Texas House Bill HB866

Texas 2021 - 87th Regular

Caption

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; providing a punishment for contempt of court.

Impact

One significant aspect of HB866 is its requirement for courts to issue final orders that may withhold information from public disclosure when deemed necessary for the protection of a child or conservator. This shifts some responsibility onto the courts to evaluate the risks associated with disclosing personal information, which can lead to changes in how suits affecting the parent-child relationship are processed. Notably, the bill also provides a clear framework for how and when this information can be disclosed to ensure that due process requirements are still met for notice and service of process.

Summary

House Bill 866 primarily aims to enhance the protection of certain personal information from disclosure in legal proceedings that affect the parent-child relationship. The bill amends the Family Code to allow courts to omit sensitive information from public records if disclosing such information could lead to harassment, abuse, or injury for a child or conservator involved in the proceedings. By implementing these changes, the bill seeks to create a safer environment for individuals, especially those with histories of domestic violence or similar issues.

Contention

The bill's provisions could generate debate surrounding issues of transparency in family court proceedings versus the need for privacy and protection for vulnerable individuals. Opponents of such measures might argue that withholding information could impede the ability of parties to effectively engage in legal proceedings, raising concerns about fairness and access to justice. Proponents, however, will likely emphasize the protective nature of the bill, advocating for the necessity of such measures to safeguard those at risk in family legal matters.