By West S.B. No. 479
77R1710 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the entry of protective order information in the
1-3 statewide law enforcement information system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 85.042(a) and (d), Family Code, are
1-6 amended to read as follows:
1-7 (a) The clerk of the court issuing an original or modified
1-8 protective order under this subtitle shall send a copy of the
1-9 order, along with the information provided by the applicant or the
1-10 applicant's attorney that is required under Section 411.042(b)(6)
1-11 [411.042(b)(5)], Government Code, to the chief of police of the
1-12 municipality in which the member of the family or household
1-13 protected by the order resides, if the person resides in a
1-14 municipality, or to the appropriate constable and the sheriff of
1-15 the county in which the person resides, if the person does not
1-16 reside in a municipality. [The chief of police or constable and
1-17 sheriff shall enter the information into the statewide law
1-18 enforcement information system.]
1-19 (d) The applicant or the applicant's attorney shall provide
1-20 to the clerk of the court:
1-21 (1) the name and address of each law enforcement
1-22 agency, child-care facility, and school to which the clerk is
1-23 required to mail a copy of the order under this section; and
1-24 (2) any other information required under Section
2-1 411.042(b)(6) [411.042(b)(5)], Government Code.
2-2 SECTION 2. Chapter 86, Family Code, is amended by adding
2-3 Section 86.0011 to read as follows:
2-4 Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
2-5 ENFORCEMENT INFORMATION SYSTEM. On receipt of an original or
2-6 modified protective order from the clerk of the issuing court, a
2-7 law enforcement agency shall immediately, but not later than the
2-8 10th day after the date the order is received, enter the
2-9 information required by Section 411.042(b)(6), Government Code,
2-10 into the statewide law enforcement information system maintained by
2-11 the Department of Public Safety.
2-12 SECTION 3. (a) This Act takes effect September 1, 2001.
2-13 (b) The change in law made by this Act applies only to a
2-14 protective order issued or modified on or after the effective date
2-15 of this Act. A protective order issued or modified before the
2-16 effective date of this Act is governed by the law in effect on the
2-17 date the order was issued or modified, and the former law is
2-18 continued in effect for that purpose.