87R735 EAS-F
By: Thompson of Harris H.B. No. 866
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; providing a punishment for contempt of court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.006, Family Code, is amended by
amending Subsections (c), (e), and (f) and adding Subsections
(c-1), (c-2), (c-3), and (c-4) 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 render a final order omitting the information
required by this section and may:
(1) order the information not to be disclosed to
another party; or
(2) render any other order the court considers
necessary.
(c-1) If a court renders an order under Subsection (c), the
court shall:
(1) require the party with respect to whom information
is omitted under the final order to designate:
(A) a substitute post office box address that the
party may use in place of that party's true residential, business,
or school address; and
(B) an individual at that post office box address
to act as agent to receive service of process and mail on the
protected party's behalf;
(2) inform the party of the party's right to designate
the attorney general as the party's agent to receive service of
process and mail on behalf of the party through the address
confidentiality program created by Article 56.82, Code of Criminal
Procedure, and provide the party with information regarding that
program; and
(3) if the party chooses to participate in the address
confidentiality program described by Subdivision (2), provide the
party with the application for the program.
(c-2) The substitute address and name of the individual
acting as the party's agent or the designation of the attorney
general as the party's agent must be contained in the final order.
(c-3) If a party designates a substitute address and an
individual to act as the party's agent, any summons, writ, notice,
demand, or process in a matter arising under Title 1 or Title 5 may
be served on the designated individual in accordance with the Texas
Rules of Civil Procedure.
(c-4) If a party designates the attorney general as the
party's agent, any summons, writ, notice, demand, or process in a
matter arising under Title 1 or Title 5 may be served on the
attorney general in accordance with Article 56.82, Code of Criminal
Procedure.
(e) Except as provided by Subsection (c), an order in a suit
that orders child support or possession of or access to a child must
also contain the following prominently displayed statement in
boldfaced type, in capital letters, or underlined:
"UNLESS THE COURT HAS ORDERED A PARTY TO DESIGNATE A
SUBSTITUTE ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE
SERVICE OF PROCESS, EACH PERSON WHO IS A PARTY TO THIS ORDER IS
ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS,
MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS
OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER.
THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF
THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE
STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED
CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE
CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS
ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY
AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE."
"IF THE COURT HAS ORDERED A PARTY TO DESIGNATE A SUBSTITUTE
ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE SERVICE OF
PROCESS, THE PARTY IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT,
AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S DESIGNATED
SUBSTITUTE ADDRESS OR AGENT, INCLUDING THE PARTY DESIGNATING OR
CEASING TO DESIGNATE THE ATTORNEY GENERAL AS THE PARTY'S AGENT
THROUGH THE ADDRESS CONFIDENTIALITY PROGRAM CREATED BY ARTICLE
56.82, CODE OF CRIMINAL PROCEDURE."
"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
THE COURT, AND THE STATE CASE REGISTRY AND TO NOTIFY EACH OTHER
PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE
REGARDING A DESIGNATED SUBSTITUTE ADDRESS OR AGENT CONTINUES AS
LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION
TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A
CHILD."
"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. IF
APPLICABLE, FAILURE BY A PARTY TO NOTIFY EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S
DESIGNATED SUBSTITUTE ADDRESS OR AGENT MAY RESULT IN A DEFAULT
JUDGMENT."
(f) Except for an action in which contempt is sought, in any
subsequent child support enforcement action, the court may:
(1)[,] on a showing that diligent effort has been made
to determine the location of a party, consider due process
requirements for notice and service of process to be met with
respect to that party on delivery of written notice to the most
recent residential or employer address filed by that party with the
court and the state case registry; or
(2) on a showing that diligent effort has been made to
determine the location of a party who is subject to an order
rendered under Subsection (c), consider due process requirements
for notice and service of process to be met with respect to that
party on delivery of written notice to the most recent substitute
address designated by the party.
SECTION 2. Section 105.007, Family Code, is amended to read
as follows:
Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
CHANGE OF REQUIRED INFORMATION. (a) Except for a suit in which an
order is rendered under Subsection (c), a [A] party shall comply
with the order by giving written notice to each other party of an
intended change in the party's current residence address, mailing
address, home telephone number, name of employer, address of
employment, and work telephone number.
