CHAPTER 45. CHANGE OF NAME - Texas Statutes

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

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 62.001, 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.

Amended by:

Acts 2005, 79th Leg., Ch.

1008, Sec. 2.05, eff. September 1, 2005.

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;

(5) whether the petitioner is subject to the registration

requirements of Chapter 62, Code of Criminal Procedure; and

(6) 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.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 6.001, eff. September 1, 2005.

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 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

(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 62.001, 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.

Amended by:

Acts 2005, 79th Leg., Ch.

1008, Sec. 2.06, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.057, eff. September 1, 2009.

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.