By Goodman H.B. No. 919
77R1233 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of protective orders from other states.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 88, Family Code, is amended to read as
1-5 follows:
1-6 CHAPTER 88. UNIFORM INTERSTATE ENFORCEMENT OF
1-7 PROTECTIVE ORDERS ACT [ORDER FROM ANOTHER JURISDICTION]
1-8 Sec. 88.001. DEFINITIONS. In this chapter:
1-9 (1) "Foreign protective order" means a protective
1-10 order issued by a tribunal of another state.
1-11 (2) "Issuing state" means the state in which a
1-12 tribunal issues a protective order.
1-13 (3) "Mutual foreign protective order" means a foreign
1-14 protective order that includes provisions issued in favor of both
1-15 the protected individual seeking enforcement of the order and the
1-16 respondent.
1-17 (4) "Protected individual" means an individual
1-18 protected by a protective order.
1-19 (5) "Protective order" means an injunction or other
1-20 order, issued by a tribunal under the domestic violence or family
1-21 violence laws of the issuing state, to prevent an individual from
1-22 engaging in violent or threatening acts against, harassing,
1-23 contacting or communicating with, or being in physical proximity to
1-24 another individual.
2-1 (6) "Respondent" means the individual against whom
2-2 enforcement of a protective order is sought.
2-3 (7) "State" means a state of the United States, the
2-4 District of Columbia, the Commonwealth of Puerto Rico, or a
2-5 territory or insular possession subject to the jurisdiction of the
2-6 United States. The term includes an Indian tribe or band or
2-7 Alaskan native village that has jurisdiction to issue protective
2-8 orders.
2-9 (8) "Tribunal" means a court, agency, or other entity
2-10 authorized by law to issue or modify a protective order.
2-11 Sec. 88.002. ENFORCEMENT OF ORDER BY TRIBUNAL. (a) A
2-12 tribunal of this state shall enforce a valid foreign protective
2-13 order that is issued by a civil or criminal tribunal, regardless of
2-14 whether the order was obtained by independent action or in another
2-15 proceeding, if the order is a civil order issued in response to a
2-16 complaint, petition, or motion filed by or on behalf of an
2-17 individual seeking protection. A tribunal of this state may not
2-18 enforce a foreign protective order issued by a criminal tribunal
2-19 that does not recognize the standing of a protected individual to
2-20 seek enforcement of the order.
2-21 (b) A tribunal of this state shall enforce all terms of the
2-22 foreign protective order, including:
2-23 (1) a term that provides relief that a tribunal of
2-24 this state may not provide; and
2-25 (2) the provisions of the order that govern the
2-26 possession of and access to a child if the provisions were issued
2-27 in accordance with the jurisdictional requirements governing the
3-1 issuance of possession and access orders in the issuing state.
3-2 (c) A tribunal of this state may enforce the provisions of a
3-3 mutual foreign protective order that favor a respondent only if:
3-4 (1) the respondent filed a written pleading seeking a
3-5 protective order from the tribunal of the issuing state; and
3-6 (2) the tribunal of the issuing state made specific
3-7 findings in favor of the respondent.
3-8 (d) A tribunal of this state may not enforce under this
3-9 chapter a foreign protective order or provision of a foreign
3-10 protective order governing child support.
3-11 (e) A protected individual seeking enforcement of a foreign
3-12 protective order establishes a prima facie case for its validity by
3-13 presenting an order that is valid on its face.
3-14 Sec. 88.003. VALIDITY OF ORDER. A foreign protective order
3-15 is valid if the order:
3-16 (1) names the protected individual and the respondent;
3-17 (2) has not been modified or vacated and has not
3-18 expired;
3-19 (3) was rendered by a tribunal that had jurisdiction
3-20 over the parties and the matter under the law of the issuing state;
3-21 and
3-22 (4) was rendered after the respondent was given
3-23 reasonable notice and an opportunity to be heard consistent with
3-24 the right to due process, either:
3-25 (A) before the tribunal issued the order; or
3-26 (B) in the case of an ex parte order, within a
3-27 reasonable time after the order was rendered.
4-1 Sec. 88.004. AFFIRMATIVE DEFENSE. It is an affirmative
4-2 defense in an action seeking enforcement of a foreign protective
4-3 order that the order does not meet the requirements for a valid
4-4 order under Section 88.003.
4-5 Sec. 88.005. ENFORCEMENT OF ORDER BY LAW ENFORCEMENT. (a) A
4-6 law enforcement officer of this state shall enforce a foreign
4-7 protective order as if it were an order of a tribunal of this state
4-8 if the officer determines that:
4-9 (1) there is probable cause to believe that a valid
4-10 foreign protective order exists; and
4-11 (2) the order has been violated.
4-12 (b) A law enforcement officer has probable cause to believe
4-13 that a foreign protective order exists if the protected individual
4-14 presents a foreign protective order that:
4-15 (1) names both the protected individual and the
4-16 respondent; and
4-17 (2) on its face, has not been modified or vacated and
4-18 has not expired.
4-19 (c) If a protected individual does not present a foreign
4-20 protective order, a law enforcement officer may determine that
4-21 there is probable cause to believe that a valid foreign protective
4-22 order exists by relying on any relevant information.
