Bill Text: TX SB814 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to waivers of citation in certain family law suits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-05-28 - Effective on 9/1/15 [SB814 Detail]

Download: Texas-2015-SB814-Enrolled.html
 
 
  S.B. No. 814
 
 
 
 
AN ACT
  relating to waivers of citation in certain family law suits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 6.4035, Family Code, is amended by
  amending Subsection (c) and adding Subsections (e) and (f) to read
  as follows:
         (c)  Notwithstanding Section 132.001, Civil Practice and
  Remedies Code, the waiver must be sworn before a notary public who
  is not an attorney in the suit. This subsection does not apply if
  the party executing the waiver is incarcerated.
         (e)  The party executing the waiver may not sign the waiver
  using a digitized signature.
         (f)  For purposes of this section, "digitized signature" has
  the meaning assigned by Section 101.0096.
         SECTION 2.  Chapter 31, Family Code, is amended by adding
  Section 31.008 to read as follows:
         Sec. 31.008.  WAIVER OF CITATION. (a)  A party to a suit
  under this chapter may waive the issuance or service of citation
  after the suit is filed by filing with the clerk of the court in
  which the suit is filed the waiver of the party acknowledging
  receipt of a copy of the filed petition.
         (b)  The party executing the waiver may not sign the waiver
  using a digitized signature. 
         (c)  The waiver must contain the mailing address of the party
  executing the waiver.
         (d)  Notwithstanding Section 132.001, Civil Practice and
  Remedies Code, the waiver must be sworn before a notary public who
  is not an attorney in the suit.  This subsection does not apply if
  the party executing the waiver is incarcerated.
         (e)  The Texas Rules of Civil Procedure do not apply to a
  waiver executed under this section.
         (f)  For purposes of this section, "digitized signature" has
  the meaning assigned by Section 101.0096. 
         SECTION 3.  Subchapter A, Chapter 45, Family Code, is
  amended by adding Section 45.0031 to read as follows:
         Sec. 45.0031.  WAIVER OF CITATION. (a)  A party to a suit
  under this subchapter may waive the issuance or service of citation
  after the suit is filed by filing with the clerk of the court in
  which the suit is filed the waiver of the party acknowledging
  receipt of a copy of the filed petition.
         (b)  The party executing the waiver may not sign the waiver
  using a digitized signature. 
         (c)  The waiver must contain the mailing address of the party
  executing the waiver.
         (d)  Notwithstanding Section 132.001, Civil Practice and
  Remedies Code, the waiver must be sworn before a notary public who
  is not an attorney in the suit.  This subsection does not apply if
  the party executing the waiver is incarcerated.
         (e)  The Texas Rules of Civil Procedure do not apply to a
  waiver executed under this section.
         (f)  For purposes of this section, "digitized signature" has
  the meaning assigned by Section 101.0096.
         SECTION 4.  Subchapter B, Chapter 45, Family Code, is
  amended by adding Section 45.107 to read as follows:
         Sec. 45.107.  WAIVER OF CITATION. (a)  A party to a suit
  under this subchapter may waive the issuance or service of citation
  after the suit is filed by filing with the clerk of the court in
  which the suit is filed the waiver of the party acknowledging
  receipt of a copy of the filed petition.
         (b)  The party executing the waiver may not sign the waiver
  using a digitized signature. 
         (c)  The waiver must contain the mailing address of the party
  executing the waiver.
         (d)  Notwithstanding Section 132.001, Civil Practice and
  Remedies Code, the waiver must be sworn before a notary public who
  is not an attorney in the suit.  This subsection does not apply if
  the party executing the waiver is incarcerated.
         (e)  The Texas Rules of Civil Procedure do not apply to a
  waiver executed under this section.
         (f)  For purposes of this section, "digitized signature" has
  the meaning assigned by Section 101.0096.
         SECTION 5.  Chapter 102, Family Code, is amended by adding
  Section 102.0091 to read as follows:
         Sec. 102.0091.  WAIVER OF CITATION. (a)  A party to a suit
  under this title may waive the issuance or service of citation after
  the suit is filed by filing with the clerk of the court in which the
  suit is filed the waiver of the party acknowledging receipt of a
  copy of the filed petition.
         (b)  The party executing the waiver may not sign the waiver
  using a digitized signature. 
         (c)  The waiver must contain the mailing address of the party
  executing the waiver.
         (d)  Notwithstanding Section 132.001, Civil Practice and
  Remedies Code, the waiver must be sworn before a notary public who
  is not an attorney in the suit.  This subsection does not apply if
  the party executing the waiver is incarcerated.
         (e)  The Texas Rules of Civil Procedure do not apply to a
  waiver executed under this section.
         SECTION 6.  The changes in law made by this Act apply only to
  a suit that is commenced on or after the effective date of this Act.  
  A suit that is commenced before that date is governed by the law as
  it existed on the date the suit was commenced, and the former law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 814 passed the Senate on
  April 9, 2015, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 814 passed the House on
  May 15, 2015, by the following vote:  Yeas 136, Nays 3, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
feedback