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.