1-1 By: Goodman, et al. (Senate Sponsor - West) H.B. No. 919
1-2 (In the Senate - Received from the House March 28, 2001;
1-3 March 29, 2001, read first time and referred to Committee on
1-4 Jurisprudence; April 18, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 18, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the uniform enforcement of protective orders from other
1-9 states.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 86.005, Family Code, is amended to read as
1-12 follows:
1-13 Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
1-14 [(a)] To ensure that law enforcement officers responding to calls
1-15 are aware of the existence and terms of a protective order from
1-16 another jurisdiction, each law enforcement agency shall establish
1-17 procedures in the agency to provide adequate information or access
1-18 to information for law enforcement officers regarding the name of
1-19 each person protected by an order rendered in another jurisdiction
1-20 and of each person against whom the protective order is directed.
1-21 [(b) Unless a law enforcement officer knows that the
1-22 protective order has expired, the officer shall rely on:]
1-23 [(1) a copy of a protective order from another
1-24 jurisdiction that has been provided to the officer by any source;
1-25 and]
1-26 [(2) the statement by a person protected by the order
1-27 that the order remains in effect.]
1-28 [(c) A law enforcement officer acting in good faith is not
1-29 subject to civil or criminal liability for any action arising in
1-30 connection with the enforcement of a protective order issued in
1-31 another jurisdiction that a court later determines was not entitled
1-32 to full faith and credit under Chapter 88.]
1-33 SECTION 2. Chapter 88, Family Code, is amended to read as
1-34 follows:
1-35 CHAPTER 88. UNIFORM INTERSTATE ENFORCEMENT OF
1-36 PROTECTIVE ORDERS ACT [ORDER FROM ANOTHER JURISDICTION]
1-37 Sec. 88.001. SHORT TITLE. This chapter may be cited as the
1-38 Uniform Interstate Enforcement of Domestic Violence Protection
1-39 Orders Act.
1-40 Sec. 88.002. DEFINITIONS. In this chapter:
1-41 (1) "Foreign protective order" means a protective
1-42 order issued by a tribunal of another state.
1-43 (2) "Issuing state" means the state in which a
1-44 tribunal issues a protective order.
1-45 (3) "Mutual foreign protective order" means a foreign
1-46 protective order that includes provisions issued in favor of both
1-47 the protected individual seeking enforcement of the order and the
1-48 respondent.
1-49 (4) "Protected individual" means an individual
1-50 protected by a protective order.
1-51 (5) "Protective order" means an injunction or other
1-52 order, issued by a tribunal under the domestic violence or family
1-53 violence laws or another law of the issuing state, to prevent an
1-54 individual from engaging in violent or threatening acts against,
1-55 harassing, contacting or communicating with, or being in physical
1-56 proximity to another individual.
1-57 (6) "Respondent" means the individual against whom
1-58 enforcement of a protective order is sought.
1-59 (7) "State" means a state of the United States, the
1-60 District of Columbia, the Commonwealth of Puerto Rico, the United
1-61 States Virgin Islands, or a territory or insular possession subject
1-62 to the jurisdiction of the United States. The term includes a
1-63 military tribunal of the United States, an Indian tribe or band,
1-64 and an Alaskan native village that has jurisdiction to issue
2-1 protective orders.
2-2 (8) "Tribunal" means a court, agency, or other entity
2-3 authorized by law to issue or modify a protective order.
2-4 Sec. 88.003. JUDICIAL ENFORCEMENT OF ORDER. (a) A tribunal
2-5 of this state shall enforce the terms of a foreign protective
2-6 order, including a term that provides relief that a tribunal of
2-7 this state would not have power to provide but for this section.
2-8 The tribunal shall enforce the order regardless of whether the
2-9 order was obtained by independent action or in another proceeding,
2-10 if the order is an order issued in response to a complaint,
2-11 petition, or motion filed by or on behalf of an individual seeking
2-12 protection. In a proceeding to enforce a foreign protective order,
2-13 the tribunal shall follow the procedures of this state for the
2-14 enforcement of protective orders.
