Texas 2021 - 87th Regular

Texas House Bill HB866 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R735 EAS-F
2	2	By: Thompson of Harris H.B. No. 866
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of certain information from disclosure
8	8	in suits affecting the parent-child relationship and to service of
9	9	process in those suits on a party whose information is protected
10	10	from disclosure; providing a punishment for contempt of court.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 105.006, Family Code, is amended by
13	13	amending Subsections (c), (e), and (f) and adding Subsections
14	14	(c-1), (c-2), (c-3), and (c-4) to read as follows:
15	15	(c) If a court finds after notice and hearing that requiring
16	16	a party to provide the information required by this section to
17	17	another party is likely to cause the child or a conservator
18	18	harassment, abuse, serious harm, or injury, or to subject the child
19	19	or a conservator to family violence, as defined by Section 71.004,
20	20	the court may render a final order omitting the information
21	21	required by this section and may:
22	22	(1) order the information not to be disclosed to
23	23	another party; or
24	24	(2) render any other order the court considers
25	25	necessary.
26	26	(c-1) If a court renders an order under Subsection (c), the
27	27	court shall:
28	28	(1) require the party with respect to whom information
29	29	is omitted under the final order to designate:
30	30	(A) a substitute post office box address that the
31	31	party may use in place of that party's true residential, business,
32	32	or school address; and
33	33	(B) an individual at that post office box address
34	34	to act as agent to receive service of process and mail on the
35	35	protected party's behalf;
36	36	(2) inform the party of the party's right to designate
37	37	the attorney general as the party's agent to receive service of
38	38	process and mail on behalf of the party through the address
39	39	confidentiality program created by Article 56.82, Code of Criminal
40	40	Procedure, and provide the party with information regarding that
41	41	program; and
42	42	(3) if the party chooses to participate in the address
43	43	confidentiality program described by Subdivision (2), provide the
44	44	party with the application for the program.
45	45	(c-2) The substitute address and name of the individual
46	46	acting as the party's agent or the designation of the attorney
47	47	general as the party's agent must be contained in the final order.
48	48	(c-3) If a party designates a substitute address and an
49	49	individual to act as the party's agent, any summons, writ, notice,
50	50	demand, or process in a matter arising under Title 1 or Title 5 may
51	51	be served on the designated individual in accordance with the Texas
52	52	Rules of Civil Procedure.
53	53	(c-4) If a party designates the attorney general as the
54	54	party's agent, any summons, writ, notice, demand, or process in a
55	55	matter arising under Title 1 or Title 5 may be served on the
56	56	attorney general in accordance with Article 56.82, Code of Criminal
57	57	Procedure.
58	58	(e) Except as provided by Subsection (c), an order in a suit
59	59	that orders child support or possession of or access to a child must
60	60	also contain the following prominently displayed statement in
61	61	boldfaced type, in capital letters, or underlined:
62	62	"UNLESS THE COURT HAS ORDERED A PARTY TO DESIGNATE A
63	63	SUBSTITUTE ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE
64	64	SERVICE OF PROCESS, EACH PERSON WHO IS A PARTY TO THIS ORDER IS
65	65	ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE
66	66	REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS,
67	67	MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS
68	68	OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER.
69	69	THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF
70	70	THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE
71	71	STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED
72	72	CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE
73	73	CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS
74	74	ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY
75	75	AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE."
76	76	"IF THE COURT HAS ORDERED A PARTY TO DESIGNATE A SUBSTITUTE
77	77	ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE SERVICE OF
78	78	PROCESS, THE PARTY IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT,
79	79	AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S DESIGNATED
80	80	SUBSTITUTE ADDRESS OR AGENT, INCLUDING THE PARTY DESIGNATING OR
81	81	CEASING TO DESIGNATE THE ATTORNEY GENERAL AS THE PARTY'S AGENT
82	82	THROUGH THE ADDRESS CONFIDENTIALITY PROGRAM CREATED BY ARTICLE
83	83	56.82, CODE OF CRIMINAL PROCEDURE."
84	84	"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
85	85	THE COURT, AND THE STATE CASE REGISTRY AND TO NOTIFY EACH OTHER
86	86	PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE
87	87	REGARDING A DESIGNATED SUBSTITUTE ADDRESS OR AGENT CONTINUES AS
88	88	LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION
89	89	TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A
90	90	CHILD."
91	91	"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
92	92	EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
93	93	CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
94	94	TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
95	95	CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
96	96	MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
97	97	JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. IF
98	98	APPLICABLE, FAILURE BY A PARTY TO NOTIFY EACH OTHER PARTY, THE
99	99	COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S
100	100	DESIGNATED SUBSTITUTE ADDRESS OR AGENT MAY RESULT IN A DEFAULT
101	101	JUDGMENT."
102	102	(f) Except for an action in which contempt is sought, in any
103	103	subsequent child support enforcement action, the court may:
104	104	(1)[,] on a showing that diligent effort has been made
105	105	to determine the location of a party, consider due process
106	106	requirements for notice and service of process to be met with
107	107	respect to that party on delivery of written notice to the most
108	108	recent residential or employer address filed by that party with the
109	109	court and the state case registry; or
110	110	(2) on a showing that diligent effort has been made to
111	111	determine the location of a party who is subject to an order
112	112	rendered under Subsection (c), consider due process requirements
113	113	for notice and service of process to be met with respect to that
114	114	party on delivery of written notice to the most recent substitute
115	115	address designated by the party.
