Texas Senate Bill SB814

Texas 2015 - 84th Regular

Caption

Relating to waivers of citation in certain family law suits.

Impact

The bill's provisions significantly alter existing legal processes in family law cases in Texas. By allowing parties to waive the issuance or service of citation, the legislation reduces the procedural burden on litigants, enabling more streamlined court proceedings. The requirement for notarization aims to enhance the integrity of the waivers, ensuring that such actions are formally acknowledged and recorded. This change could lead to a decrease in delays associated with serving citations, potentially resulting in more efficient case resolutions. However, it must be noted that these changes apply only to suits commenced after the enactment date of September 1, 2015, leaving previously filed suits governed by the former law.

Summary

SB814 introduces amendments to the Texas Family Code regarding waivers of citation in family law suits. Specifically, the bill stipulates that such waivers must be sworn before a notary public who is not an attorney in the suit, and it prohibits the use of digitized signatures. The bill aims to simplify the process for parties involved in family law cases by allowing them to personally acknowledge receipt of the petition without the need for formal service, provided they follow the new procedures established in this legislation.

Sentiment

The reception of SB814 appears to be generally positive among legislators, as evidenced by the unanimous vote during its third reading in the House. Supporters have praised the bill for its potential to reduce needless procedural complexities in family law cases. The sentiment suggests that the bill is viewed as a practical reform aimed at improving access to the legal system for individuals seeking to navigate family law matters. However, some may express concerns regarding the implications of waiving citation and the necessity of notarization, particularly in cases involving incarcerated individuals or those unable to easily access notary services.

Contention

Despite the overall positive sentiment, there are points of contention worth noting. Critics of the bill could argue that the prohibition on digitized signatures might limit the accessibility of the waiver process, especially for individuals who may prefer electronic means due to physical or logistical challenges. Moreover, concerns may arise regarding the requirement for notarization, as it necessitates additional steps that could deter some parties from pursuing their cases. As with any legal reform, the implementation of this bill will require careful monitoring to assess its effectiveness and accessibility in practice.