Bill Text: TX HB733 | 2013-2014 | 83rd Legislature | Introduced
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-18 - Referred to Judiciary & Civil Jurisprudence [HB733 Detail]
Download: Texas-2013-HB733-Introduced.html
83R1810 JSC-D | ||
By: Raymond | H.B. No. 733 |
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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 [ |
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(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 [ |
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(c) On request by an obligee, the court may exclude from an | ||
order of withholding the obligee's address [ |
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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 [ |
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required by Subsection (a) from the order or writ of withholding; | ||
and | ||
(2) maintain a confidential record of the obligee's | ||
address [ |
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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 [ |
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number of each party to the suit, including the child, except that | ||
the child's [ |
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not required if the child has not been assigned a [ |
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(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[ |
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[ |
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(A) [ |
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(B) [ |
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order; | ||
(2) includes, with respect to the [ |
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[ |
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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;[ |
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(B) an express authorization for the parties to | ||
use an alternate method acceptable to the public retirement system | ||
to verify the social security number[ |
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each alternate payee covered by the order; | ||
(3) [ |
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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) [ |
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the period to which such order applies; | ||
(5) [ |
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a designated public retirement system; | ||
(6) [ |
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system to provide any type or form of benefit or any option not | ||
otherwise provided under the plan; | ||
(7) [ |
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system to provide increased benefits determined on the basis of | ||
actuarial value; | ||
(8) [ |
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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) [ |
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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. |