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