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                                  * * * * *