SRC-DPW S.B. 804 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 804
76R5361 KLA-DBy: Ellis
Criminal Justice
4/13/1999
As Filed


DIGEST 

Currently, the Family Code and the Code of Criminal Procedure contain
provisions for issuing protective orders to protect victims of family
violence from further future violence.  The Penal Code establishes
penalties for violations of the protective orders.  Texas does not have a
standard format for protective orders, which can lead to problems in
enforcing an order.  This bill would require the Texas Department of Public
Safety to collaborate with the Texas Council on Family Violence and the
Texas District and County Attorneys Association to develop a standard
format for protective orders issued under Title 4, Family Code. 

PURPOSE

As proposed, S.B. 804 requires the Texas Department of Public Safety to
develop a standard format for protective orders issued under Title 4,
Family Code. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Requires the Texas Department of Public Safety (DPS) to
collaborate with the Texas Council on Family Violence and the Texas
District and County Attorneys Association to develop a standard format for
protective orders.  Requires  DPS to consider the format of protective
orders of other states.  Requires the protective order to be concise and
easily understandable. 

SECTION 2. Requires the director of DPS to make a recommendation to the
legislature regarding the format of the protective order, by December 1,
2000. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.