| |
| |
|
|
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. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 105.006(c), Family Code, is amended 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 omit the information from the final order and: |
|
|
(1) order the information not to be disclosed to |
|
|
another party; or |
|
|
(2) render any other order the court considers |
|
|
necessary. |
|
|
SECTION 2. 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) 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. |
|
|
Sec. 112.002. REQUEST FOR DISCLOSURE. (a) A party who |
|
|
files any pleading seeking relief, including contempt, with respect |
|
|
to a final order under Section 105.006 against a party whose |
|
|
information is subject to an order of nondisclosure under Section |
|
|
105.006(c) may request disclosure of the other party's information |
|
|
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 provide to a person authorized to serve process under this |
|
|
chapter a written copy of the current residence address of the party |
|
|
whose information is subject to an order of nondisclosure under |
|
|
Section 105.006(c). |
|
|
(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. |
|
|
Notwithstanding any other law, a party to the suit or other filing |
|
|
is not authorized to serve process under this chapter. |
|
|
Sec. 112.005. 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 statement satisfies the requirement of Rule |
|
|
107(b)(6), Texas Rules of Civil Procedure. |
|
|
(b) The person who serves process must 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. 112.006. 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 3. The change in law made by this Act to Section |
|
|
105.006(c), Family Code, applies 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 4. 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 5. This Act takes effect September 1, 2019. |