BILL ANALYSIS H.B. 809 By: Thompson Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that, in response to the COVID-19 pandemic, the judicial system adapted to the need for some virtual legal services where appropriate, including with respect to the use of digital signatures on certain court documents. The bill author also informed the committee that, while these adaptations have made significant strides toward modernizing the legal practice in Texas, it is unclear why digitally signing the judicial waiver of service for cases involving the dissolution of marriage remains prohibited when technology is available to securely process electronic documents and statute requires verification of a person signing through notarization. H.B. 809 seeks to improve inefficiencies in these cases by removing the prohibition against a party to a suit for the dissolution of a marriage executing a waiver of citation using a digitized signature. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 809 amends the Family Code to authorize a party to a suit for the dissolution of a marriage who executes a waiver of citation to use a digitized signature to sign the waiver. The bill removes the current prohibition against such use of a digitized signature. H.B. 809 amends the Government Code to establish that in a proceeding filed under Family Code provisions relating to the marriage relationship, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath. H.B. 809 applies to a waiver of citation executed in a suit for dissolution of a marriage that is pending in a trial court on the bill's effective date or that is filed on or after that date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 809
By: Thompson
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 809
By: Thompson
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that, in response to the COVID-19 pandemic, the judicial system adapted to the need for some virtual legal services where appropriate, including with respect to the use of digital signatures on certain court documents. The bill author also informed the committee that, while these adaptations have made significant strides toward modernizing the legal practice in Texas, it is unclear why digitally signing the judicial waiver of service for cases involving the dissolution of marriage remains prohibited when technology is available to securely process electronic documents and statute requires verification of a person signing through notarization. H.B. 809 seeks to improve inefficiencies in these cases by removing the prohibition against a party to a suit for the dissolution of a marriage executing a waiver of citation using a digitized signature.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 809 amends the Family Code to authorize a party to a suit for the dissolution of a marriage who executes a waiver of citation to use a digitized signature to sign the waiver. The bill removes the current prohibition against such use of a digitized signature. H.B. 809 amends the Government Code to establish that in a proceeding filed under Family Code provisions relating to the marriage relationship, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath. H.B. 809 applies to a waiver of citation executed in a suit for dissolution of a marriage that is pending in a trial court on the bill's effective date or that is filed on or after that date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that, in response to the COVID-19 pandemic, the judicial system adapted to the need for some virtual legal services where appropriate, including with respect to the use of digital signatures on certain court documents. The bill author also informed the committee that, while these adaptations have made significant strides toward modernizing the legal practice in Texas, it is unclear why digitally signing the judicial waiver of service for cases involving the dissolution of marriage remains prohibited when technology is available to securely process electronic documents and statute requires verification of a person signing through notarization. H.B. 809 seeks to improve inefficiencies in these cases by removing the prohibition against a party to a suit for the dissolution of a marriage executing a waiver of citation using a digitized signature.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 809 amends the Family Code to authorize a party to a suit for the dissolution of a marriage who executes a waiver of citation to use a digitized signature to sign the waiver. The bill removes the current prohibition against such use of a digitized signature.
H.B. 809 amends the Government Code to establish that in a proceeding filed under Family Code provisions relating to the marriage relationship, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.
H.B. 809 applies to a waiver of citation executed in a suit for dissolution of a marriage that is pending in a trial court on the bill's effective date or that is filed on or after that date.
EFFECTIVE DATE
September 1, 2025.