bill letting family courts serve notice by e-mail

The text as introduced · 413 words

By: Dutton
H.B. No. 4035

A BILL TO BE ENTITLED

AN ACT

relating to requirements for certain orders and judgments rendered

in a suit affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 105.006, Family Code, is amended by

adding Subsections (c-1) and (i) and amending Subsection (f) to

read as follows:

(c-1) If a court renders an order under Subsection (c)

prohibiting the disclosure of a party's information, the court

shall require that the party provide to the court, for inclusion in

the final order, an e-mail address at which the party may receive:

(1) notice and service of process of subsequent

motions, petitions, or other legal pleadings using the electronic

filing system established under Section 72.031, Government Code;

and

(2) other legal documents or required notices.

(f) Except for an action in which contempt is sought, in any

subsequent child support modification or enforcement action, the

court may, on a showing that diligent effort has been made to

determine the location of a party, consider due process

requirements for notice and service of process to be met with

respect to that party on delivery of written notice to the most

recent residence address, e-mail address, or address of employment

filed by that party with the court and the state case registry.

(i) The clerk may send orders, notices, and other documents

relating to a final order to which this section applies to the

e-mail address provided by a party under this section using the

electronic filing system established under Section 72.031,

Government Code.

SECTION 2. Section 106.002, Family Code, is amended by

adding Subsection (c) to read as follows:

(c) In rendering a judgment for attorney's fees or expenses

under this section, the court shall render the judgment separate

from any judgment confirming the amount of arrearages under Section

157.263.

SECTION 3. Section 157.167, Family Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) In rendering a judgment for attorney's fees and court

costs under Subsection (a), the court shall render the judgment

separate from any judgment confirming the amount of arrearages

under Section 157.263.

SECTION 4. The changes in law made by this Act apply to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.