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A BILL TO BE ENTITLED
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AN ACT
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relating to standardized forms and materials for the issuance of |
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protective orders, magistrate's orders for emergency protection, |
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and temporary ex parte orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.001, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A person filing an application under this article shall |
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use the protective order application form created by the Office of |
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Court Administration of the Texas Judicial System under Section |
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72.039, Government Code, that is available on the office's Internet |
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website. |
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SECTION 2. Subchapter A, Chapter 7B, Code of Criminal |
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Procedure, is amended by adding Article 7B.0021 to read as follows: |
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Art. 7B.0021. STANDARD TEMPORARY EX PARTE ORDER FORM. (a) |
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The court shall use the standardized temporary ex parte order form |
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created by the Office of Court Administration of the Texas Judicial |
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System under Section 72.039, Government Code, to issue a temporary |
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ex parte order under Article 7B.002. |
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(b) A court's failure to use the standardized temporary ex |
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parte order form as required under Subsection (a) does not affect |
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the validity or enforceability of the temporary ex parte order |
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issued. |
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SECTION 3. Article 7B.003, Code of Criminal Procedure, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) The court shall use the standardized protective order |
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form created by the Office of Court Administration of the Texas |
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Judicial System under Section 72.039, Government Code, to issue a |
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protective order under this article. |
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(e) A court's failure to use the standardized protective |
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order form as required under Subsection (d) does not affect the |
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validity or enforceability of the protective order issued. |
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SECTION 4. Article 17.292, Code of Criminal Procedure, is |
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amended by adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) The magistrate shall use the standardized order for |
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emergency protection form created by the Office of Court |
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Administration of the Texas Judicial System under Section 72.039, |
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Government Code, to issue an order for emergency protection under |
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this article. |
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(d-2) A magistrate's failure to use the standardized order |
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for emergency protection form as required under Subsection (d-1) |
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does not affect the validity or enforceability of the order for |
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emergency protection issued. |
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SECTION 5. Section 82.004, Family Code, is amended to read |
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as follows: |
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Sec. 82.004. FORM AND CONTENT [CONTENTS] OF APPLICATION. A |
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person filing an application under this chapter shall use the |
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protective order application form created by the Office of Court |
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Administration of the Texas Judicial System under Section 72.039, |
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Government Code, that is available on the office's Internet |
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website, and shall include in the application [An application must |
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state]: |
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(1) the name and county of residence of each |
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applicant; |
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(2) the name and county of residence of each |
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individual alleged to have committed family violence; |
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(3) the relationships between the applicants and the |
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individual alleged to have committed family violence; |
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(4) a request for one or more protective orders; and |
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(5) whether an applicant is receiving services from |
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the Title IV-D agency in connection with a child support case and, |
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if known, the agency case number for each open case. |
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SECTION 6. Chapter 83, Family Code, is amended by adding |
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Section 83.007 to read as follows: |
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Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM. (a) |
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The court shall use the standardized temporary ex parte order form |
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created by the Office of Court Administration of the Texas Judicial |
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System under Section 72.039, Government Code, to issue a temporary |
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ex parte order under this chapter. |
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(b) A court's failure to use the standardized temporary ex |
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parte order form as required under Subsection (a) does not affect |
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the validity or enforceability of the temporary ex parte order |
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issued. |
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SECTION 7. Subchapter B, Chapter 85, Family Code, is |
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amended by adding Section 85.0221 to read as follows: |
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Sec. 85.0221. STANDARD PROTECTIVE ORDER FORM. (a) The |
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court shall use the standardized protective order form created by |
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the Office of Court Administration of the Texas Judicial System |
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under Section 72.039, Government Code, to issue a protective order |
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under this chapter. |
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(b) A court's failure to use the standardized protective |
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order form as required under Subsection (a) does not affect the |
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validity or enforceability of the protective order issued. |
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SECTION 8. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.039 to read as follows: |
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Sec. 72.039. PROTECTIVE ORDER APPLICATIONS, FORMS, AND |
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MATERIALS. (a) The office shall develop and make available on the |
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office's Internet website standardized forms and other materials |
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necessary to apply for, issue, deny, revise, rescind, serve, and |
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enforce any of the following: |
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(1) a protective order under Title 4, Family Code, or |
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Subchapter A, Chapter 7B, Code of Criminal Procedure; |
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(2) a magistrate's order for emergency protection |
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under Article 17.292, Code of Criminal Procedure; or |
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(3) a temporary ex parte order under Chapter 83, |
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Family Code, or Article 7B.002, Code of Criminal Procedure. |
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(b) Each standardized form developed under Subsection (a) |
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to be used by a magistrate or court issuing an order must include: |
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(1) the prohibitions and requirements imposed on the |
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respondent; |
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(2) the duration of the order; |
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(3) the potential consequences of violating the order; |
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and |
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(4) any other admonishments or warnings required by |
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law. |
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(c) The materials developed under Subsection (a) must |
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include a procedure to ensure that a copy of the order is |
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transmitted to all required parties and all relevant information |
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required by Section 411.042(b)(6) is entered into the statewide law |
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enforcement information system maintained by the Department of |
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Public Safety under Section 411.042 and any other applicable |
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databases. |
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(d) In developing the required applications, forms, and |
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materials, the office shall: |
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(1) consult with individuals, organizations, and |
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state agencies that have knowledge and experience in the issues of |
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protective orders, including: |
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(A) the Texas Council on Family Violence; |
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(B) the Department of Public Safety; |
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(C) nonprofit organizations that advocate for |
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the survivors of sexual assault or family violence; |
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(D) individuals, organizations, and state |
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agencies that provide training to judges, prosecutors, and law |
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enforcement officers; |
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(E) the judges or justices of courts of varying |
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jurisdictions; |
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(F) law enforcement agencies; |
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(G) prosecutors; and |
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(H) an organization that receives federal |
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funding under the legal assistance for victims grant program and |
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that has expertise in issues related to family violence, sexual |
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assault, or stalking; and |
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(2) give consideration to promoting uniformity of law |
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among the states that enact the Uniform Interstate Enforcement of |
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Domestic Violence Protection Orders Act. |
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SECTION 9. As soon as practicable after the effective date |
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of this Act, but not later than June 1, 2024, the Office of Court |
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Administration of the Texas Judicial System shall create and make |
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available on the office's Internet website all forms and materials |
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required by Section 72.039, Government Code, as added by this Act. |
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If the office completes the forms and materials required by Section |
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72.039, Government Code, as added by this Act, before June 1, 2024, |
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the office shall notify each court clerk, judge, magistrate, and |
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prosecution agency in the state of the availability of the forms and |
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materials. |
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SECTION 10. Article 7B.001, Code of Criminal Procedure, as |
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amended by this Act, and Section 82.004, Family Code, as amended by |
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this Act, apply only to an application for a protective order that |
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is filed on or after June 1, 2024. An application for a protective |
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order filed before June 1, 2024, is governed by the law in effect on |
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the date the application is filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 11. Articles 7B.003 and 17.292, Code of Criminal |
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Procedure, as amended by this Act, Article 7B.0021, Code of |
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Criminal Procedure, as added by this Act, and Sections 83.007 and |
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85.0221, Family Code, as added by this Act, apply only to a |
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protective order, magistrate's order for emergency protection, or |
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temporary ex parte order that is issued on or after June 1, 2024. An |
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order issued before June 1, 2024, is governed by the law in effect |
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on the date the order is issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |
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* * * * * |