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Texas Family Code - FAM § 45.103. Order

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(a-1) For purposes of Subsection (a), it is presumed that a change of name is in the interest or to the benefit of the petitioner and in the interest of the public if the petitioner provides a copy of an authorization card certifying in accordance with Article 58.059, Code of Criminal Procedure, that the petitioner is a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure.

(b) A court may order a change of name under this subchapter for a person with a final felony conviction if:

(1) in addition to the requirements of Subsection (a), the person has:

(A) received a certificate of discharge by the Texas Department of Criminal Justice or completed a period of community supervision or juvenile probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of community supervision or juvenile probation; or

(B) been pardoned; or

(2) the person is requesting to change the person's name to the primary name used in the person's criminal history record information.

(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 the person:

(1) meets the requirements of Subsection (a) or is requesting to change the person's name to the primary name used in the person's criminal history record information; and

(2) provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change.

(c-1) An order issued under this section to change the name of a petitioner described by Subsection (a-1) is confidential and may not be released by the court to any person, regardless of whether the petitioner continues to participate in the address confidentiality program following the change of name under this subchapter.

(d) In this section:

(1) “Criminal history record information” has the meaning assigned by Section 411.082, Government Code.

(2) “Local law enforcement authority” has the meaning assigned by Article 62.001, Code of Criminal Procedure.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 45.103. Order - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-45-103/

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