86R877 KJE-F
By: Thompson of Harris H.B. No. 557
A BILL TO BE ENTITLED
AN ACT
relating to the protection of certain information from disclosure
in suits affecting the parent-child relationship and to service of
process in those suits on a party whose information is protected
from disclosure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.006(c), Family Code, is amended to
read as follows:
(c) If a court finds after notice and hearing that requiring
a party to provide the information required by this section to
another party is likely to cause the child or a conservator
harassment, abuse, serious harm, or injury, or to subject the child
or a conservator to family violence, as defined by Section 71.004,
the court may omit the information from the final order and:
(1) order the information not to be disclosed to
another party; or
(2) render any other order the court considers
necessary.
SECTION 2. Subtitle A, Title 5, Family Code, is amended by
adding Chapter 112 to read as follows:
CHAPTER 112. SERVICE OF PROCESS ON PARTY WHOSE INFORMATION IS
PROTECTED FROM DISCLOSURE
Sec. 112.001. UNAUTHORIZED DISCLOSURE OR DUPLICATION
PROHIBITED; CONTEMPT. (a) A party's information that is subject to
an order of nondisclosure under Section 105.006(c) may be
disclosed, copied, or otherwise duplicated only as provided by this
chapter.
(b) A person who violates the provisions of this chapter may
be punished for contempt of court.
Sec. 112.002. REQUEST FOR DISCLOSURE. (a) A party who
files any pleading seeking relief, including contempt, with respect
to a final order under Section 105.006 against a party whose
information is subject to an order of nondisclosure under Section
105.006(c) may request disclosure of the other party's information
to a person authorized to serve process under this chapter solely
for purposes of notice and service of process.
(b) A party requesting disclosure under Subsection (a) must
state in writing that the party does not have information necessary
to satisfy the due process requirements for notice and service of
process to the other party.
Sec. 112.003. DISCLOSURE TO AUTHORIZED PERSON. (a) On
receiving a request under Section 112.002, the clerk of the court
shall provide to a person authorized to serve process under this
chapter a written copy of the current residence address of the party
whose information is subject to an order of nondisclosure under
Section 105.006(c).
(b) The information may only be provided in person at the
office of the clerk of the court.
(c) If a citation is issued, the clerk of the court shall
ensure that the respondent is identified on the citation by name
only.
Sec. 112.004. PERSON AUTHORIZED TO SERVE PROCESS.
Notwithstanding any other law, a party to the suit or other filing
is not authorized to serve process under this chapter.
Sec. 112.005. RETURN OF SERVICE. (a) The person who serves
process under this chapter shall document that process was served
by stating on the return of service that the respondent was served
at "the residence address in the clerk's data sheet" or a similar
statement. The statement satisfies the requirement of Rule
107(b)(6), Texas Rules of Civil Procedure.
(b) The person who serves process must return to the clerk
of the court the copy of the information provided under Section
112.003(a) with the return of service.
(c) On receipt of the copy of the information provided under
Section 112.003(a), the clerk of the court shall:
(1) notate on the court's docket the return of the
copy; and
(2) destroy the copy.
Sec. 112.006. WARNING REQUIRED. The clerk of the court
shall attach to a copy of information provided under Section
112.003 the following prominently displayed statement in boldfaced
type, in capital letters, or underlined:
"TO ANY PERSON AUTHORIZED TO SERVE PROCESS:
"THIS DOCUMENT CONTAINS INFORMATION SUBJECT TO A COURT ORDER
OF NONDISCLOSURE AND IS PROVIDED TO YOU SOLELY FOR THE PURPOSE OF
LOCATING AND EFFECTING SERVICE OF PROCESS ON THE NAMED PERSON. YOU
MAY NOT DISPLAY THIS DOCUMENT OR DISCLOSE ANY OF THE INFORMATION
CONTAINED IN THIS DOCUMENT TO ANY PERSON. YOU MAY NOT COPY OR
OTHERWISE DUPLICATE THIS DOCUMENT OR THE INFORMATION IT CONTAINS.
ON THE RETURN OF SERVICE, YOU SHALL STATE THE PLACE OF SERVICE ONLY
AS "THE RESIDENCE ADDRESS IN CLERK'S DATA SHEET" OR A SIMILAR
STATEMENT. YOU MUST RETURN THIS DOCUMENT TO THE CLERK WITH THE
RETURN OF SERVICE. VIOLATION OF ANY OF THESE DIRECTIVES MAY BE
PUNISHED AS CONTEMPT OF COURT."
SECTION 3. The change in law made by this Act to Section
105.006(c), Family Code, applies to a suit affecting the
parent-child relationship pending in a trial court on or filed on or
after the effective date of this Act.
SECTION 4. Chapter 112, Family Code, as added by this Act,
applies only to a suit affecting the parent-child relationship that
is filed on or after the effective date of this Act. A suit filed
before the effective date of this Act is governed by the law in
effect on the date the suit is filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.