Bill Text: TX HB733 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to certain personal information included in a decree of dissolution of a marriage, a qualified domestic relations order, an order or writ of withholding, or an order in a suit affecting the parent-child relationship.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-02-18 - Referred to Judiciary & Civil Jurisprudence [HB733 Detail]

Download: Texas-2013-HB733-Introduced.html

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83R1810 JSC-D
By: Raymond H.B. No. 733

A BILL TO BE ENTITLED
AN ACT
relating to certain personal information included in a decree of
dissolution of a marriage, a qualified domestic relations order, an
order or writ of withholding, or an order in a suit affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 6, Family Code, is amended
by adding Section 6.712 to read as follows:
Sec. 6.712. PERSONAL INFORMATION IN DECREE. (a) In this
section, "personal information" means:
(1) an individual's social security number;
(2) an individual's bank account number and similar
financial information; and
(3) the name and birth date of each child of an
individual.
(b) A final decree of dissolution of a marriage, and any
modification of the decree, may not include personal information
with regard to any party to the decree. Any personal information
that is required by this title or any other law to be included in the
decree or modification must be listed in a separate document titled
"CONFIDENTIAL DATA PAGE" in bold type.
(c) The separate document described by Subsection (b) must
include the cause number and style of the proceeding.
(d) The personal information in the separate document
described by Subsection (b) is confidential and may be disclosed
only to:
(1) a party to the proceeding or an attorney for a
party to the proceeding;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order;
(3) a plan administrator for a qualified plan under
Section 401(a), Internal Revenue Code of 1986, in connection with
the handling and administration of a proposed or approved qualified
domestic relations order if a party to the proceeding is:
(A) a current or former member of the qualified
plan;
(B) currently receiving a benefit from the
qualified plan, including as an alternate payee;
(C) identified by plan records as a beneficiary
under the qualified plan; or
(D) a claimant for distribution of benefits,
including as an alternate payee, from the qualified plan through
the submission of a qualified domestic relations order;
(4) a private investigator licensed under Chapter
1702, Occupations Code; or
(5) another person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(e) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
SECTION 2. Sections 8.152(a) and (c), Family Code, are
amended to read as follows:
(a) An order of withholding must state:
(1) the style, cause number, and court having
jurisdiction to enforce the order;
(2) the name and [,] address[, and, if available, the
social security number] of the obligor;
(3) the amount and duration of the spousal maintenance
payments, including the amount and duration of withholding for
arrearages, if any; and
(4) the name and [,] address[, and, if available, the
social security number] of the obligee.
(c) On request by an obligee, the court may exclude from an
order of withholding the obligee's address [and social security
number] if the obligee or a member of the obligee's family or
household is a victim of family violence and is the subject of a
protective order to which the obligor is also subject. On granting
a request under this subsection, the court shall order the clerk to:
(1) strike the address [and social security number]
required by Subsection (a) from the order or writ of withholding;
and
(2) maintain a confidential record of the obligee's
address [and social security number] to be used only by the court.
SECTION 3. Subchapter D, Chapter 8, Family Code, is amended
by adding Section 8.1525 to read as follows:
Sec. 8.1525. PERSONAL INFORMATION IN ORDERS OR WRITS OF
WITHHOLDING. (a) In this section, "personal information" means:
(1) an individual's social security number;
(2) an individual's bank account number and similar
financial information; and
(3) the name and birth date of each child of an
individual.
(b) An order or writ of withholding may not include personal
information with regard to any party to the proceeding. Any
personal information that is required by this title or any other law
to be included in the order or writ must be listed in a separate
document titled "CONFIDENTIAL DATA PAGE" in bold type.
(c) The separate document described by Subsection (b) must
include the cause number and style of the proceeding.
