BILL ANALYSIS C.S.H.B. 2159 By: Grusendorf April 5, 1995 Committee Report (Substituted) BACKGROUND Protective orders issued by courts often result in confusion for law enforcement officials and other parties involved. The Family Code names the "sheriff" as the law enforcement official authorized to serve and enforce protective orders. However, there are Family Courts that specifically name the constable's office to serve these papers. Since in practice the constable is presently very often the official who performs these duties, it is necessary to eliminate any ambiguity in the law regarding law enforcement authority. PURPOSE C.S.H.B. 2159 amends sections of the Family Code to specifically include constables among those peace officers authorized to enforce protective orders. In a close review of Texas laws, there exists many word nuances. In many cases, when the word "sheriff" is used in designating a county peace officer, it is apparent that the word "sheriff" takes on a generic meaning to describe a county peace officer. C.S.H.B. 2159 eliminates this nuance and renders the language in the law specific. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.582(b) and (d), Family Code, to include the constable as one of the law enforcement officials a clerk of court must notify when a change is made to a protective order or when such an order is vacated or dismissed. SECTION 2. Amends Section 3.583, Family Code, to include the constable as one of the law enforcement officials required to establish procedures to stay informed of who is under the protection of a protective order. SECTION 3. Amends Section 71.15(i), Family Code, to include the constable as one of the law enforcement officials a court may order to enforce a protective order. SECTION 4. Amends Section 71.17(b) and (d) to require a court to send a copy of a protective order to the constable as well as the sheriff of a county in which a person protected by the order resides. SECTION 5. Amends Section 71.18, Family Code, to include the constable as one of the law enforcement officials required to establish procedures to stay informed of who is under the protection of a protective order. Also includes the constable as one of the law enforcement officials allowed to enter protective orders into a computer database. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 2159 only included SECTIONS 3, 4, 6 and 7 as stated above. CSHB 2159 more thoroughly includes the constable as one of the law enforcement officials responsible for protective orders. SUMMARY OF COMMITTEE ACTION On 29 March 1995, HB 2159 was considered by the committee in a public hearing. The following person testified in favor of the bill: Gwyn Shea, Texas Justice of the Peace and Constables Association. The committee considered a substitute for the bill which was adopted without objection. HB 2159 was reported favorably as substituted with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.