(b) Except for a suit in which an order is rendered under
Subsection (c), the [The] party must give written notice by
registered or certified mail of an intended change in the required
information to each other party on or before the 60th day before the
change is made. If the party does not know or could not have known of
the change in sufficient time to provide 60-day notice, the party
shall provide the written notice of the change on or before the
fifth day after the date that the party knew of the change.
(c) A party who has been ordered under Section 105.006(c) to
designate a substitute address and an individual to act as an agent
to receive service of process on the party's behalf, including a
party who has designated the attorney general as the party's agent
through the address confidentiality program created by Article
56.82, Code of Criminal Procedure, must give written notice of a
change in either the substituted address or the designated agent by
registered or certified mail on or before the 60th day before the
change is made. If the party does not know or could not have known of
the change in sufficient time to provide the 60-day notice, the
party shall provide the written notice of the change on or before
the fifth day after the date the party knew of the change [The court
may waive the notice required by this section on motion by a party
if it finds that the giving of notice of a change of the required
information would be likely to expose the child or the party to
harassment, abuse, serious harm, or injury].
SECTION 3. 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) rendered before
September 1, 2021, 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. A person who is found in
contempt of court is subject to:
(1) incarceration in the county jail for a period of
not less than three days; and
(2) a fine of not less than $200 for each instance of
contempt.
Sec. 112.002. REQUEST FOR DISCLOSURE. (a) A party who
files any pleading seeking relief, including contempt, with respect
to any matter arising under this title or Title 4 against a party
whose information is subject to an order of nondisclosure under
Section 105.006(c) rendered before September 1, 2021, may request
disclosure of the other party's information to the clerk of the
court and 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 send a request to the state case registry for the disclosure
of the current residence address of the party whose information is
subject to an order of nondisclosure under Section 105.006(c). The
state case registry shall provide the requested information in
writing to the clerk of the court not later than the 10th day after
the date the state case registry receives the request. On
disclosure of the address by the state case registry, the clerk of
the court shall provide the information in writing to a person
authorized to serve process under this chapter.
(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. Unless
otherwise authorized by written court order, only a sheriff or
constable may serve process under this chapter.
Sec. 112.005. NOTICE SENT BY CLERK. Before or at the time
the citation is issued, the clerk of the court must give notice to
the party identified in the citation at the provided address that
states the style and cause number of the case. The notice must
contain the following prominently displayed statement in boldfaced
type, in capital letters, or underlined:
"YOUR ADDRESS HAS BEEN WITHHELD FROM DISCLOSURE FROM A PARTY
IN THE CAUSE NUMBER ABOVE. A CITATION HAS BEEN ISSUED TO GIVE YOU
NOTICE THAT A SUIT HAS BEEN FILED. YOUR ADDRESS HAS BEEN PROVIDED
TO A PERSON AUTHORIZED TO SERVE CITATION. YOUR ADDRESS HAS NOT BEEN
DISCLOSED TO ANY OTHER PARTIES. A DISCLOSURE OF YOUR INFORMATION BY
THE PERSON AUTHORIZED TO SERVE CITATION MAY RESULT IN THAT PERSON
BEING HELD IN CONTEMPT OF COURT."
Sec. 112.006. 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 above statement satisfies the requirement of Rule
107(b)(6), Texas Rules of Civil Procedure. The return may not state
the physical location where process was served.
(b) The person who serves process shall 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. 112.007. 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 4. Section 234.012, Family Code, is amended to read
as follows:
Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE
REGISTRY. (a) Unless prohibited by a court in accordance with
Section 105.006(c), the state case registry shall, on request and
to the extent permitted by federal law, provide the information
required under Sections 105.006 and 105.008 in any case included in
the registry under Section 234.001(b) to:
(1) any party to the proceeding;
(2) an amicus attorney;
(3) an attorney ad litem;
(4) a friend of the court;
(5) a guardian ad litem;
(6) a domestic relations office;
(7) a prosecuting attorney or juvenile court acting in
a proceeding under Title 3; or
(8) a governmental entity or court acting in a
proceeding under Chapter 262.
(b) Notwithstanding Subsection (a), the state case registry
shall release information that was subject to an order of
nondisclosure under Section 105.006(c) as necessary to respond to a
request of a clerk of court made in accordance with Chapter 112.
The state case registry shall release the information not later
than the 10th day after the date the state case registry receives
the request.
SECTION 5. The changes in law made by this Act to Sections
105.006 and 105.007, Family Code, apply 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 6. 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 7. This Act takes effect September 1, 2021.