1-1     By:  West                                              S.B. No. 479
 1-2           (In the Senate - Filed January 30, 2001; February 1, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     February 13, 2001, reported favorably by the following vote:  Yeas
 1-5     5, Nays 0; February 13, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the entry of protective order information in the
 1-9     statewide law enforcement information system.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsections (a) and (b), Section 85.042, Family
1-12     Code, are amended to read as follows:
1-13           (a)  The clerk of the court issuing an original or modified
1-14     protective order under this subtitle shall send a copy of the
1-15     order, along with the information provided by the applicant or the
1-16     applicant's attorney that is required under Section 411.042(b)(6)
1-17     [411.042(b)(5)], Government Code, to the chief of police of the
1-18     municipality in which the member of the family or household
1-19     protected by the order resides, if the person resides in a
1-20     municipality, or to the appropriate constable and the sheriff of
1-21     the county in which the person resides, if the person does not
1-22     reside in a municipality.  [The chief of police or constable and
1-23     sheriff shall enter the information into the statewide law
1-24     enforcement information system.]
1-25           (d)  The applicant or the applicant's attorney shall provide
1-26     to the clerk of the court:
1-27                 (1)  the name and address of each law enforcement
1-28     agency, child-care facility, and school to which the clerk is
1-29     required to mail a copy of the order under this section; and
1-30                 (2)  any other information required under Section
1-31     411.042(b)(6) [411.042(b)(5)], Government Code.
1-32           SECTION 2.  Chapter 86, Family Code, is amended by adding
1-33     Section 86.0011 to read as follows:
1-34           Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
1-35     ENFORCEMENT INFORMATION SYSTEM.  On receipt of an original or
1-36     modified protective order from the clerk of the issuing court, a
1-37     law enforcement agency shall immediately, but not later than the
1-38     10th day after the date the order is received, enter the
1-39     information required by Section 411.042(b)(6), Government Code,
1-40     into the statewide law enforcement information system maintained by
1-41     the Department of Public Safety.
1-42           SECTION 3.  (a)  This Act takes effect September 1, 2001.
1-43           (b)  The change in law made by this Act applies only to a
1-44     protective order issued or modified on or after the effective date
1-45     of this Act.  A protective order issued or modified before the
1-46     effective date of this Act is governed by the law in effect on the
1-47     date the order was issued or modified, and the former law is
1-48     continued in effect for that purpose.
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