bill turning may into shall on protective order privacy

The text as introduced · 579 words

89R2198 AMF-F

By: Zaffirini
S.B. No. 1807

A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of certain personal information of

an applicant for or a person protected by a protective order.

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

SECTION 1. Section 82.011, Family Code, is amended to read

as follows:

Sec. 82.011. CONFIDENTIALITY OF CERTAIN INFORMATION. On

request by an applicant, the court shall [ may ] protect the

applicant's mailing address and county of residence by rendering an

order:

(1) requiring the applicant to:

(A) disclose the applicant's mailing address and

county of residence to the court;

(B) designate a person to receive on behalf of

the applicant any notice or documents filed with the court related

to the application; and

(C) disclose the designated person's mailing

address to the court;

(2) requiring the court clerk to:

(A) strike the applicant's mailing address and

county of residence from the public records of the court, if

applicable; and

(B) maintain a confidential record of the

applicant's mailing address and county of residence for use only by

the court; and

(3) prohibiting the release of the information to the

respondent.

SECTION 2. Section 85.007, Family Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) On request by a person protected by an order or an adult

member of the family or household of a person protected by an order,

the court shall [ may ] exclude from a protective order:

(1) the address, county of residence, and telephone

number of a person protected by the order; or

(2) the address and telephone number of:

(A) the place of employment or business of a

person protected by the order; or

(B) the child-care facility or school a child

protected by the order attends or in which the child resides.

(a-1) In a hearing on an application for a protective order,

the court shall inform each person described by Subsection (a) who

is present at the hearing of the person's right, on request, to have

information described by that subsection excluded from the

protective order and specifically ask the person if the person

wishes the court to exclude that information from the protective

order.

SECTION 3. Section 87.004, Family Code, is amended by

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

(a-1) On request by a person protected by an order, the

court shall keep confidential the changed address or telephone

number in the notification described by Subsection (a). On

granting a request for confidentiality under this subsection, the

court shall order the clerk to maintain a confidential record of the

information as described by Section 85.007(b)(2) and exclude that

information from the notification. If the applicant seeks to keep

confidential the applicant's mailing address, the applicant must:

(1) disclose the applicant's mailing address and

county of residence to the court;

(2) designate a person to receive on behalf of the

applicant any notice or documents filed with the court related to

the order; and

(3) disclose the designated person's mailing address

to the court.

SECTION 4. The change in law made by this Act applies to an

application for a protective order that is pending on or filed on or

after the effective date of this Act or a notification of change of

address or telephone number that is filed on or after the effective

date of this Act.

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