4-23 (d) A law enforcement officer of this state who determines
4-24 that an otherwise valid foreign protective order cannot be enforced
4-25 because the respondent has not been notified or served with the
4-26 order shall inform the respondent of the order and make a
4-27 reasonable effort to serve the order on the respondent. After
5-1 informing the respondent and serving the order, the officer shall
5-2 allow the respondent a reasonable opportunity to comply with the
5-3 order before enforcing the order.
5-4 (e) For the purposes of this section, a foreign protective
5-5 order may be inscribed on a tangible medium or may be stored in an
5-6 electronic or other medium if it is retrievable in a perceivable
5-7 form. Presentation of a certified copy of a protective order is
5-8 not required for enforcement under this section.
5-9 Sec. 88.006. REGISTRATION OF ORDER. (a) An individual may
5-10 register a foreign protective order in this state. The
5-11 registration or filing of an order in this state is not required
5-12 for the enforcement of a valid foreign protective order under this
5-13 chapter.
5-14 (b) To register a foreign protective order, an individual
5-15 shall present a certified copy of the order to the Department of
5-16 Public Safety. On receipt of a foreign protective order, the
5-17 department shall register the order in accordance with this section
5-18 and furnish to the individual registering the order a certified
5-19 copy of the registered order.
5-20 (c) The department shall register a foreign protective order
5-21 on presentation of a copy of a protective order that has been
5-22 certified by the issuing state. For purposes of this section, the
5-23 requirement of a certified copy may only be satisfied by producing
5-24 a written document and may not be satisfied by a record in any
5-25 other medium, even if the record ultimately may be displayed on
5-26 paper.
5-27 (d) An individual registering a foreign protective order
6-1 shall file an affidavit made by the protected individual that, to
6-2 the best of the protected individual's knowledge, the order is in
6-3 effect.
6-4 (e) A foreign protective order registered under this section
6-5 may be entered in any existing state or federal registry of
6-6 protective orders, in accordance with state or federal law.
6-7 (f) An individual who believes that the individual has been
6-8 named as the respondent in a foreign protective order registered in
6-9 this state may provide proof that the order is not in effect or
6-10 that the individual is not the respondent named in the order. On
6-11 receipt of proof that a registered foreign protective order is not
6-12 in effect or is inaccurate, the department shall correct the
6-13 registration or remove the order from the registry and notify each
6-14 state or federal registry that the department knows has registered
6-15 the order that the order has been corrected or is no longer in
6-16 effect.
6-17 (g) The department may not charge a fee for the registration
6-18 of a foreign protective order.
6-19 Sec. 88.007. IMMUNITY. A state or local governmental
6-20 agency, law enforcement officer, prosecuting attorney, clerk of
6-21 court, or any state or local governmental official acting in an
6-22 official capacity is immune from civil and criminal liability for
6-23 an act or omission arising from the registration or enforcement of
6-24 a foreign protective order or the detention or arrest of a person
6-25 alleged to have violated a foreign protective order if the act or
6-26 omission is done in good faith in an effort to comply with this
6-27 chapter.
7-1 [Sec. 88.001. FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM
7-2 ANOTHER JURISDICTION. (a) Except as provided by Subsection (b), a
7-3 protective order from another jurisdiction shall be accorded full
7-4 faith and credit by the courts of this state and enforced as if the
7-5 order were rendered by a court in this state.]
7-6 [(b) A protective order from another jurisdiction rendered
7-7 against both the applicant and respondent is not enforceable
7-8 against the applicant in this state unless:]
7-9 [(1) the respondent filed a cross or counter petition,
7-10 complaint, or other written pleading seeking a protective order
7-11 against the applicant; and]
7-12 [(2) the issuing court determined that each party was
7-13 entitled to a protective order.]
7-14 [Sec. 88.002. PRESUMPTION OF VALIDITY. A protective order
7-15 from another jurisdiction is presumed to be valid if the order
7-16 appears authentic on the order's face.]
7-17 [Sec. 88.003. AFFIRMATIVE DEFENSE. It is an affirmative
7-18 defense in any action seeking enforcement of a protective order
7-19 rendered in another jurisdiction that the respondent was not given
7-20 reasonable notice and an opportunity to be heard consistent with
7-21 due process either:]
7-22 [(1) before the date the order was rendered; or]
7-23 [(2) in the case of an ex parte order, within the time
7-24 required by the jurisdiction rendering the order after the date the
7-25 order was rendered, but not later than a reasonable time.]
7-26 [Sec. 88.004. ENFORCEMENT OF AN ORDER. A protective order
7-27 from another jurisdiction may be enforced even if the order is not
8-1 entered into the state law enforcement information system
8-2 maintained by the Department of Public Safety.]
8-3 SECTION 2. Sections 71.008 and 86.005, Family Code, are
8-4 repealed.
8-5 SECTION 3. This Act takes effect September 1, 2001, and
8-6 applies to an action to enforce a foreign protective order filed on
8-7 or after that date. An action to enforce a foreign protective
8-8 order filed before the effective date of this Act is governed by
8-9 the law in effect on the date the action was filed, and that law is
8-10 continued in effect for that purpose.