1-1 AN ACT
1-2 relating to the uniform enforcement of protective orders from other
1-3 states.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 86.005, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
1-8 [(a)] To ensure that law enforcement officers responding to calls
1-9 are aware of the existence and terms of a protective order from
1-10 another jurisdiction, each law enforcement agency shall establish
1-11 procedures in the agency to provide adequate information or access
1-12 to information for law enforcement officers regarding the name of
1-13 each person protected by an order rendered in another jurisdiction
1-14 and of each person against whom the protective order is directed.
1-15 [(b) Unless a law enforcement officer knows that the
1-16 protective order has expired, the officer shall rely on:]
1-17 [(1) a copy of a protective order from another
1-18 jurisdiction that has been provided to the officer by any source;
1-19 and]
1-20 [(2) the statement by a person protected by the order
1-21 that the order remains in effect.]
1-22 [(c) A law enforcement officer acting in good faith is not
1-23 subject to civil or criminal liability for any action arising in
1-24 connection with the enforcement of a protective order issued in
2-1 another jurisdiction that a court later determines was not entitled
2-2 to full faith and credit under Chapter 88.]
2-3 SECTION 2. Chapter 88, Family Code, is amended to read as
2-4 follows:
2-5 CHAPTER 88. UNIFORM INTERSTATE ENFORCEMENT OF
2-6 PROTECTIVE ORDERS ACT [ORDER FROM ANOTHER JURISDICTION]
2-7 Sec. 88.001. SHORT TITLE. This chapter may be cited as the
2-8 Uniform Interstate Enforcement of Domestic Violence Protection
2-9 Orders Act.
2-10 Sec. 88.002. DEFINITIONS. In this chapter:
2-11 (1) "Foreign protective order" means a protective
2-12 order issued by a tribunal of another state.
2-13 (2) "Issuing state" means the state in which a
2-14 tribunal issues a protective order.
2-15 (3) "Mutual foreign protective order" means a foreign
2-16 protective order that includes provisions issued in favor of both
2-17 the protected individual seeking enforcement of the order and the
2-18 respondent.
2-19 (4) "Protected individual" means an individual
2-20 protected by a protective order.
2-21 (5) "Protective order" means an injunction or other
2-22 order, issued by a tribunal under the domestic violence or family
2-23 violence laws or another law of the issuing state, to prevent an
2-24 individual from engaging in violent or threatening acts against,
2-25 harassing, contacting or communicating with, or being in physical
2-26 proximity to another individual.
2-27 (6) "Respondent" means the individual against whom
3-1 enforcement of a protective order is sought.
3-2 (7) "State" means a state of the United States, the
3-3 District of Columbia, the Commonwealth of Puerto Rico, the United
3-4 States Virgin Islands, or a territory or insular possession subject
3-5 to the jurisdiction of the United States. The term includes a
3-6 military tribunal of the United States, an Indian tribe or band,
3-7 and an Alaskan native village that has jurisdiction to issue
3-8 protective orders.
3-9 (8) "Tribunal" means a court, agency, or other entity
3-10 authorized by law to issue or modify a protective order.
3-11 Sec. 88.003. JUDICIAL ENFORCEMENT OF ORDER. (a) A tribunal
3-12 of this state shall enforce the terms of a foreign protective
3-13 order, including a term that provides relief that a tribunal of
3-14 this state would not have power to provide but for this section.
3-15 The tribunal shall enforce the order regardless of whether the
3-16 order was obtained by independent action or in another proceeding,
3-17 if the order is an order issued in response to a complaint,
3-18 petition, or motion filed by or on behalf of an individual seeking
3-19 protection. In a proceeding to enforce a foreign protective order,
3-20 the tribunal shall follow the procedures of this state for the
3-21 enforcement of protective orders.
3-22 (b) A tribunal of this state shall enforce the provisions of
3-23 the foreign protective order that govern the possession of and
3-24 access to a child if the provisions were issued in accordance with
3-25 the jurisdictional requirements governing the issuance of
3-26 possession and access orders in the issuing state.
