SRC-CDH S.B. 299 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 299
By: Ratliff
Criminal Justice
2-21-97
As Filed


DIGEST 

Currently, counties with populations of less than 1.5 million must hold
hearings on protective orders within 14 days from the date an application
is filed.  Judges in multi-county judicial districts who must rotate among
several areas have difficulty coordinating their rotation schedule to
accommodate protective order hearings every 14 days as well as numerous
other scheduled hearings and trials. This legislation grants multi-county
judicial districts the same 20-day period in which to hold protective
hearings as is given to counties having a population of 1.5 million or
more.   

PURPOSE

As proposed, S.B. 299 establishes the date for a hearing on an application
for a protective order. 

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 71.09(d), Family Code, to authorize a
prosecuting attorney in a county in a multi-county judicial district to
request that a hearing on an application for a protective order take place
not later than 20 days after the date the application is filed, or that a
hearing rescheduled due to failure of a respondent to receive service of a
notice of application for a protective order take place not later than 20
days after the date on which the request is made.  Makes a nonsubstantive
change. 

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.