83R2869 TJS-F
By: Raymond H.B. No. 2878
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures in certain civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Sections 30.019 and 30.020 to read as follows:
Sec. 30.019. STANDARDIZED FORMS. (a) In this section,
"standardized form" means a form promulgated by the supreme court
under Section 22.003, Government Code, for use in a civil action in
a trial court of this state, including a petition or answer, notice,
motion, proposed order, or other pleading. The term includes any
instructions promulgated for use with the form.
(b) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
(c) A court may not grant relief or enter an order using or
relying on a standardized form that does not comply with
substantive or procedural law.
(d) A standardized form may not be used for a purpose other
than the purpose stated in the order approving the standardized
form.
(e) A court may not accept a standardized form that is:
(1) prepared in a manner inconsistent with the
instructions promulgated for use with the form; or
(2) submitted for a use other than the use authorized
by the order adopting the standardized form.
(f) The clerk of a court may not complete, assist in
completing, or advise a party concerning the completion of a
standardized form.
(g) This section does not apply to a standardized form used
in an action to seek or enforce a protective order under Title 4,
Family Code.
Sec. 30.020. SELF-REPRESENTED LITIGATION. (a) In this
section, "self-represented litigant" means a party to a civil
action who is not represented by an attorney.
(b) Except as otherwise provided by law or a court order:
(1) a party is not required to be represented by an
attorney in a civil action; and
(2) a self-represented litigant is subject to the same
substantive and procedural law as a person who is represented by an
attorney.
SECTION 2. Section 7.003, Family Code, is amended to read as
follows:
Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT
BENEFITS AND OTHER PLANS. (a) In a decree of divorce or annulment,
the court shall determine the rights of both spouses in a pension,
retirement plan, annuity, individual retirement account, employee
stock option plan, stock option, or other form of savings, bonus,
profit-sharing, or other employer plan or financial plan of an
employee or a participant, regardless of whether the person is
self-employed, in the nature of compensation or savings.
(b) In a suit for dissolution of a marriage in which either
spouse is a self-represented litigant, as defined by Section
30.020, Civil Practice and Remedies Code, and files any
standardized form, as defined by Section 30.019, Civil Practice and
Remedies Code, the court may not enter a decree of divorce or
annulment until each spouse:
(1) discloses to the court and to the other spouse the
existence, nature, and value of a pension, plan, or other account
described by Subsection (a); or
(2) swears that the spouse does not own or have a legal
or equitable interest in a pension, plan, or other account
described by Subsection (a).
SECTION 3. Section 22.003, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) An order of the supreme court adopting a form must
specify an effective date to be printed conspicuously on the form.
The effective date must provide for a reasonable period of time
during which the court will accept public comment on the form before
it becomes effective.
SECTION 4. (a) Section 30.019, Civil Practice and Remedies
Code, as added by this Act, applies to a standardized form
promulgated by the Supreme Court of Texas before, on, or after the
effective date of this Act that is filed in a civil action on or
after the effective date of this Act. A standardized form that is
filed in a civil action before the effective date of this Act is
governed by the law in effect on the date the form is filed, and that
law is continued in effect for that purpose.
(b) Section 30.020, Civil Practice and Remedies Code, as
added by this Act, is intended to clarify existing law with respect
to the law that applies to a party to civil litigation who is not
represented by an attorney.
(c) Section 7.003, Family Code, as amended by this Act,
applies only to a suit for dissolution of a marriage filed on or
after the effective date of this Act. A suit for dissolution filed
before the effective date of this Act is governed by the law in
effect on the date the suit was filed, and that law is continued in
effect for that purpose.
(d) Section 22.003(c), Government Code, as added by this
Act, applies to a form promulgated by the Supreme Court of Texas on
or after the effective date of this Act. A form promulgated by the
Supreme Court of Texas before the effective date of this Act is
governed by the law in effect on the date the form was promulgated,
and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.