3-27 (c) A tribunal of this state may enforce a provision of the
4-1 foreign protective order relating to child support if the order was
4-2 issued in accordance with the jurisdictional requirements of
4-3 Chapter 159 and the federal Full Faith and Credit for Child Support
4-4 Orders Act, 28 U.S.C. Section 1738B, as amended.
4-5 (d) A foreign protective order is valid if the order:
4-6 (1) names the protected individual and the respondent;
4-7 (2) is currently in effect;
4-8 (3) was rendered by a tribunal that had jurisdiction
4-9 over the parties and the subject matter under the law of the
4-10 issuing state; and
4-11 (4) was rendered after the respondent was given
4-12 reasonable notice and an opportunity to be heard consistent with
4-13 the right to due process, either:
4-14 (A) before the tribunal issued the order; or
4-15 (B) in the case of an ex parte order, within a
4-16 reasonable time after the order was rendered.
4-17 (e) A protected individual seeking enforcement of a foreign
4-18 protective order establishes a prima facie case for its validity by
4-19 presenting an order that is valid on its face.
4-20 (f) It is an affirmative defense in an action seeking
4-21 enforcement of a foreign protective order that the order does not
4-22 meet the requirements for a valid order under Subsection (d).
4-23 (g) A tribunal of this state may enforce the provisions of a
4-24 mutual foreign protective order that favor a respondent only if:
4-25 (1) the respondent filed a written pleading seeking a
4-26 protective order from the tribunal of the issuing state; and
4-27 (2) the tribunal of the issuing state made specific
5-1 findings in favor of the respondent.
5-2 Sec. 88.004. NONJUDICIAL ENFORCEMENT OF ORDER. (a) A law
5-3 enforcement officer of this state, on determining that there is
5-4 probable cause to believe that a valid foreign protective order
5-5 exists and that the order has been violated, shall enforce the
5-6 foreign protective order as if it were an order of a tribunal of
5-7 this state. A law enforcement officer has probable cause to
5-8 believe that a foreign protective order exists if the protected
5-9 individual presents a foreign protective order that identifies both
5-10 the protected individual and the respondent and on its face, is
5-11 currently in effect.
5-12 (b) For the purposes of this section, a foreign protective
5-13 order may be inscribed on a tangible medium or may be stored in an
5-14 electronic or other medium if it is retrievable in a perceivable
5-15 form. Presentation of a certified copy of a protective order is
5-16 not required for enforcement.
5-17 (c) If a protected individual does not present a foreign
5-18 protective order, a law enforcement officer may determine that
5-19 there is probable cause to believe that a valid foreign protective
5-20 order exists by relying on any relevant information.
5-21 (d) A law enforcement officer of this state who determines
5-22 that an otherwise valid foreign protective order cannot be enforced
5-23 because the respondent has not been notified or served with the
5-24 order shall inform the respondent of the order and make a
5-25 reasonable effort to serve the order on the respondent. After
5-26 informing the respondent and attempting to serve the order, the
5-27 officer shall allow the respondent a reasonable opportunity to
6-1 comply with the order before enforcing the order.
6-2 (e) The registration or filing of an order in this state is
6-3 not required for the enforcement of a valid foreign protective
6-4 order under this chapter.
6-5 Sec. 88.005. REGISTRATION OF ORDER. (a) An individual may
6-6 register a foreign protective order in this state. To register a
6-7 foreign protective order, an individual shall:
6-8 (1) present a certified copy of the order to a
6-9 sheriff, constable, or chief of police responsible for the
6-10 registration of orders in the local computer records and in the
6-11 statewide law enforcement system maintained by the Texas Department
6-12 of Public Safety; or
6-13 (2) present a certified copy of the order to the
6-14 Department of Public Safety and request that the order be
6-15 registered in the statewide law enforcement system maintained by
6-16 the Department of Public Safety.
