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BILL ANALYSIS

 

 

 

C.S.H.B. 3139

By: Bowers

Juvenile Justice & Family Issues

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

It has been suggested that the procedure by which notice of a temporary ex parte protective order is served does not sufficiently hold the respondent accountable or ensure that the respondent receives the notice. To increase respondent accountability, C.S.H.B. 3139 seeks to require that notice of such a protective order be served personally on the respondent.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 3139 amends the Family Code to require notice of a temporary ex parte protective order to be served personally on the respondent.

 

EFFECTIVE DATE

 

September 1, 2019.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 3139 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute does not include a provision relating to the manner in which a notice of an application for a protective order must be served on the person. The substitute includes a provision requiring notice of a temporary ex parte protective order to be served personally on the respondent.