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A BILL TO BE ENTITLED
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AN ACT
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relating to service of a temporary ex parte order issued in response |
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to an application for a protective order in circumstances involving |
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family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.043, Family Code, is amended by |
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adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as |
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follows: |
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(c-1) A constable's office or law enforcement agency with |
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responsibility for serving a notice of an application for a |
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protective order together with an associated temporary ex parte |
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order issued under Section 83.001 shall: |
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(1) make the initial attempt to serve the notice and |
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order, and two additional attempts if necessary, within the 48-hour |
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period immediately following receipt of the notice and order by the |
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office or agency; |
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(2) if the initial attempt to serve the notice and |
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order is unsuccessful, make at least one of the subsequent two |
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attempts at a different location than the location of the initial |
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attempt, except as provided by Subsection (c-2); and |
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(3) send a copy of the notice and order to the |
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respondent by first class mail to the respondent's last known |
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mailing address within the 24-hour period immediately following |
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receipt of the notice and order by the office or agency, unless |
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personal service is completed during that period or a mailing |
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address for the respondent is unknown. |
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(c-2) Subsection (c-1)(2) does not apply if a different |
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location is unknown and cannot be identified through a background |
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check of the respondent conducted by the constable's office or law |
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enforcement agency. |
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(c-3) A constable's office or law enforcement agency that is |
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unable to personally serve a notice of an application for a |
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protective order and an associated temporary ex parte order issued |
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under Section 83.001 within the 48-hour period required by |
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Subsection (c-1) after at least three attempts made in compliance |
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with Subsection (c-1) shall seek a court order authorizing the |
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office or agency to serve the respondent by affixing the notice and |
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order to the front door of the respondent's last known residence. |
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The office or agency shall provide the court with a sworn statement |
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that describes the efforts made to personally serve the respondent, |
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including the times and locations of each attempt to provide |
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personal service. |
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(c-4) If the court orders the alternate method of service |
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described by Subsection (c-3), that method of service is sufficient |
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to subject the respondent to being taken into custody for a |
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violation of the temporary ex parte order that occurs after service |
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of the order, as provided by Section 25.07, Penal Code, and Section |
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11c, Article I, Texas Constitution. |
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SECTION 2. Section 82.043, Family Code, as amended by this |
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Act, applies only to a notice of an application for a protective |
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order and associated temporary ex parte order received by a |
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constable's office or law enforcement agency on or after the |
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effective date of this Act. An application for a protective order |
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and associated temporary ex parte order received by a constable's |
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office or law enforcement agency before the effective date of this |
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Act is governed by the law in effect on the date the application and |
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order are received, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |