84R7432 KKA-D

By: Dale H.B. No. 3128

A BILL TO BE ENTITLED

AN ACT

relating to service of a temporary ex parte order issued in response to an application for a protective order in circumstances involving family violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 82.043, Family Code, is amended by adding Subsections (c-1), (c-2), and (c-3) to read as follows:

(c-1) A constable's office or law enforcement agency with responsibility for serving a notice of an application for a protective order together with an associated temporary ex parte order issued under Section 83.001 shall:

(1) make the initial attempt to serve the notice and order, and two additional attempts if necessary, within the 48-hour period immediately following receipt of the notice and order by the office or agency;

(2) if the initial attempt to serve the notice and order is unsuccessful, make at least one of the subsequent two attempts at a different location than the location of the initial attempt, except as provided by Subsection (c-2); and

(3) send a copy of the notice and order to the respondent by first class mail to the respondent's last known mailing address within the 24-hour period immediately following receipt of the notice and order by the office or agency, unless personal service is completed during that period or a mailing address for the respondent is unknown.

(c-2) Subsection (c-1)(2) does not apply if a different location is unknown and cannot be identified through a background check of the respondent conducted by the constable's office or law enforcement agency.

(c-3) A constable's office or law enforcement agency that is unable to personally serve a notice of an application for a protective order and an associated temporary ex parte order issued under Section 83.001 within the 48-hour period required by Subsection (c-1) after at least three attempts made in compliance with Subsection (c-1) may serve the respondent by affixing the notice and order to the front door of the respondent's last known residence. The method of service authorized by this subsection:

(1) does not require a court order directing that method of service, notwithstanding any other provision of law or the Texas Rules of Civil Procedure;

(2) is sufficient to subject the respondent to being taken into custody for a violation of the temporary ex parte order that occurs after service of the order, as provided by Section 25.07, Penal Code, and Section 11c, Article I, Texas Constitution; and

(3) does not affect any other method of service authorized by law or the Texas Rules of Civil Procedure.

SECTION 2. Section 82.043, Family Code, as amended by this Act, applies only to a notice of an application for a protective order and associated temporary ex parte order received by a constable's office or law enforcement agency on or after the effective date of this Act. An application for a protective order and associated temporary ex parte order received by a constable's office or law enforcement agency before the effective date of this Act is governed by the law in effect on the date the application and order are received, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.