BILL ANALYSIS C.S.S.B. 283 By: Brown (Goodman) 05-10-95 Committee Report (Substituted) BACKGROUND Recent committee testimony indicates that in some areas of Texas, confusion exists as to which prosecuting attorney is responsible for filing protective order applications. In these situations, the county attorney may state that the district attorney was responsible for filing the application, while the district attorney may refer the applicant back to the county attorney. PURPOSE As proposed, S.B. 283 requires prosecuting attorneys to provide notice of their responsibility to apply for a protective order to law enforcement agencies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 71.04(c), Family Code, to provide that the district attorney is responsible for filing an application for a protective order unless the district attorney transfers that responsibility to the county attorney. Requires the prosecuting attorney responsible for filing applications for a protective order to provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney. SECTION 2. Amends Article 5.06, Code of Criminal Procedure, by adding Subsection (c) to make a conforming change. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 283 provides that the district attorney is the prosecuting attorney responsible for filing applications for a protective order unless the district attorney transfers that responsibility to the county attorney. The original version provides that the county attorney or the criminal district attorney is the prosecuting attorney responsible unless the district attorney assumes the responsibility by giving notice to the county attorney. SUMMARY OF COMMITTEE ACTION S.B. 283 was considered in a public hearing on April 19, 1995. The following person testified neutrally on the bill: John J. Sampson, representing himself. The bill was left pending in committee. In a formal meeting on April 25, 1995, the committee considered a complete substitute for the bill which was adopted without objection. S.B. 283 was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.