Texas 2015 - 84th Regular

Texas Senate Bill SB814 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez S.B. No. 814
2		-	(Lucio III)
	1	+	S.B. No. 814
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to waivers of citation in certain family law suits.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Section 6.4035, Family Code, is amended by
10	8		amending Subsection (c) and adding Subsections (e) and (f) to read
11	9		as follows:
12	10		(c) Notwithstanding Section 132.001, Civil Practice and
13	11		Remedies Code, the waiver must be sworn before a notary public who
14	12		is not an attorney in the suit. This subsection does not apply if
15	13		the party executing the waiver is incarcerated.
16	14		(e) The party executing the waiver may not sign the waiver
17	15		using a digitized signature.
18	16		(f) For purposes of this section, "digitized signature" has
19	17		the meaning assigned by Section 101.0096.
20	18		SECTION 2. Chapter 31, Family Code, is amended by adding
21	19		Section 31.008 to read as follows:
22	20		Sec. 31.008. WAIVER OF CITATION. (a) A party to a suit
23	21		under this chapter may waive the issuance or service of citation
24	22		after the suit is filed by filing with the clerk of the court in
25	23		which the suit is filed the waiver of the party acknowledging
26	24		receipt of a copy of the filed petition.
27	25		(b) The party executing the waiver may not sign the waiver
28	26		using a digitized signature.
29	27		(c) The waiver must contain the mailing address of the party
30	28		executing the waiver.
31	29		(d) Notwithstanding Section 132.001, Civil Practice and
32	30		Remedies Code, the waiver must be sworn before a notary public who
33	31		is not an attorney in the suit. This subsection does not apply if
34	32		the party executing the waiver is incarcerated.
35	33		(e) The Texas Rules of Civil Procedure do not apply to a
36	34		waiver executed under this section.
37	35		(f) For purposes of this section, "digitized signature" has
38	36		the meaning assigned by Section 101.0096.
39	37		SECTION 3. Subchapter A, Chapter 45, Family Code, is
40	38		amended by adding Section 45.0031 to read as follows:
41	39		Sec. 45.0031. WAIVER OF CITATION. (a) A party to a suit
42	40		under this subchapter may waive the issuance or service of citation
43	41		after the suit is filed by filing with the clerk of the court in
44	42		which the suit is filed the waiver of the party acknowledging
45	43		receipt of a copy of the filed petition.
46	44		(b) The party executing the waiver may not sign the waiver
47	45		using a digitized signature.
48	46		(c) The waiver must contain the mailing address of the party
49	47		executing the waiver.
50	48		(d) Notwithstanding Section 132.001, Civil Practice and
51	49		Remedies Code, the waiver must be sworn before a notary public who
52	50		is not an attorney in the suit. This subsection does not apply if
53	51		the party executing the waiver is incarcerated.
54	52		(e) The Texas Rules of Civil Procedure do not apply to a
55	53		waiver executed under this section.
56	54		(f) For purposes of this section, "digitized signature" has
57	55		the meaning assigned by Section 101.0096.
58	56		SECTION 4. Subchapter B, Chapter 45, Family Code, is
59	57		amended by adding Section 45.107 to read as follows:
60	58		Sec. 45.107. WAIVER OF CITATION. (a) A party to a suit
61	59		under this subchapter may waive the issuance or service of citation
62	60		after the suit is filed by filing with the clerk of the court in
63	61		which the suit is filed the waiver of the party acknowledging
64	62		receipt of a copy of the filed petition.
65	63		(b) The party executing the waiver may not sign the waiver
66	64		using a digitized signature.
67	65		(c) The waiver must contain the mailing address of the party
68	66		executing the waiver.
69	67		(d) Notwithstanding Section 132.001, Civil Practice and
70	68		Remedies Code, the waiver must be sworn before a notary public who
71	69		is not an attorney in the suit. This subsection does not apply if
72	70		the party executing the waiver is incarcerated.
73	71		(e) The Texas Rules of Civil Procedure do not apply to a
74	72		waiver executed under this section.
75	73		(f) For purposes of this section, "digitized signature" has
76	74		the meaning assigned by Section 101.0096.
77	75		SECTION 5. Chapter 102, Family Code, is amended by adding
78	76		Section 102.0091 to read as follows:
79	77		Sec. 102.0091. WAIVER OF CITATION. (a) A party to a suit
80	78		under this title may waive the issuance or service of citation after
81	79		the suit is filed by filing with the clerk of the court in which the
82	80		suit is filed the waiver of the party acknowledging receipt of a
83	81		copy of the filed petition.
84	82		(b) The party executing the waiver may not sign the waiver
85	83		using a digitized signature.
86	84		(c) The waiver must contain the mailing address of the party
87	85		executing the waiver.
88	86		(d) Notwithstanding Section 132.001, Civil Practice and
89	87		Remedies Code, the waiver must be sworn before a notary public who
90	88		is not an attorney in the suit. This subsection does not apply if
91	89		the party executing the waiver is incarcerated.
92	90		(e) The Texas Rules of Civil Procedure do not apply to a
93	91		waiver executed under this section.
94	92		SECTION 6. The changes in law made by this Act apply only to
95	93		a suit that is commenced on or after the effective date of this Act.
96	94		A suit that is commenced before that date is governed by the law as
97	95		it existed on the date the suit was commenced, and the former law is
98	96		continued in effect for that purpose.
99	97		SECTION 7. This Act takes effect September 1, 2015.
	98	+	______________________________ ______________________________
	99	+	President of the Senate Speaker of the House
	100	+	I hereby certify that S.B. No. 814 passed the Senate on
	101	+	April 9, 2015, by the following vote: Yeas 31, Nays 0.
	102	+	______________________________
	103	+	Secretary of the Senate
	104	+	I hereby certify that S.B. No. 814 passed the House on
	105	+	May 15, 2015, by the following vote: Yeas 136, Nays 3, two
	106	+	present not voting.
	107	+	______________________________
	108	+	Chief Clerk of the House
	109	+	Approved:
	110	+	______________________________
	111	+	Date
	112	+	______________________________
	113	+	Governor