6-17 (b) On receipt of a foreign protective order, the agency
6-18 responsible for the registration of protective orders shall
6-19 register the order in accordance with this section and furnish to
6-20 the individual registering the order a certified copy of the
6-21 registered order.
6-22 (c) The agency responsible for the registration of
6-23 protective orders shall register a foreign protective order on
6-24 presentation of a copy of a protective order that has been
6-25 certified by the issuing state. A registered foreign protective
6-26 order that is inaccurate or not currently in effect shall be
6-27 corrected or removed from the registry in accordance with the law
7-1 of this state.
7-2 (d) An individual registering a foreign protective order
7-3 shall file an affidavit made by the protected individual that, to
7-4 the best of the protected individual's knowledge, the order is in
7-5 effect.
7-6 (e) A foreign protective order registered under this section
7-7 may be entered in any existing state or federal registry of
7-8 protective orders, in accordance with state or federal law.
7-9 (f) A fee may not be charged for the registration of a
7-10 foreign protective order.
7-11 Sec. 88.006. IMMUNITY. A state or local governmental agency,
7-12 law enforcement officer, prosecuting attorney, clerk of court, or
7-13 any state or local governmental official acting in an official
7-14 capacity is immune from civil and criminal liability for an act or
7-15 omission arising from the registration or enforcement of a foreign
7-16 protective order or the detention or arrest of a person alleged to
7-17 have violated a foreign protective order if the act or omission was
7-18 done in good faith in an effort to comply with this chapter.
7-19 Sec. 88.007. OTHER REMEDIES. A protected individual who
7-20 pursues a remedy under this chapter is not precluded from pursuing
7-21 other legal or equitable remedies against the respondent.
7-22 Sec. 88.008. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In
7-23 applying and construing this chapter, consideration shall be given
7-24 to the need to promote uniformity of the law with respect to its
7-25 subject matter among the states that enact the Uniform Interstate
7-26 Enforcement of Domestic Violence Protection Orders Act.
7-27 [Sec. 88.001. FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM
8-1 ANOTHER JURISDICTION. (a) Except as provided by Subsection (b), a
8-2 protective order from another jurisdiction shall be accorded full
8-3 faith and credit by the courts of this state and enforced as if the
8-4 order were rendered by a court in this state.]
8-5 [(b) A protective order from another jurisdiction rendered
8-6 against both the applicant and respondent is not enforceable
8-7 against the applicant in this state unless:]
8-8 [(1) the respondent filed a cross or counter petition,
8-9 complaint, or other written pleading seeking a protective order
8-10 against the applicant; and]
8-11 [(2) the issuing court determined that each party was
8-12 entitled to a protective order.]
8-13 [Sec. 88.002. PRESUMPTION OF VALIDITY. A protective order
8-14 from another jurisdiction is presumed to be valid if the order
8-15 appears authentic on the order's face.]
8-16 [Sec. 88.003. AFFIRMATIVE DEFENSE. It is an affirmative
8-17 defense in any action seeking enforcement of a protective order
8-18 rendered in another jurisdiction that the respondent was not given
8-19 reasonable notice and an opportunity to be heard consistent with
8-20 due process either:]
8-21 [(1) before the date the order was rendered; or]
8-22 [(2) in the case of an ex parte order, within the time
8-23 required by the jurisdiction rendering the order after the date the
8-24 order was rendered, but not later than a reasonable time.]
8-25 [Sec. 88.004. ENFORCEMENT OF AN ORDER. A protective order
8-26 from another jurisdiction may be enforced even if the order is not
8-27 entered into the state law enforcement information system
9-1 maintained by the Department of Public Safety.]
9-2 SECTION 3. Section 71.008, Family Code, is repealed.
9-3 SECTION 4. This Act takes effect September 1, 2001, and
9-4 applies to an action to enforce a foreign protective order filed on
9-5 or after that date. An action to enforce a foreign protective
9-6 order filed before the effective date of this Act is governed by
9-7 the law in effect on the date the action was filed, and that law is
9-8 continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 919 was passed by the House on March
28, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 919 was passed by the Senate on April
24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor