Texas Name Change Law
FAMILY CODE
SUBTITLE C. CHANGE OF NAME
CHAPTER 45. CHANGE OF NAME
SUBCHAPTER A. CHANGE OF NAME OF CHILD
Sec. 45.001. WHO MAY FILE; VENUE. A
parent, managing conservator, or guardian of a child may file a petition
requesting a change of name of the child in the county where the child
resides.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995.
Sec. 45.002. REQUIREMENTS OF
PETITION. (a) A petition to change the name of a child must be verified
and include:
(1) the present name and place of
residence of the child;
(2) the reason a change of name is
requested;
(3) the full name requested for the
child;
(4) whether the child is subject to
the continuing exclusive jurisdiction of a court under Chapter 155; and
(5) whether the child is subject to
the registration requirements of Chapter 62, Code of Criminal Procedure.
(b) If the child is 10 years of age or
older, the child's written consent to the change of name must be attached
to the petition.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. 1,
eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1300, Sec. 5, eff. Sept. 1,
2003.
Sec. 45.003. CITATION. (a) The
following persons are entitled to citation in a suit under this
subchapter:
(1) a parent of the child whose
parental rights have not been terminated;
(2) any managing conservator of the
child; and
(3) any guardian of the child.
(b) Citation must be issued and served
in the same manner as under Chapter 102.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995.
Sec. 45.004. ORDER. (a) The court
may order the name of a child changed if:
(1) the change is in the best interest
of the child; and
(2) for a child subject to the
registration requirements of Chapter 62, Code of Criminal Procedure:
(A) the change is in the interest of
the public; and
(B) the person petitioning on behalf
of the child provides the court with proof that the child has notified the
appropriate local law enforcement authority of the proposed name change.
(b) If the child is subject to the
continuing jurisdiction of a court under Chapter 155, the court shall send
a copy of the order to the central record file as provided in Chapter 108.
(c) In this section, "local law
enforcement authority" has the meaning assigned by Article 62.01, Code of
Criminal Procedure.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1300, Sec. 6,
eff. Sept. 1, 2003.
Sec. 45.005. LIABILITIES AND RIGHTS
UNAFFECTED. A change of name does not:
(1) release a child from any liability
incurred in the child's previous name; or
(2) defeat any right the child had in
the child's previous name.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995.
SUBCHAPTER B. CHANGE OF NAME OF ADULT
Sec. 45.101. WHO MAY FILE; VENUE. An
adult may file a petition requesting a change of name in the county of the
adult's place of residence.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995.
Sec. 45.102. REQUIREMENTS OF
PETITION. (a) A petition to change the name of an adult must be verified
and include:
(1) the present name and place of
residence of the petitioner;
(2) the full name requested for the
petitioner;
(3) the reason the change in name is
requested;
(4) whether the petitioner has been
the subject of a final felony conviction; and
Text of subd. (5) as amended by Acts
2003, 78th Leg., ch. 1300, Sec. 7
(5) whether the petitioner is subject
to the registration requirements of Chapter 62, Code of Criminal
Procedure.
Text of subd. (5) as amended by Acts
2003, 78th Leg., ch. 1003, Sec. 1
(5) a legible and complete set of the
petitioner's fingerprints on a fingerprint card format acceptable to the
Department of Public Safety and the Federal Bureau of Investigation.
(b) The petition must include each of
the following or a reasonable explanation why the required information is
not included:
(1) the petitioner's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number for any
driver's license issued in the 10 years preceding the date of the
petition;
(F) social security number; and
(G) assigned FBI number, state
identification number, if known, or any other reference number in a
criminal history record system that identifies the petitioner;
(2) any offense above the grade of
Class C misdemeanor for which the petitioner has been charged; and
(3) the case number and the court if a
warrant was issued or a charging instrument was filed or presented for an
offense listed in Subsection (b)(2).
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1003, Sec. 1,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1300, Sec. 7, eff. Sept. 1,
2003.
Sec. 45.103. ORDER. (a) The court
shall order a change of name under this subchapter for a person other than
a person with a final felony conviction or a person subject to the
registration requirements of Chapter 62, Code of Criminal Procedure, if
the change is in the interest or to the benefit of the petitioner and in
the interest of the public.
(b) A court may order a change of name
under this subchapter for a person with a final felony conviction if, in
addition to the requirements of Subsection (a), the person has:
(1) received a certificate of
discharge by the pardons and paroles division of the Texas Department of
Criminal Justice or completed a period of probation ordered by a court and
not less than two years have passed from the date of the receipt of
discharge or completion of probation; or
(2) been pardoned.
(c) A court may order a change of name
under this subchapter for a person subject to the registration
requirements of Chapter 62, Code of Criminal Procedure, if, in addition to
the requirements of Subsection (a), the person provides the court with
proof that the person has notified the appropriate local law enforcement
authority of the proposed name change. In this subsection, "local law
enforcement authority" has the meaning assigned by Article 62.01, Code of
Criminal Procedure.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1300, Sec. 8,
eff. Sept. 1, 2003.
Sec. 45.104. LIABILITIES AND RIGHTS
UNAFFECTED. A change of name under this subchapter does not release a
person from liability incurred in that person's previous name or defeat
any right the person had in the person's previous name.
Amended by Acts 1995, 74th Leg., ch.
20, Sec. 1, eff. April 20, 1995.
Sec. 45.105. CHANGE OF NAME IN DIVORCE
SUIT. (a) On the final disposition of a suit for divorce, for annulment,
or to declare a marriage void, the court shall enter a decree changing the
name of a party specially praying for the change to a prior used name
unless the court states in the decree a reason for denying the change of
name. The court may not deny a change of name solely to keep last names
of family members the same.
(b) A person whose name is changed
under this section may apply for a change of name certificate from the
clerk of the court as provided by Section 45.106.
Added by Acts 1997, 75th Leg., ch. 165,
Sec. 7.10(a), eff. Sept. 1, 1997.
Sec. 45.106. CHANGE OF NAME
CERTIFICATE. (a) A person whose name is changed under Section 6.706 or
45.105 may apply to the clerk of the court ordering the name change for a
change of name certificate.
(b) A certificate under this section
is a one-page document that includes:
(1) the name of the person before the
change of name was ordered;
(2) the name to which the person's
name was changed by the court;
(3) the date on which the name change
was made;
(4) the person's social security
number and driver's license number, if any;
(5) the name of the court in which the
name change was ordered; and
(6) the signature of the clerk of the
court that issued the certificate.
(c) An applicant for a certificate
under this section shall pay a $10 fee to the clerk of the court for
issuance of the certificate.
(d) A certificate under this section
constitutes proof of the change of name of the person named in the
certificate.
Added by Acts 1997, 75th Leg., ch. 165,
Sec. 7.10(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch.
62, Sec. 6.06, eff. Sept. 1, 1999.
|
