CN C.S.H.B. 1192 75(R)
BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 1192
By: Rhodes
5-2-97
Committee Report (Substituted)

BACKGROUND

During the 74th Session of the Legislature, an amendment to Section
71.15(i) of the Texas Family Code was passed which added constable to the
agencies authorized to provide an officer to stand-by and protect an
applicant while a respondent removes himself or herself from the premises
under a temporary protective order.  However, constables were not given
similar authority under section 71.18(c) which also deals with temporary
protective orders and 71.18(d) which addresses final protective orders. 

PURPOSE

H.B. 1192  will make the Texas Family Code, Chapter 71 more consistent by
amending Sections 71.18(c-d) [ proposed new sections 86.003-4]; thereby
allowing the constable 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. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not grant any
additional rulemaking authority to any state officer, department, agency,
or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.18(c) [ proposed new 86.003], Texas Family
Code, to include constables in the list of agencies authorized to provide
an officer to accompany and protect the applicant in a temporary
protective order.   

SECTION 2. Amends Section 71.18(d) [ proposed new 86.004], to include
constables in the list of agencies authorized to provide and officer to
accompany and protect an applicant in a permanent protective order. 

SECTION 3. The bill is contingent upon enactment of H.B. 1441 or S.B. 797,
during the regular session of the 75th Legislature.   

SECTION 4. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute redesignates the Family Code citations to reflect the
Family Code recodifications made by H.B. 1441 and S.B. 797, Acts of the
75th Legislature, Regular Session, 1997. The redesignation of the
substitute provisions in the Family Code include: 

1) Sec. 71.18(c), "constable" added to new Sec. 86.003.

2) Sec. 71.18(d), "constable" added to new Sec. 86.004.

The substitute makes no substantive changes in the law compared to the
original, and adds a new Section 3, where the substitute is contingent
upon the enactment of H.B. 1441 or S.B. 797. Redesignates the emergency
clause as Section 4.