BILL ANALYSIS C.S.S.B. 152 By: West Criminal Justice 2-8-95 Committee Report (Substituted) BACKGROUND Current law requires that a protective order issued in Texas be enforced in any county in the state, regardless of the county in which it was issued. In spite of the law, no mechanism exists to provide access to information on all protective orders issued in Texas. Currently, victims are required to provide a certified copy of a protective order when the order is violated outside of the county of origin. PURPOSE As proposed, C.S.S.B. 152 requires the Texas Department of Public Safety to include information regarding protective orders in the criminal history record system. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Department of Public Safety in SECTION 5 (Article 60.08(a), Code of Criminal Procedure) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 411.042(b), Government Code, to require the bureau of identification and records of the Department of Public Safety information on active protective orders. Sets forth the required information to be collected. SECTION 2. Amends Section 411.042(g), Government Code, to authorize the Department of Public Safety (department) to adopt rules relating to , among others, active protective orders and reporting procedures that ensure that information relating to the issuance of an active protective order is reported to the local law enforcement agency a the time of issuance and is entered into the state's law enforcement information system. SECTION 3. Amends Section 71.17, Family Code, to include the department among agencies which the clerk of the court issuing an original or modified protective order is required to send a copy of the protective order. SECTION 4. Requires the department to establish the rules and procedures necessary to comply with Section 411.042, Government Code, not later than January 1, 1996. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.