Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Family Code
Section
§ 5.002
Sale of Separate
Homestead After
Spouse Declared
Judicially
Incapacitated
§ 6.007
Confinement in
Mental Hospital
§ 6.108
Mental Incapacity
§ 6.410
Report to
Accompany Petition
§ 6.410
Confidentiality of
Pleadings (*Code
contains two
sections of 6.410)
Related/
Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Preemption
Explanation
Exception
Title 1: The Marriage Relationship
Chapter 5: Homestead Rights
Deals with the ability of one spouse to
sell property in the event that the other
spouse is incapacitated.
Title 1: The Marriage Relationship
Chapter 6: Suit for Dissolution of Marriage
Addresses the ability of a court to grant
divorce in the event of incapacitation of
the other spouse.
Addresses authority of court to grant
annulments, which may depend on
mental incapacity.
Requires that a person filing for divorce
or annulment provide a Bureau of
Statistics form for reporting such
activity, which does not contain IIHI .
Requires all documents filed in
connection with a divorce petition in
counties of a certain size to be
confidential and not subject to Public
Information Act for a period of time.
Is State Law
Preempted?
No
No
No
No
No
Recommendation
§ 6.505
Counseling
Not Related
Enpowers the judge to order a
counselor's report on whether there is a
reasonable expectation of reconciliation.
No
§ 6.705
Testimony by
Marriage Counselor
Not Related
Prohibits using the marriage counselor
appointed under § 6.505 as a witness or
No
using the counselor's report in any suit
involving the parties or their children.
Title 2: Child in Relation to the Family
Chapter 32: Consent to Treatment of Child by Non-Parent or Child
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