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.