SRC-JRN H.B. 1192 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1192
By: Rhodes (Armbrister)
Jurisprudence
5-14-97
Engrossed


DIGEST 

In the 74th Legislative Session, an amendment to Section 71.15(i), Texas
Family Code, was passed which added constables to the agencies authorized
to provide an officer to protect an applicant obtaining an ex parte
protective order while a respondent is removed.  Constables were not given
similar authority to provide protection to an applicant under Section
71.18(c).  This bill allows a constable's office to provide a law
enforcement officer to protect an applicant while a respondent removes
himself or herself from the premises under a temporary and final
protective order. 

PURPOSE

As proposed, H.B. 1192 allows a constable's office to provide a law
enforcement officer to protect an applicant who obtains a ex parte
protective order while a respondent removes himself or herself from the
premises. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 86.003, Family Code, to require a court issuing
a temporary ex parte protective order to submit written notice to certain
individuals, including the constable. 

SECTION 2. Amends Section 86.004, Family Code, to make a conforming change.

SECTION 3. Provides that this Act takes effect only if the 75th
Legislature, at its regular session, enacts H.B. 1441 or S.B. 797 and
either bill becomes law.  Provides that if the legislation does not become
law, this Act has no effect. 

SECTION 4. Emergency clause.
  Effective date: upon passage.