By: RodrÃguez S.B. No. 814
(Lucio III)
A BILL TO BE ENTITLED
AN ACT
relating to waivers of citation in certain family law suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.4035, Family Code, is amended by
amending Subsection (c) and adding Subsections (e) and (f) to read
as follows:
(c) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the waiver must be sworn before a notary public who
is not an attorney in the suit. This subsection does not apply if
the party executing the waiver is incarcerated.
(e) The party executing the waiver may not sign the waiver
using a digitized signature.
(f) For purposes of this section, "digitized signature" has
the meaning assigned by Section 101.0096.
SECTION 2. Chapter 31, Family Code, is amended by adding
Section 31.008 to read as follows:
Sec. 31.008. WAIVER OF CITATION. (a) A party to a suit
under this chapter may waive the issuance or service of citation
after the suit is filed by filing with the clerk of the court in
which the suit is filed the waiver of the party acknowledging
receipt of a copy of the filed petition.
(b) The party executing the waiver may not sign the waiver
using a digitized signature.
(c) The waiver must contain the mailing address of the party
executing the waiver.
(d) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the waiver must be sworn before a notary public who
is not an attorney in the suit. This subsection does not apply if
the party executing the waiver is incarcerated.
(e) The Texas Rules of Civil Procedure do not apply to a
waiver executed under this section.
(f) For purposes of this section, "digitized signature" has
the meaning assigned by Section 101.0096.
SECTION 3. Subchapter A, Chapter 45, Family Code, is
amended by adding Section 45.0031 to read as follows:
Sec. 45.0031. WAIVER OF CITATION. (a) A party to a suit
under this subchapter may waive the issuance or service of citation
after the suit is filed by filing with the clerk of the court in
which the suit is filed the waiver of the party acknowledging
receipt of a copy of the filed petition.
(b) The party executing the waiver may not sign the waiver
using a digitized signature.
(c) The waiver must contain the mailing address of the party
executing the waiver.
(d) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the waiver must be sworn before a notary public who
is not an attorney in the suit. This subsection does not apply if
the party executing the waiver is incarcerated.
(e) The Texas Rules of Civil Procedure do not apply to a
waiver executed under this section.
(f) For purposes of this section, "digitized signature" has
the meaning assigned by Section 101.0096.
SECTION 4. Subchapter B, Chapter 45, Family Code, is
amended by adding Section 45.107 to read as follows:
Sec. 45.107. WAIVER OF CITATION. (a) A party to a suit
under this subchapter may waive the issuance or service of citation
after the suit is filed by filing with the clerk of the court in
which the suit is filed the waiver of the party acknowledging
receipt of a copy of the filed petition.
(b) The party executing the waiver may not sign the waiver
using a digitized signature.
(c) The waiver must contain the mailing address of the party
executing the waiver.
(d) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the waiver must be sworn before a notary public who
is not an attorney in the suit. This subsection does not apply if
the party executing the waiver is incarcerated.
(e) The Texas Rules of Civil Procedure do not apply to a
waiver executed under this section.
(f) For purposes of this section, "digitized signature" has
the meaning assigned by Section 101.0096.
SECTION 5. Chapter 102, Family Code, is amended by adding
Section 102.0091 to read as follows:
Sec. 102.0091. WAIVER OF CITATION. (a) A party to a suit
under this title may waive the issuance or service of citation after
the suit is filed by filing with the clerk of the court in which the
suit is filed the waiver of the party acknowledging receipt of a
copy of the filed petition.
(b) The party executing the waiver may not sign the waiver
using a digitized signature.
(c) The waiver must contain the mailing address of the party
executing the waiver.
(d) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the waiver must be sworn before a notary public who
is not an attorney in the suit. This subsection does not apply if
the party executing the waiver is incarcerated.
(e) The Texas Rules of Civil Procedure do not apply to a
waiver executed under this section.
SECTION 6. The changes in law made by this Act apply only to
a suit that is commenced on or after the effective date of this Act.
A suit that is commenced before that date is governed by the law as
it existed on the date the suit was commenced, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2015.