CHAPTER 45. CHANGE OF NAME
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.