116	116	SECTION 2. Section 105.007, Family Code, is amended to read
117	117	as follows:
118	118	Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
119	119	CHANGE OF REQUIRED INFORMATION. (a) Except for a suit in which an
120	120	order is rendered under Subsection (c), a [A] party shall comply
121	121	with the order by giving written notice to each other party of an
122	122	intended change in the party's current residence address, mailing
123	123	address, home telephone number, name of employer, address of
124	124	employment, and work telephone number.
125	125	(b) Except for a suit in which an order is rendered under
126	126	Subsection (c), the [The] party must give written notice by
127	127	registered or certified mail of an intended change in the required
128	128	information to each other party on or before the 60th day before the
129	129	change is made. If the party does not know or could not have known of
130	130	the change in sufficient time to provide 60-day notice, the party
131	131	shall provide the written notice of the change on or before the
132	132	fifth day after the date that the party knew of the change.
133	133	(c) A party who has been ordered under Section 105.006(c) to
134	134	designate a substitute address and an individual to act as an agent
135	135	to receive service of process on the party's behalf, including a
136	136	party who has designated the attorney general as the party's agent
137	137	through the address confidentiality program created by Article
138	138	56.82, Code of Criminal Procedure, must give written notice of a
139	139	change in either the substituted address or the designated agent by
140	140	registered or certified mail on or before the 60th day before the
141	141	change is made. If the party does not know or could not have known of
142	142	the change in sufficient time to provide the 60-day notice, the
143	143	party shall provide the written notice of the change on or before
144	144	the fifth day after the date the party knew of the change [The court
145	145	may waive the notice required by this section on motion by a party
146	146	if it finds that the giving of notice of a change of the required
147	147	information would be likely to expose the child or the party to
148	148	harassment, abuse, serious harm, or injury].
149	149	SECTION 3. Subtitle A, Title 5, Family Code, is amended by
150	150	adding Chapter 112 to read as follows:
151	151	CHAPTER 112. SERVICE OF PROCESS ON PARTY WHOSE INFORMATION IS
152	152	PROTECTED FROM DISCLOSURE
153	153	Sec. 112.001. UNAUTHORIZED DISCLOSURE OR DUPLICATION
154	154	PROHIBITED; CONTEMPT. (a) A party's information that is subject to
155	155	an order of nondisclosure under Section 105.006(c) rendered before
156	156	September 1, 2021, may be disclosed, copied, or otherwise
157	157	duplicated only as provided by this chapter.
158	158	(b) A person who violates the provisions of this chapter may
159	159	be punished for contempt of court. A person who is found in
160	160	contempt of court is subject to:
161	161	(1) incarceration in the county jail for a period of
162	162	not less than three days; and
163	163	(2) a fine of not less than $200 for each instance of
164	164	contempt.
165	165	Sec. 112.002. REQUEST FOR DISCLOSURE. (a) A party who
166	166	files any pleading seeking relief, including contempt, with respect
167	167	to any matter arising under this title or Title 4 against a party
168	168	whose information is subject to an order of nondisclosure under
169	169	Section 105.006(c) rendered before September 1, 2021, may request
170	170	disclosure of the other party's information to the clerk of the
171	171	court and to a person authorized to serve process under this chapter
172	172	solely for purposes of notice and service of process.
173	173	(b) A party requesting disclosure under Subsection (a) must
174	174	state in writing that the party does not have information necessary
175	175	to satisfy the due process requirements for notice and service of
176	176	process to the other party.
177	177	Sec. 112.003. DISCLOSURE TO AUTHORIZED PERSON. (a) On
178	178	receiving a request under Section 112.002, the clerk of the court
179	179	shall send a request to the state case registry for the disclosure
180	180	of the current residence address of the party whose information is
181	181	subject to an order of nondisclosure under Section 105.006(c). The
182	182	state case registry shall provide the requested information in
183	183	writing to the clerk of the court not later than the 10th day after
184	184	the date the state case registry receives the request. On
185	185	disclosure of the address by the state case registry, the clerk of
186	186	the court shall provide the information in writing to a person
187	187	authorized to serve process under this chapter.
188	188	(b) The information may only be provided in person at the
189	189	office of the clerk of the court.
190	190	(c) If a citation is issued, the clerk of the court shall
191	191	ensure that the respondent is identified on the citation by name
192	192	only.
193	193	Sec. 112.004. PERSON AUTHORIZED TO SERVE PROCESS. Unless
194	194	otherwise authorized by written court order, only a sheriff or
195	195	constable may serve process under this chapter.
