By: Carona S.B. No. 478
A BILL TO BE ENTITLED
AN ACT
relating to personal information contained in certain decrees and
orders in family law proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Family Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. MISCELLANEOUS PROVISIONS
Sec. 1.151. PERSONAL INFORMATION IN CERTAIN DECREES AND
ORDERS. (a) In this section:
(1) "Domestic relations office" has the meaning
assigned by Section 203.001.
(2) "Personal information" means an individual's:
(A) complete social security number;
(B) complete driver's license number; and
(C) complete account number for an account with a
bank or other financial institution, including credit and debit
card accounts and insurance-related accounts.
(b) Except as provided by Subsection (e), the following
decrees and orders, including any temporary orders, enforcement
orders, or modification orders related to the following decrees and
orders, may not contain personal information with regard to any
party to the proceeding:
(1) a final decree of dissolution of a marriage,
including a decree of annulment and a decree declaring a marriage
void;
(2) an order in a suit affecting the parent-child
relationship, including an order adjudicating parentage;
(3) an order related to the disposition of marital
property;
(4) an order related to an award of spousal
maintenance; and
(5) an order related to an award of child support.
(c) Except as provided by Subsection (e), personal
information regarding a party must be listed in a separate document
titled "CONFIDENTIAL DATA PAGE" in boldfaced type that also
includes:
(1) the cause number and style of the proceeding;
(2) the name of each party to the proceeding; and
(3) the current residence address and mailing address
of each party to the proceeding.
(d) Access to the confidential data page required by
Subsection (c) may be granted only to a person listed in Subsection
(f).
(e) If personal information is required by any federal or
state law or agency rule or regulation to be included in a decree or
order described by Subsection (b), the decree or order is
confidential. Access to a document described by this subsection
may be granted only to a person listed in Subsection (f).
(f) Access to the confidential data page required by
Subsection (c) or a decree or order described by Subsection (e) may
be granted only to:
(1) a party to the proceeding or an attorney for a
party to the proceeding;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order;
(3) a representative of the Department of Family and
Protective Services;
(4) a representative of a domestic relations office;
(5) the attorney general or an assistant or
representative of the attorney general;
(6) a representative of a pension fund managing a
qualified plan under Section 401(a), Internal Revenue Code of 1986,
in connection with the handling and administration of a proposed or
approved qualified domestic relations order, if a party to the
proceeding:
(A) is a current or former member of the
qualified plan;
(B) is currently receiving a benefit from the
qualified plan, including as an alternate payee;
(C) is identified by plan records as a
beneficiary under the qualified plan; or
(D) is making or has made a claim for
distribution of benefits, including as an alternate payee, from the
qualified plan through the submission of a qualified domestic
relations order; and
(7) any other person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(g) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
(h) Notwithstanding Subsection (f), this section does not
limit or otherwise affect:
(1) the authority of the Title IV-D agency or a
domestic relations office to collect and use personal information
for child support purposes; or
(2) the use by the clerk of a court, for reference
purposes only, of the last four numbers of a bank account number.
SECTION 2. Subsections (a) and (e), Section 105.006, Family
Code, are amended to read as follows:
(a) A final order, other than in a proceeding under Chapter
161 or 162, must contain:
(1) the last three numbers of the social security
number and the last three numbers of the driver's license number of
each party to the suit, including the child, except that the child's
partial social security number or partial driver's license number
is not required if the child has not been assigned a social security
number or driver's license number; and
(2) each party's current residence address, mailing
address, home telephone number, name of employer, address of
employment, and work telephone number, except as provided by
Subsection (c).
(e) Except as provided by Subsection (c), an order in a suit
that orders child support or possession of or access to a child must
also contain the following prominently displayed statement in
boldfaced type, capital letters, or underlined:
"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
[DRIVER'S LICENSE NUMBER,] AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO
GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE
THAT THE PARTY KNOWS OF THE CHANGE.
"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD
SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
SECTION 3. The changes in law made by this Act apply only to
a decree or order that is rendered or issued on or after the
effective date of this Act. A decree or order rendered or issued
before the effective date of this Act is governed by the law in
effect on the date the decree or order was rendered or issued, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.