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.
1-49 * * * * *