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A BILL TO BE ENTITLED
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AN ACT
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relating to the protective order registry maintained by the Office |
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of Court Administration of the Texas Judicial System and the |
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removal of certain vacated protective orders from the registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 72.151(3), Government Code, is amended |
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to read as follows: |
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(3) "Protective order" means: |
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(A) an order issued by a court in this state under |
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Chapter 83 or 85, Family Code, to prevent family violence, as |
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defined by Section 71.004, Family Code; |
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(B) an order issued by a court in this state under |
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Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent |
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sexual assault or abuse, stalking, trafficking, or other harm to |
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the applicant; or |
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(C) [. The term includes] a magistrate's order |
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for emergency protection issued under Article 17.292, Code of |
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Criminal Procedure, with respect to a person who is arrested for an |
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offense involving family violence. |
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SECTION 2. Section 72.152, Government Code, is amended to |
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read as follows: |
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Sec. 72.152. APPLICABILITY. This subchapter applies only |
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to: |
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(1) an application for a protective order filed under: |
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(A) Chapter 82, Family Code; |
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(B) Subchapter A, Chapter 7B, Code of Criminal |
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Procedure; or |
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(C) [(B)] Article 17.292, Code of Criminal |
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Procedure, with respect to a person who is arrested for an offense |
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involving family violence; and |
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(2) a protective order issued under: |
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(A) Chapter 83 or 85, Family Code; |
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(B) Subchapter A, Chapter 7B, Code of Criminal |
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Procedure; or |
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(C) [(B)] Article 17.292, Code of Criminal |
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Procedure, with respect to a person who is arrested for an offense |
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involving family violence. |
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SECTION 3. Sections 72.154(b) and (d), Government Code, are |
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amended to read as follows: |
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(b) Publicly accessible information regarding each |
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protective order must consist of the following: |
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(1) the court that issued the protective order; |
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(2) the case number; |
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(3) the full name, county of residence, birth year, |
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and race or ethnicity of the person who is the subject of the |
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protective order; |
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(4) the dates the protective order was issued and |
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served; and |
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(5) [the date the protective order was vacated, if |
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applicable; and |
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[(6)] the date the protective order expired or will |
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expire, as applicable. |
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(d) The office may not allow a member of the public to access |
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through the registry any information related to: |
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(1) a protective order issued under Article 7B.002 or |
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17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or |
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(2) a protective order that was vacated. |
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SECTION 4. Section 72.155(a), Government Code, is amended |
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to read as follows: |
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(a) The registry must include a copy of each application for |
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a protective order filed in this state and a copy of each protective |
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order issued in this state, including an [a vacated or] expired |
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order, or a vacated order other than an order that was vacated as |
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the result of an appeal or bill of review from a district or county |
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court. Only an authorized user, the attorney general, a district |
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attorney, a criminal district attorney, a county attorney, a |
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municipal attorney, or a peace officer may access that information |
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under the registry. |
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SECTION 5. Section 72.157, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), for [For] a |
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protective order that is vacated or that has expired, the clerk of |
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the applicable court shall modify the record of the order in the |
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registry to reflect the order's status as vacated or expired. The |
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clerk shall ensure that a record of a vacated order is not |
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accessible by the public. |
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(b-1) For a protective order that is vacated as the result |
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of an appeal or bill of review from a district or county court, the |
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clerk of the applicable court shall notify the office not later than |
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the end of the next business day after the date the protective order |
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was vacated. The office shall remove the record of the order from |
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the registry not later than the third business day after the date |
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the notice from the clerk was received. |
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SECTION 6. Section 72.158(a), Government Code, is amended |
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to read as follows: |
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(a) The office shall ensure that the public may access |
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information about protective orders, other than information about |
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vacated orders or orders under Article 7B.002 or 17.292, Code of |
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Criminal Procedure, or Chapter 83, Family Code, through the |
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registry, only if: |
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(1) a protected person requests that the office grant |
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the public the ability to access the information described by |
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Section 72.154(b) for the order protecting the person; and |
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(2) the office approves the request. |
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SECTION 7. Section 72.152, Government Code, as amended by |
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this Act, applies only to an application for a protective order |
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filed or a protective order issued on or after the effective date of |
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this Act. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Office of Court Administration of the Texas |
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Judicial System shall: |
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(1) remove the record of any protective orders that |
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have been vacated as the result of an appeal or bill of review from a |
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district or county court from the protective order registry |
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established under Subchapter F, Chapter 72, Government Code, as |
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amended by this Act; and |
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(2) ensure that the records of vacated orders, other |
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than orders described by Subdivision (1) of this section that are |
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removed from the registry, are not accessible by the public. |
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SECTION 9. This Act takes effect September 1, 2021. |