2-15 (b) A tribunal of this state shall enforce the provisions of
2-16 the foreign protective order that govern the possession of and
2-17 access to a child if the provisions were issued in accordance with
2-18 the jurisdictional requirements governing the issuance of
2-19 possession and access orders in the issuing state.
2-20 (c) A tribunal of this state may enforce a provision of the
2-21 foreign protective order relating to child support if the order was
2-22 issued in accordance with the jurisdictional requirements of
2-23 Chapter 159 and the federal Full Faith and Credit for Child Support
2-24 Orders Act, 28 U.S.C. Section 1738B, as amended.
2-25 (d) A foreign protective order is valid if the order:
2-26 (1) names the protected individual and the respondent;
2-27 (2) is currently in effect;
2-28 (3) was rendered by a tribunal that had jurisdiction
2-29 over the parties and the subject matter under the law of the
2-30 issuing state; and
2-31 (4) was rendered after the respondent was given
2-32 reasonable notice and an opportunity to be heard consistent with
2-33 the right to due process, either:
2-34 (A) before the tribunal issued the order; or
2-35 (B) in the case of an ex parte order, within a
2-36 reasonable time after the order was rendered.
2-37 (e) A protected individual seeking enforcement of a foreign
2-38 protective order establishes a prima facie case for its validity by
2-39 presenting an order that is valid on its face.
2-40 (f) It is an affirmative defense in an action seeking
2-41 enforcement of a foreign protective order that the order does not
2-42 meet the requirements for a valid order under Subsection (d).
2-43 (g) A tribunal of this state may enforce the provisions of a
2-44 mutual foreign protective order that favor a respondent only if:
2-45 (1) the respondent filed a written pleading seeking a
2-46 protective order from the tribunal of the issuing state; and
2-47 (2) the tribunal of the issuing state made specific
2-48 findings in favor of the respondent.
2-49 Sec. 88.004. NONJUDICIAL ENFORCEMENT OF ORDER. (a) A law
2-50 enforcement officer of this state, on determining that there is
2-51 probable cause to believe that a valid foreign protective order
2-52 exists and that the order has been violated, shall enforce the
2-53 foreign protective order as if it were an order of a tribunal of
2-54 this state. A law enforcement officer has probable cause to
2-55 believe that a foreign protective order exists if the protected
2-56 individual presents a foreign protective order that identifies both
2-57 the protected individual and the respondent and on its face, is
2-58 currently in effect.
2-59 (b) For the purposes of this section, a foreign protective
2-60 order may be inscribed on a tangible medium or may be stored in an
2-61 electronic or other medium if it is retrievable in a perceivable
2-62 form. Presentation of a certified copy of a protective order is
2-63 not required for enforcement.
2-64 (c) If a protected individual does not present a foreign
2-65 protective order, a law enforcement officer may determine that
2-66 there is probable cause to believe that a valid foreign protective
2-67 order exists by relying on any relevant information.
2-68 (d) A law enforcement officer of this state who determines
2-69 that an otherwise valid foreign protective order cannot be enforced
3-1 because the respondent has not been notified or served with the
3-2 order shall inform the respondent of the order and make a
3-3 reasonable effort to serve the order on the respondent. After
3-4 informing the respondent and attempting to serve the order, the
3-5 officer shall allow the respondent a reasonable opportunity to
3-6 comply with the order before enforcing the order.
3-7 (e) The registration or filing of an order in this state is
3-8 not required for the enforcement of a valid foreign protective
3-9 order under this chapter.
3-10 Sec. 88.005. REGISTRATION OF ORDER. (a) An individual may
3-11 register a foreign protective order in this state. To register a
3-12 foreign protective order, an individual shall:
3-13 (1) present a certified copy of the order to a
3-14 sheriff, constable, or chief of police responsible for the
3-15 registration of orders in the local computer records and in the
3-16 statewide law enforcement system maintained by the Texas Department
3-17 of Public Safety; or
3-18 (2) present a certified copy of the order to the
3-19 Department of Public Safety and request that the order be
3-20 registered in the statewide law enforcement system maintained by
3-21 the Department of Public Safety.
