Texas Family Code

§ 45.0031 — WAIVER OF CITATION

FA § 45.0031Title 2. CHILD IN RELATION TO THE FAMILY · Part C. CHANGE OF NAME · Ch. 45. CHANGE OF NAME · Art. A. CHANGE OF NAME OF CHILD

Statute text

View on source

(a)A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.

(b)The party executing the waiver may not sign the waiver using a digitized signature.

(c)The waiver must contain the mailing address of the party executing the waiver.

(d)Notwithstanding Section 132.001, Civil Practice and Remedies Code, the waiver must be sworn before a notary public who is not an attorney in the suit. This subsection does not apply if the party executing the waiver is incarcerated.

(e)The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.

(f)For purposes of this section, "digitized signature" has the meaning assigned by Section 101.0096.

Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 3, eff. September 1, 2015.