Texas 2009 - 81st Regular

Texas Senate Bill SB478 Compare Versions

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1	1	By: Carona S.B. No. 478
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to personal information contained in certain decrees and
7	7	orders in family law proceedings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 1, Family Code, is amended by adding
10	10	Subchapter C to read as follows:
11	11	SUBCHAPTER C. MISCELLANEOUS PROVISIONS
12	12	Sec. 1.151. PERSONAL INFORMATION IN CERTAIN DECREES AND
13	13	ORDERS. (a) In this section:
14	14	(1) "Domestic relations office" has the meaning
15	15	assigned by Section 203.001.
16	16	(2) "Personal information" means an individual's:
17	17	(A) complete social security number;
18	18	(B) complete driver's license number; and
19	19	(C) complete account number for an account with a
20	20	bank or other financial institution, including credit and debit
21	21	card accounts and insurance-related accounts.
22	22	(b) Except as provided by Subsection (e), the following
23	23	decrees and orders, including any temporary orders, enforcement
24	24	orders, or modification orders related to the following decrees and
25	25	orders, may not contain personal information with regard to any
26	26	party to the proceeding:
27	27	(1) a final decree of dissolution of a marriage,
28	28	including a decree of annulment and a decree declaring a marriage
29	29	void;
30	30	(2) an order in a suit affecting the parent-child
31	31	relationship, including an order adjudicating parentage;
32	32	(3) an order related to the disposition of marital
33	33	property;
34	34	(4) an order related to an award of spousal
35	35	maintenance; and
36	36	(5) an order related to an award of child support.
37	37	(c) Except as provided by Subsection (e), personal
38	38	information regarding a party must be listed in a separate document
39	39	titled "CONFIDENTIAL DATA PAGE" in boldfaced type that also
40	40	includes:
41	41	(1) the cause number and style of the proceeding;
42	42	(2) the name of each party to the proceeding; and
43	43	(3) the current residence address and mailing address
44	44	of each party to the proceeding.
45	45	(d) Access to the confidential data page required by
46	46	Subsection (c) may be granted only to a person listed in Subsection
47	47	(f).
48	48	(e) If personal information is required by any federal or
49	49	state law or agency rule or regulation to be included in a decree or
50	50	order described by Subsection (b), the decree or order is
51	51	confidential. Access to a document described by this subsection
52	52	may be granted only to a person listed in Subsection (f).
53	53	(f) Access to the confidential data page required by
54	54	Subsection (c) or a decree or order described by Subsection (e) may
55	55	be granted only to:
56	56	(1) a party to the proceeding or an attorney for a
57	57	party to the proceeding;
58	58	(2) a law enforcement agency, the Title IV-D agency,
59	59	or another governmental entity conducting a criminal investigation
60	60	or establishing or enforcing a child support order;
61	61	(3) a representative of the Department of Family and
62	62	Protective Services;
63	63	(4) a representative of a domestic relations office;
64	64	(5) the attorney general or an assistant or
65	65	representative of the attorney general;
66	66	(6) a representative of a pension fund managing a
67	67	qualified plan under Section 401(a), Internal Revenue Code of 1986,
68	68	in connection with the handling and administration of a proposed or
69	69	approved qualified domestic relations order, if a party to the
70	70	proceeding:
71	71	(A) is a current or former member of the
72	72	qualified plan;
73	73	(B) is currently receiving a benefit from the
74	74	qualified plan, including as an alternate payee;
75	75	(C) is identified by plan records as a
76	76	beneficiary under the qualified plan; or
77	77	(D) is making or has made a claim for
78	78	distribution of benefits, including as an alternate payee, from the
79	79	qualified plan through the submission of a qualified domestic
80	80	relations order; and
81	81	(7) any other person authorized to obtain the
82	82	information by a court order that includes a finding of good cause
83	83	for disclosing the information to that person.
84	84	(g) This section does not require a court to grant access to
85	85	confidential personal information if access is restricted by other
86	86	law.
87	87	(h) Notwithstanding Subsection (f), this section does not
88	88	limit or otherwise affect:
89	89	(1) the authority of the Title IV-D agency or a
90	90	domestic relations office to collect and use personal information
91	91	for child support purposes; or
92	92	(2) the use by the clerk of a court, for reference
93	93	purposes only, of the last four numbers of a bank account number.
94	94	SECTION 2. Subsections (a) and (e), Section 105.006, Family
95	95	Code, are amended to read as follows:
96	96	(a) A final order, other than in a proceeding under Chapter
97	97	161 or 162, must contain:
98	98	(1) the last three numbers of the social security
99	99	number and the last three numbers of the driver's license number of
100	100	each party to the suit, including the child, except that the child's
101	101	partial social security number or partial driver's license number
102	102	is not required if the child has not been assigned a social security
103	103	number or driver's license number; and
104	104	(2) each party's current residence address, mailing
105	105	address, home telephone number, name of employer, address of
106	106	employment, and work telephone number, except as provided by
107	107	Subsection (c).
108	108	(e) Except as provided by Subsection (c), an order in a suit
109	109	that orders child support or possession of or access to a child must
110	110	also contain the following prominently displayed statement in
111	111	boldfaced type, capital letters, or underlined:
112	112	"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
113	113	EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
114	114	CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
115	115	HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
116	116	[DRIVER'S LICENSE NUMBER,] AND WORK TELEPHONE NUMBER. THE PARTY IS
117	117	ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
118	118	INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
119	119	REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
120	120	THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
121	121	SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO
122	122	GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE
123	123	THAT THE PARTY KNOWS OF THE CHANGE.
124	124	"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
125	125	THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
126	126	PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD
127	127	SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
128	128	"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
129	129	EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
130	130	CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
131	131	TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
132	132	CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
133	133	MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
134	134	JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
135	135	SECTION 3. The changes in law made by this Act apply only to
136	136	a decree or order that is rendered or issued on or after the
137	137	effective date of this Act. A decree or order rendered or issued
138	138	before the effective date of this Act is governed by the law in
139	139	effect on the date the decree or order was rendered or issued, and
140	140	the former law is continued in effect for that purpose.
141	141	SECTION 4. This Act takes effect September 1, 2009.