HBA-SEB C.S.H.B. 1312 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1312 By: Truitt Juvenile Justice and Family Issues 3/28/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a court clerk is required to mail a copy of a protective order involving family violence to the appropriate law enforcement officials and to the school or child-care facility involved in the order. Because of the circumstances under which protective orders are issued, the timely delivery of the order to the proper officials is important. C.S.H.B. 1312 gives a court clerk the option to deliver the order to the officials by fax in addition to mailing it. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 85.042, Family Code, by amending Subsection (d) and adding Subsection (e), as follows: (d) Requires the applicant for a protective order or the applicant's attorney to provide to the clerk of the court in writing the name, facsimile number, if any, and mailing address of each law enforcement agency, child-care facility, and school to which the clerk is required to send a copy of the protective order under this section (Delivery of Order to Other Persons). Makes a conforming change. (e) Requires a copy of an order sent under Subsection (a) or (b) to be sent by mail. Subsection (a) pertains to the delivery of the order to the appropriate constable of the municipality in which the member of the household protected by the order resides, and Subsection (b) pertains to the delivery of the order to a child-care facility or school if a respondent to the order is prohibited from going to or near the school or facility. Authorizes the clerk of the court to send a copy of the order by facsimile transmission in addition to mailing a copy of the order. Provides that a copy of the order sent by facsimile transmission constitutes a substantial copy. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1, by amending Sections 85.042 (d) and (e), Family Code, as follows: (d) Requires an applicant or the applicant's attorney to provide certain information in writing to the clerk of the court. Deletes proposed new language requiring an applicant for a protective order or the applicant's attorney to provide to the clerk of the court the electronic mail address, if any, of each law enforcement agency, child-care facility, and school to which the clerk is required to send a copy of a protective order. (e) Requires, rather than authorizes, a copy of a protective order to be sent by mail, rather than by mail, facsimile transmission, or electronic mail. Authorizes the clerk of the court to send a copy of the order by facsimile transmission in addition to mailing a copy of the order. Provides that a copy of the order sent by facsimile transmission constitutes a substantial copy. Deletes proposed new language regarding the transmission of a copy by electronic mail.