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