HBA-SEB C.S.S.B. 685 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 685
By: Brown
Juvenile Justice and Family Issues
5/13/1999
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. 685 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.