(d) The personal information in the separate document
described by Subsection (b) is confidential and may be disclosed
only to:
(1) a party to the proceeding or an attorney for a
party to the proceeding;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order;
(3) the obligor's employer; or
(4) another person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(e) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
(f) On request by an obligee, the court may exclude from the
confidential data page the obligee's social security number if the
obligee or a member of the obligee's family or household is a victim
of family violence and is the subject of a protective order to which
the obligor is also subject. On granting a request under this
subsection, the court shall order the clerk to:
(1) strike the social security number of the obligee
from the confidential data page; and
(2) maintain a confidential record of the obligee's
social security number to be used only by the court.
SECTION 4. Subchapter B, Chapter 9, Family Code, is amended
by adding Section 9.1025 to read as follows:
Sec. 9.1025. PERSONAL INFORMATION IN QUALIFIED DOMESTIC
RELATIONS ORDERS. (a) In this section, "personal information"
means:
(1) an individual's social security number;
(2) an individual's bank account number and similar
financial information; and
(3) the name and birth date of each child of an
individual.
(b) A qualified domestic relations order may not include
personal information with regard to any party to the proceeding.
Except as otherwise provided by Section 804.003(f)(2)(B),
Government Code, any personal information that is required by this
title or any other law to be included in the order must be listed in
a separate document titled "CONFIDENTIAL DATA PAGE" in bold type.
(c) The separate document described by Subsection (b) must
include the cause number and style of the proceeding.
(d) The personal information in the separate document
described by Subsection (b) is confidential and may be disclosed
only to:
(1) a party to the proceeding or an attorney for a
party to the proceeding;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order;
(3) a plan administrator for a qualified plan under
Section 401(a), Internal Revenue Code of 1986, in connection with
the handling and administration of the proposed or approved
qualified domestic relations order if a party to the proceeding is:
(A) a current or former member of the qualified
plan;
(B) currently receiving a benefit from the
qualified plan, including as an alternate payee;
(C) identified by plan records as a beneficiary
under the qualified plan; or
(D) a claimant for distribution of benefits,
including as an alternate payee, from the qualified plan through
the submission of a qualified domestic relations order; or
(4) another person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(e) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
(f) On request by an alternate payee covered by the order,
the court may exclude from the confidential data page the payee's
social security number if the payee or a member of the payee's
family or household is a victim of family violence and is the
subject of a protective order to which the member or retiree is also
subject. On granting a request under this subsection, the court
shall order the clerk to:
(1) strike the social security number of the payee
from the confidential data page; and
(2) maintain a confidential record of the payee's
social security number to be used only by the court.
SECTION 5. Section 105.006(a), Family Code, is amended to
read as follows:
(a) A final order, other than in a proceeding under Chapter
161 or 162, must contain:
(1) the [social security number and] driver's license
number of each party to the suit, including the child, except that
the child's [social security number or] driver's license number is
not required if the child has not been assigned a [social security
number or] driver's license number; and
(2) each party's current residence address, mailing
address, home telephone number, name of employer, address of
employment, and work telephone number, except as provided by
Subsection (c).
SECTION 6. Chapter 105, Family Code, is amended by adding
Section 105.010 to read as follows:
Sec. 105.010. PERSONAL INFORMATION IN CERTAIN ORDERS. (a)
In this section, "personal information" means:
(1) an individual's social security number;
(2) an individual's bank account number and similar
financial information; and
(3) the name and birth date of each child of an
individual.
(b) An order in a suit affecting the parent-child
relationship may not include personal information with regard to
any party to the suit. Any personal information that is required by
this title or any other law to be included in the order must be
listed in a separate document titled "CONFIDENTIAL DATA PAGE" in
bold type.
(c) The separate document described by Subsection (b) must
include the cause number and style of the proceeding.
(d) The personal information in the separate document
described by Subsection (b) is confidential and may be disclosed
only to:
(1) a party to the suit or an attorney for a party to
the suit;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order; or
(3) another person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(e) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
(f) On request by a party to the suit, the court may exclude
from the confidential data page the party's social security number
if the party or a member of the party's family or household is a
victim of family violence and is the subject of a protective order
to which another party to the suit is also subject. On granting a
request under this subsection, the court shall order the clerk to:
(1) strike the social security number of the
requesting party from the confidential data page; and
(2) maintain a confidential record of the requesting
party's social security number to be used only by the court.
