Bill Text: TX SB1261 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to certain procedures in certain civil actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-13 - Referred to State Affairs [SB1261 Detail]
Download: Texas-2013-SB1261-Introduced.html
| 83R2869 TJS-F | ||
| By: Rodriguez | S.B. No. 1261 | |
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| relating to certain procedures in certain civil actions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 30, Civil Practice and Remedies Code, is | ||
| amended by adding Sections 30.019 and 30.020 to read as follows: | ||
| Sec. 30.019. STANDARDIZED FORMS. (a) In this section, | ||
| "standardized form" means a form promulgated by the supreme court | ||
| under Section 22.003, Government Code, for use in a civil action in | ||
| a trial court of this state, including a petition or answer, notice, | ||
| motion, proposed order, or other pleading. The term includes any | ||
| instructions promulgated for use with the form. | ||
| (b) Notwithstanding Section 22.004, Government Code, the | ||
| supreme court may not amend or adopt rules in conflict with this | ||
| section. | ||
| (c) A court may not grant relief or enter an order using or | ||
| relying on a standardized form that does not comply with | ||
| substantive or procedural law. | ||
| (d) A standardized form may not be used for a purpose other | ||
| than the purpose stated in the order approving the standardized | ||
| form. | ||
| (e) A court may not accept a standardized form that is: | ||
| (1) prepared in a manner inconsistent with the | ||
| instructions promulgated for use with the form; or | ||
| (2) submitted for a use other than the use authorized | ||
| by the order adopting the standardized form. | ||
| (f) The clerk of a court may not complete, assist in | ||
| completing, or advise a party concerning the completion of a | ||
| standardized form. | ||
| (g) This section does not apply to a standardized form used | ||
| in an action to seek or enforce a protective order under Title 4, | ||
| Family Code. | ||
| Sec. 30.020. SELF-REPRESENTED LITIGATION. (a) In this | ||
| section, "self-represented litigant" means a party to a civil | ||
| action who is not represented by an attorney. | ||
| (b) Except as otherwise provided by law or a court order: | ||
| (1) a party is not required to be represented by an | ||
| attorney in a civil action; and | ||
| (2) a self-represented litigant is subject to the same | ||
| substantive and procedural law as a person who is represented by an | ||
| attorney. | ||
| SECTION 2. Section 7.003, Family Code, is amended to read as | ||
| follows: | ||
| Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT | ||
| BENEFITS AND OTHER PLANS. (a) In a decree of divorce or annulment, | ||
| the court shall determine the rights of both spouses in a pension, | ||
| retirement plan, annuity, individual retirement account, employee | ||
| stock option plan, stock option, or other form of savings, bonus, | ||
| profit-sharing, or other employer plan or financial plan of an | ||
| employee or a participant, regardless of whether the person is | ||
| self-employed, in the nature of compensation or savings. | ||
| (b) In a suit for dissolution of a marriage in which either | ||
| spouse is a self-represented litigant, as defined by Section | ||
| 30.020, Civil Practice and Remedies Code, and files any | ||
| standardized form, as defined by Section 30.019, Civil Practice and | ||
| Remedies Code, the court may not enter a decree of divorce or | ||
| annulment until each spouse: | ||
| (1) discloses to the court and to the other spouse the | ||
| existence, nature, and value of a pension, plan, or other account | ||
| described by Subsection (a); or | ||
| (2) swears that the spouse does not own or have a legal | ||
| or equitable interest in a pension, plan, or other account | ||
| described by Subsection (a). | ||
| SECTION 3. Section 22.003, Government Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) An order of the supreme court adopting a form must | ||
| specify an effective date to be printed conspicuously on the form. | ||
| The effective date must provide for a reasonable period of time | ||
| during which the court will accept public comment on the form before | ||
| it becomes effective. | ||
| SECTION 4. (a) Section 30.019, Civil Practice and Remedies | ||
| Code, as added by this Act, applies to a standardized form | ||
| promulgated by the Supreme Court of Texas before, on, or after the | ||
| effective date of this Act that is filed in a civil action on or | ||
| after the effective date of this Act. A standardized form that is | ||
| filed in a civil action before the effective date of this Act is | ||
| governed by the law in effect on the date the form is filed, and that | ||
| law is continued in effect for that purpose. | ||
| (b) Section 30.020, Civil Practice and Remedies Code, as | ||
| added by this Act, is intended to clarify existing law with respect | ||
| to the law that applies to a party to civil litigation who is not | ||
| represented by an attorney. | ||
| (c) Section 7.003, Family Code, as amended by this Act, | ||
| applies only to a suit for dissolution of a marriage filed on or | ||
| after the effective date of this Act. A suit for dissolution filed | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the suit was filed, and that law is continued in | ||
| effect for that purpose. | ||
| (d) Section 22.003(c), Government Code, as added by this | ||
| Act, applies to a form promulgated by the Supreme Court of Texas on | ||
| or after the effective date of this Act. A form promulgated by the | ||
| Supreme Court of Texas before the effective date of this Act is | ||
| governed by the law in effect on the date the form was promulgated, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||
