SRC-JBJ H.B. 919 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 919
77R8220 MCK-DBy: Goodman (West)
Jurisprudence
4/4/2001
Engrossed


DIGEST AND PURPOSE 

In 1994, the United States Congress passed the Violence Against Women Act,
which mandated that states give full faith and credit to protective orders.
Although the 75th Texas Legislature passed legislation in response to this
requirement by the federal government some confusion may exist regarding
the application of these provisions.  As proposed, H.B. 919 more
specifically defines protective orders and establishes more specific
provisions regarding the enforcement of protective orders from out of state
by establishing the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 86.005, Family Code, to delete existing
Subsections (b) and (c) regarding protective orders. 

SECTION 2.  Amends Chapter 88, Family Code, as follows:

CHAPTER 88.  New heading:  UNIFORM INTERSTATE ENFORCEMENT OF
PROTECTIVE ORDERS ACT
 
Sec. 88.001.  SHORT TITLE.  Authorizes this chapter to be cited as the
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. 

Sec. 88.002.  DEFINITIONS.  Defines "foreign protective order," "issuing
state," "mutual foreign protective order," "protected individual,"
"protective order," "respondent," "state," and "tribunal." 

Sec. 88.003.  JUDICIAL ENFORCEMENT OF ORDER. (a)  Requires a tribunal of
this state to enforce the terms of a foreign protective order, including a
term that provides relief that a tribunal of this state would not have
power to provide but for this section.  Requires the tribunal to enforce
the order regardless of whether the order was obtained by independent
action or in another proceeding, if the order is an order issued in
response to a complaint, petition, or motion filed by or on behalf of an
individual seeking protection.  Requires the tribunal, in a proceeding to
enforce a foreign protective order, to follow the procedures of this state
for the enforcement of protective orders. 

(b)  Requires a tribunal of this state to enforce the provisions of the
foreign protective order that govern the possession of and access to a
child if the provisions were issued in accordance with the jurisdictional
requirements governing the issuance of possession and access orders in the
issuing state. 
 
(c)  Authorizes a tribunal of this state to enforce a provision of the
foreign protective order relating to child support if the order was issued
in accordance with the jurisdictional requirements of Chapter 159 and the
federal Full Faith and Credit for Child Support Orders Act, 28 U.S.C.
Section 1738B, as amended. 

(d)  Provides that a foreign protective order is valid if the order meets
certain specific criteria. 
  
(e)  Provides that a protected individual seeking enforcement of a foreign
protective order establishes a prima facie case for its validity by
presenting an order that is valid on its face. 
 
(f)  Provides that it is an affirmative defense in an action seeking
enforcement of a foreign protective order that the order does not meet the
requirements for a valid order under Subsection (d). 
 
(g)  Authorizes a tribunal of this state to enforce the provisions of a
mutual foreign protective order that favor a respondent only if certain
conditions are met. 
 
Sec. 88.004.  NONJUDICIAL ENFORCEMENT OF ORDER. (a)  Requires a law
enforcement officer of this state, on determining that there is probable
cause to believe that a valid foreign protective order exists and that the
order has been violated, to enforce the foreign protective order as if it
were an order of a tribunal of this state.  Provides that a law enforcement
officer has probable cause to believe that a foreign protective order
exists if the protected individual presents a foreign protective order that
identifies both the protected individual and the respondent and on its
face, is currently in effect. 

(b)  Authorizes a foreign protective order, for the purposes of this
section, to be inscribed on a tangible medium or to be stored in an
electronic or other medium if it is retrievable in a perceivable form.
Provides that presentation of a certified copy of a protective order is not
required for enforcement. 

(c)  Authorizes a law enforcement officer, if a protected individual does
not present a foreign protective order, to determine that there is probable
cause to believe that a valid foreign protective order exists by relying on
any relevant information. 
 
(d)  Requires a law enforcement officer of this state who determines that
an otherwise valid foreign protective order cannot be enforced because the
respondent has not been notified or served with the order to inform the
respondent of the order and make a reasonable effort to serve the order on
the respondent.  Requires the officer, after informing the respondent and
attempting to serve the order, to allow the respondent a reasonable
opportunity to comply with the order before enforcing the order. 
 
(e)  Provides that the registration or filing of an order in this state is
not required for the enforcement of a valid foreign protective order under
this chapter. 
  
Sec. 88.005.  REGISTRATION OF ORDER. (a)  Authorizes an individual to
register a foreign protective order in this state.  Requires an individual
to take certain enumerated action to register a foreign protective order. 

(b)  Requires the agency responsible for the registration of protective
orders, on receipt of a foreign protective order, to register the order in
accordance with this section and furnish to the individual registering the
order a certified copy of the registered order. 

(c)  Requires the agency responsible for the registration of protective
orders to register  a foreign protective order on presentation of a copy of
a protective order that has been certified by the issuing state.  Requires
a registered foreign protective order that is inaccurate or not currently
in effect to be corrected or removed from the registry in accordance with
the law of this state. 

(d)  Requires an individual registering a foreign protective order to file
an affidavit made by the protected individual that, to the best of the
protected individual's knowledge, the order is in effect. 

(e)  Authorizes a foreign protective order registered under this section to
be entered in any existing state or federal registry of protective orders,
in accordance with state or federal law. 

(f)  Prohibits a fee from being charged for the registration of a foreign
protective order. 
 
Sec. 88.006.  IMMUNITY.  Provides that a state or local governmental
agency, law enforcement officer, prosecuting attorney, clerk of court, or
any state or local governmental official acting in an official capacity is
immune from civil and criminal liability for an act or omission arising
from the registration or enforcement of a foreign protective order or the
detention or arrest of a person alleged to have violated a foreign
protective order if the act or omission was done in good faith in an effort
to comply with this chapter. 
 
Sec. 88.007.  OTHER REMEDIES.  Provides that a protected individual who
pursues a remedy under this chapter is not precluded from pursuing other
legal or equitable remedies against the respondent. 
 
Sec. 88.008.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  Requires
consideration, in applying and construing this chapter, to be given to the
need to promote uniformity of the law with respect to its subject matter
among the states that enact the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act. 

Deletes existing text and titles of Sections 88.001 - 88.004 regarding
protective orders from another jurisdiction. 
 
SECTION 3.  Repealer:  Section 71.008 (Protective Order From Another
Jurisdiction), Family Code. 
 
SECTION 4.  Effective date: September 1, 2001.
            Makes application of this Act prospective.