SECTION 7. Subchapter B, Chapter 158, Family Code, is
amended by adding Section 158.1035 to read as follows:
Sec. 158.1035. PERSONAL INFORMATION IN ORDERS OR WRITS OF
WITHHOLDING. (a) In this section, "personal information" means:
(1) an individual's social security number;
(2) an individual's bank account number and similar
financial information; and
(3) the name and birth date of each child of an
individual.
(b) An order or writ of withholding may not include personal
information with regard to any party to the suit. Any personal
information that is required by this title or any other law to be
included in the order or writ must be listed in a separate document
titled "CONFIDENTIAL DATA PAGE" in bold type.
(c) The separate document described by Subsection (b) must
include the cause number and style of the proceeding.
(d) The personal information in the separate document
described by Subsection (b) is confidential and may be disclosed
only to:
(1) a party to the suit or an attorney for a party to
the suit;
(2) a law enforcement agency, the Title IV-D agency,
or another governmental entity conducting a criminal investigation
or establishing or enforcing a child support order;
(3) the obligor's employer; or
(4) another person authorized to obtain the
information by a court order that includes a finding of good cause
for disclosing the information to that person.
(e) This section does not require a court to grant access to
confidential personal information if access is restricted by other
law.
(f) On request by an obligee, the court may exclude from the
confidential data page the obligee's social security number if the
obligee or a member of the obligee's family or household is a victim
of family violence and is the subject of a protective order to which
the obligor is also subject. On granting a request under this
subsection, the court shall order the clerk to:
(1) strike the social security number of the obligee
from the confidential data page; and
(2) maintain a confidential record of the obligee's
social security number to be used only by the court.
SECTION 8. Section 804.003(f), Government Code, is amended
to read as follows:
(f) A domestic relations order is a qualified domestic
relations order only if such order:
(1) clearly specifies the[:
[(A)] name and last known mailing address of:
(A) [(i)] the member or retiree; and
(B) [(ii)] each alternate payee covered by the
order;
(2) includes, with respect to the [and
[(B)] social security number of the member or
retiree and each alternate payee covered by the order:
(A) a confidential data page as provided by
Section 9.1025, Family Code, that contains those social security
numbers;[,] or
(B) an express authorization for the parties to
use an alternate method acceptable to the public retirement system
to verify the social security number[,] of the member or retiree and
each alternate payee covered by the order;
(3) [(2)] clearly specifies the amount or percentage
of the member's or retiree's benefits to be paid by a public
retirement system to each such alternate payee or the manner in
which such amount or percentage is to be determined;
(4) [(3)] clearly specifies the number of payments or
the period to which such order applies;
(5) [(4)] clearly specifies that such order applies to
a designated public retirement system;
(6) [(5)] does not require the public retirement
system to provide any type or form of benefit or any option not
otherwise provided under the plan;
(7) [(6)] does not require the public retirement
system to provide increased benefits determined on the basis of
actuarial value;
(8) [(7)] does not require the payment of benefits to
an alternate payee which are required to be paid to another
alternate payee under another order previously determined to be a
qualified domestic relations order; and
(9) [(8)] does not require the payment of benefits to
an alternate payee before the retirement of a member, the
distribution of a withdrawal of contributions to a member, or other
distribution to a member required by law.
SECTION 9. The changes in law made by this Act apply only to
a decree of dissolution of a marriage, qualified domestic relations
order, order or writ of withholding, or order in a suit affecting
the parent-child relationship that is rendered or issued on or
after the effective date of this Act. A decree, order, or writ
rendered or issued before the effective date of this Act is governed
by the law in effect on the date the decree, order, or writ was
rendered or issued, and the former law is continued in effect for
that purpose.
SECTION 10. This Act takes effect September 1, 2013.