196	196	Sec. 112.005. NOTICE SENT BY CLERK. Before or at the time
197	197	the citation is issued, the clerk of the court must give notice to
198	198	the party identified in the citation at the provided address that
199	199	states the style and cause number of the case. The notice must
200	200	contain the following prominently displayed statement in boldfaced
201	201	type, in capital letters, or underlined:
202	202	"YOUR ADDRESS HAS BEEN WITHHELD FROM DISCLOSURE FROM A PARTY
203	203	IN THE CAUSE NUMBER ABOVE. A CITATION HAS BEEN ISSUED TO GIVE YOU
204	204	NOTICE THAT A SUIT HAS BEEN FILED. YOUR ADDRESS HAS BEEN PROVIDED
205	205	TO A PERSON AUTHORIZED TO SERVE CITATION. YOUR ADDRESS HAS NOT BEEN
206	206	DISCLOSED TO ANY OTHER PARTIES. A DISCLOSURE OF YOUR INFORMATION BY
207	207	THE PERSON AUTHORIZED TO SERVE CITATION MAY RESULT IN THAT PERSON
208	208	BEING HELD IN CONTEMPT OF COURT."
209	209	Sec. 112.006. RETURN OF SERVICE. (a) The person who serves
210	210	process under this chapter shall document that process was served
211	211	by stating on the return of service that the respondent was served
212	212	at "the residence address in the clerk's data sheet" or a similar
213	213	statement. The above statement satisfies the requirement of Rule
214	214	107(b)(6), Texas Rules of Civil Procedure. The return may not state
215	215	the physical location where process was served.
216	216	(b) The person who serves process shall return to the clerk
217	217	of the court the copy of the information provided under Section
218	218	112.003(a) with the return of service.
219	219	(c) On receipt of the copy of the information provided under
220	220	Section 112.003(a), the clerk of the court shall:
221	221	(1) notate on the court's docket the return of the
222	222	copy; and
223	223	(2) destroy the copy.
224	224	Sec. 112.007. WARNING REQUIRED. The clerk of the court
225	225	shall attach to a copy of information provided under Section
226	226	112.003 the following prominently displayed statement in boldfaced
227	227	type, in capital letters, or underlined:
228	228	"TO ANY PERSON AUTHORIZED TO SERVE PROCESS:
229	229	"THIS DOCUMENT CONTAINS INFORMATION SUBJECT TO A COURT ORDER
230	230	OF NONDISCLOSURE AND IS PROVIDED TO YOU SOLELY FOR THE PURPOSE OF
231	231	LOCATING AND EFFECTING SERVICE OF PROCESS ON THE NAMED PERSON. YOU
232	232	MAY NOT DISPLAY THIS DOCUMENT OR DISCLOSE ANY OF THE INFORMATION
233	233	CONTAINED IN THIS DOCUMENT TO ANY PERSON. YOU MAY NOT COPY OR
234	234	OTHERWISE DUPLICATE THIS DOCUMENT OR THE INFORMATION IT CONTAINS.
235	235	ON THE RETURN OF SERVICE, YOU SHALL STATE THE PLACE OF SERVICE ONLY
236	236	AS "THE RESIDENCE ADDRESS IN CLERK'S DATA SHEET" OR A SIMILAR
237	237	STATEMENT. YOU MUST RETURN THIS DOCUMENT TO THE CLERK WITH THE
238	238	RETURN OF SERVICE. VIOLATION OF ANY OF THESE DIRECTIVES MAY BE
239	239	PUNISHED AS CONTEMPT OF COURT."
240	240	SECTION 4. Section 234.012, Family Code, is amended to read
241	241	as follows:
242	242	Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE
243	243	REGISTRY. (a) Unless prohibited by a court in accordance with
244	244	Section 105.006(c), the state case registry shall, on request and
245	245	to the extent permitted by federal law, provide the information
246	246	required under Sections 105.006 and 105.008 in any case included in
247	247	the registry under Section 234.001(b) to:
248	248	(1) any party to the proceeding;
249	249	(2) an amicus attorney;
250	250	(3) an attorney ad litem;
251	251	(4) a friend of the court;
252	252	(5) a guardian ad litem;
253	253	(6) a domestic relations office;
254	254	(7) a prosecuting attorney or juvenile court acting in
255	255	a proceeding under Title 3; or
256	256	(8) a governmental entity or court acting in a
257	257	proceeding under Chapter 262.
258	258	(b) Notwithstanding Subsection (a), the state case registry
259	259	shall release information that was subject to an order of
260	260	nondisclosure under Section 105.006(c) as necessary to respond to a
261	261	request of a clerk of court made in accordance with Chapter 112.
262	262	The state case registry shall release the information not later
263	263	than the 10th day after the date the state case registry receives
264	264	the request.
265	265	SECTION 5. The changes in law made by this Act to Sections
266	266	105.006 and 105.007, Family Code, apply to a suit affecting the
267	267	parent-child relationship pending in a trial court on or filed on or
268	268	after the effective date of this Act.
269	269	SECTION 6. Chapter 112, Family Code, as added by this Act,
270	270	applies only to a suit affecting the parent-child relationship that
271	271	is filed on or after the effective date of this Act. A suit filed
272	272	before the effective date of this Act is governed by the law in
273	273	effect on the date the suit is filed, and the former law is
274	274	continued in effect for that purpose.
275	275	SECTION 7. This Act takes effect September 1, 2021.