85R1831 KSD-D
 
  By: Dale, Villalba H.B. No. 461
 
 
 
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), (c-3), and (c-4) 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) shall seek a court order authorizing the
  office or agency to serve the respondent by affixing the notice and
  order to the front door of the respondent's last known residence.
  The office or agency shall provide the court with a sworn statement
  that describes the efforts made to personally serve the respondent,
  including the times and locations of each attempt to provide
  personal service.
         (c-4)  If the court orders the alternate method of service
  described by Subsection (c-3), that method of service 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.
         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, 2017.