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.