3-22 (b) On receipt of a foreign protective order, the agency
3-23 responsible for the registration of protective orders shall
3-24 register the order in accordance with this section and furnish to
3-25 the individual registering the order a certified copy of the
3-26 registered order.
3-27 (c) The agency responsible for the registration of
3-28 protective orders shall register a foreign protective order on
3-29 presentation of a copy of a protective order that has been
3-30 certified by the issuing state. A registered foreign protective
3-31 order that is inaccurate or not currently in effect shall be
3-32 corrected or removed from the registry in accordance with the law
3-33 of this state.
3-34 (d) An individual registering a foreign protective order
3-35 shall file an affidavit made by the protected individual that, to
3-36 the best of the protected individual's knowledge, the order is in
3-37 effect.
3-38 (e) A foreign protective order registered under this section
3-39 may be entered in any existing state or federal registry of
3-40 protective orders, in accordance with state or federal law.
3-41 (f) A fee may not be charged for the registration of a
3-42 foreign protective order.
3-43 Sec. 88.006. IMMUNITY. A state or local governmental agency,
3-44 law enforcement officer, prosecuting attorney, clerk of court, or
3-45 any state or local governmental official acting in an official
3-46 capacity is immune from civil and criminal liability for an act or
3-47 omission arising from the registration or enforcement of a foreign
3-48 protective order or the detention or arrest of a person alleged to
3-49 have violated a foreign protective order if the act or omission was
3-50 done in good faith in an effort to comply with this chapter.
3-51 Sec. 88.007. OTHER REMEDIES. A protected individual who
3-52 pursues a remedy under this chapter is not precluded from pursuing
3-53 other legal or equitable remedies against the respondent.
3-54 Sec. 88.008. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In
3-55 applying and construing this chapter, consideration shall be given
3-56 to the need to promote uniformity of the law with respect to its
3-57 subject matter among the states that enact the Uniform Interstate
3-58 Enforcement of Domestic Violence Protection Orders Act.
3-59 [Sec. 88.001. FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM
3-60 ANOTHER JURISDICTION. (a) Except as provided by Subsection (b), a
3-61 protective order from another jurisdiction shall be accorded full
3-62 faith and credit by the courts of this state and enforced as if the
3-63 order were rendered by a court in this state.]
3-64 [(b) A protective order from another jurisdiction rendered
3-65 against both the applicant and respondent is not enforceable
3-66 against the applicant in this state unless:]
3-67 [(1) the respondent filed a cross or counter petition,
3-68 complaint, or other written pleading seeking a protective order
3-69 against the applicant; and]
4-1 [(2) the issuing court determined that each party was
4-2 entitled to a protective order.]
4-3 [Sec. 88.002. PRESUMPTION OF VALIDITY. A protective order
4-4 from another jurisdiction is presumed to be valid if the order
4-5 appears authentic on the order's face.]
4-6 [Sec. 88.003. AFFIRMATIVE DEFENSE. It is an affirmative
4-7 defense in any action seeking enforcement of a protective order
4-8 rendered in another jurisdiction that the respondent was not given
4-9 reasonable notice and an opportunity to be heard consistent with
4-10 due process either:]
4-11 [(1) before the date the order was rendered; or]
4-12 [(2) in the case of an ex parte order, within the time
4-13 required by the jurisdiction rendering the order after the date the
4-14 order was rendered, but not later than a reasonable time.]
4-15 [Sec. 88.004. ENFORCEMENT OF AN ORDER. A protective order
4-16 from another jurisdiction may be enforced even if the order is not
4-17 entered into the state law enforcement information system
4-18 maintained by the Department of Public Safety.]
4-19 SECTION 3. Section 71.008, Family Code, is repealed.
4-20 SECTION 4. This Act takes effect September 1, 2001, and
4-21 applies to an action to enforce a foreign protective order filed on
4-22 or after that date. An action to enforce a foreign protective
4-23 order filed before the effective date of this Act is governed by
4-24 the law in effect on the date the action was filed, and that law is
4-25 continued in effect for that purpose.
4-26 * * * * *