Texas House Bill HB809

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of House Committee: 4/23/25
• Voted on by House: 5/2/25

Caption

Relating to the execution of a waiver of citation by digitized signature in a suit for the dissolution of a marriage.

Impact

The change brought about by HB 809 is expected to enhance the efficiency of family court procedures by facilitating quicker and more convenient filing methods for divorce proceedings. By allowing a waiver of citation to be signed electronically, couples engaged in divorce can manage their applications without the need for in-person meetings with legal professionals, which can be particularly beneficial during times of crisis or for those with mobility issues. Nevertheless, it raises considerations about the security and verification of digitized signatures in legal contexts.

Summary

House Bill 809 seeks to modernize the legal process involved in the dissolution of marriages by allowing for the execution of a waiver of citation using a digitized signature. This bill amends sections of the Family Code and Government Code to explicitly permit the use of electronic signatures in situations that require notarization or acknowledgment. The intent behind this legislation is to streamline legal proceedings and make divorce processes more accessible, particularly as society increasingly moves towards digital solutions.

Sentiment

The sentiment surrounding HB 809 appears to be largely positive, with many stakeholders acknowledging the need for modernization in the legal system. Supporters view the bill as a necessary adaptation to current technological advancements, which can alleviate some of the burdens associated with traditional divorce procedures. However, there are concerns from some quarters regarding the potential for misuse or lack of comprehensive authentication processes that might undermine the integrity of legal documents.

Contention

While there is broad support for simplifying divorce proceedings through the use of digitized signatures, the bill has faced questions about the implications for the notarization process. Critics argue that moving towards electronic notarization could introduce vulnerabilities, as the effectiveness of digital signatures often relies heavily on technology and proper verification mechanisms. This contention reflects a broader debate within legislative circles about balancing innovation with the safeguarding of legal standards.

Texas Constitutional Statutes Affected

Family Code

• Chapter 6. Suit For Dissolution Of Marriage
  • Section: 4035
  • Section: 4035
  • Section: 4035
  • Section: 4035

Government Code

• Chapter 406. Notary Public; Commissioner Of Deeds
  • Section: 026
  • Section: 026
  • Section: 026
  • Section: 026