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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in certain civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Sections 30.019 and 30.020 to read as follows: |
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Sec. 30.019. STANDARDIZED FORMS. (a) In this section, |
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"standardized form" means a form promulgated by the supreme court |
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under Section 22.003, Government Code, for use in a civil action in |
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a trial court of this state, including a petition or answer, notice, |
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motion, proposed order, or other pleading. The term includes any |
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instructions promulgated for use with the form. |
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(b) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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(c) A court may not grant relief or enter an order using or |
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relying on a standardized form that does not comply with |
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substantive or procedural law. |
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(d) A standardized form may not be used for a purpose other |
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than the purpose stated in the order approving the standardized |
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form. |
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(e) A court may not accept a standardized form that is: |
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(1) prepared in a manner inconsistent with the |
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instructions promulgated for use with the form; or |
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(2) submitted for a use other than the use authorized |
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by the order adopting the standardized form. |
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(f) The clerk of a court may not complete, assist in |
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completing, or advise a party concerning the completion of a |
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standardized form. |
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(g) This section does not apply to a standardized form used |
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in an action to seek or enforce a protective order under Title 4, |
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Family Code. |
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Sec. 30.020. SELF-REPRESENTED LITIGATION. (a) In this |
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section, "self-represented litigant" means a party to a civil |
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action who is not represented by an attorney. |
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(b) Except as otherwise provided by law or a court order: |
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(1) a party is not required to be represented by an |
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attorney in a civil action; and |
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(2) a self-represented litigant is subject to the same |
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substantive and procedural law as a person who is represented by an |
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attorney. |
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SECTION 2. Section 7.003, Family Code, is amended to read as |
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follows: |
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Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT |
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BENEFITS AND OTHER PLANS. (a) In a decree of divorce or annulment, |
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the court shall determine the rights of both spouses in a pension, |
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retirement plan, annuity, individual retirement account, employee |
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stock option plan, stock option, or other form of savings, bonus, |
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profit-sharing, or other employer plan or financial plan of an |
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employee or a participant, regardless of whether the person is |
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self-employed, in the nature of compensation or savings. |
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(b) In a suit for dissolution of a marriage in which either |
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spouse is a self-represented litigant, as defined by Section |
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30.020, Civil Practice and Remedies Code, and files any |
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standardized form, as defined by Section 30.019, Civil Practice and |
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Remedies Code, the court may not enter a decree of divorce or |
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annulment until each spouse: |
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(1) discloses to the court and to the other spouse the |
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existence, nature, and value of a pension, plan, or other account |
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described by Subsection (a); or |
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(2) swears that the spouse does not own or have a legal |
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or equitable interest in a pension, plan, or other account |
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described by Subsection (a). |
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SECTION 3. Section 22.003, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An order of the supreme court adopting a form must |
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specify an effective date to be printed conspicuously on the form. |
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The effective date must provide for a reasonable period of time |
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during which the court will accept public comment on the form before |
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it becomes effective. |
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SECTION 4. (a) Section 30.019, Civil Practice and Remedies |
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Code, as added by this Act, applies to a standardized form |
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promulgated by the Supreme Court of Texas before, on, or after the |
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effective date of this Act that is filed in a civil action on or |
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after the effective date of this Act. A standardized form that is |
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filed in a civil action before the effective date of this Act is |
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governed by the law in effect on the date the form is filed, and that |
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law is continued in effect for that purpose. |
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(b) Section 30.020, Civil Practice and Remedies Code, as |
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added by this Act, is intended to clarify existing law with respect |
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to the law that applies to a party to civil litigation who is not |
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represented by an attorney. |
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(c) Section 7.003, Family Code, as amended by this Act, |
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applies only to a suit for dissolution of a marriage filed on or |
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after the effective date of this Act. A suit for dissolution filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the suit was filed, and that law is continued in |
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effect for that purpose. |
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(d) Section 22.003(c), Government Code, as added by this |
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Act, applies to a form promulgated by the Supreme Court of Texas on |
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or after the effective date of this Act. A form promulgated by the |
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Supreme Court of Texas before the effective date of this Act is |
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governed by the law in effect on the date the form was promulgated, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |