87R7734 MEW-D
 
  By: Landgraf H.B. No. 2702
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the protective order registry maintained by the Office
  of Court Administration of the Texas Judicial System and the
  removal of a vacated protective order from the registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 72.151(3), Government Code, is amended
  to read as follows:
               (3)  "Protective order" means:
                     (A)  an order issued by a court in this state under
  Chapter 83 or 85, Family Code, to prevent family violence, as
  defined by Section 71.004, Family Code;
                     (B)  an order issued by a court in this state under
  Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
  sexual assault or abuse, stalking, trafficking, or other harm to
  the applicant; or
                     (C)  [.  The term includes] a magistrate's order
  for emergency protection issued under Article 17.292, Code of
  Criminal Procedure, with respect to a person who is arrested for an
  offense involving family violence.
         SECTION 2.  Section 72.152, Government Code, is amended to
  read as follows:
         Sec. 72.152.  APPLICABILITY. This subchapter applies only
  to:
               (1)  an application for a protective order filed under:
                     (A)  Chapter 82, Family Code;
                     (B)  Subchapter A, Chapter 7B, Code of Criminal
  Procedure; or
                     (C) [(B)]  Article 17.292, Code of Criminal
  Procedure, with respect to a person who is arrested for an offense
  involving family violence; and
               (2)  a protective order issued under:
                     (A)  Chapter 83 or 85, Family Code;
                     (B)  Subchapter A, Chapter 7B, Code of Criminal
  Procedure; or
                     (C) [(B)]  Article 17.292, Code of Criminal
  Procedure, with respect to a person who is arrested for an offense
  involving family violence.
         SECTION 3.  Sections 72.154(b) and (d), Government Code, are
  amended to read as follows:
         (b)  Publicly accessible information regarding each
  protective order must consist of the following:
               (1)  the court that issued the protective order;
               (2)  the case number;
               (3)  the full name, county of residence, birth year,
  and race or ethnicity of the person who is the subject of the
  protective order;
               (4)  the dates the protective order was issued and
  served; and
               (5)  [the date the protective order was vacated, if
  applicable; and
               [(6)]  the date the protective order expired or will
  expire, as applicable.
         (d)  The office may not allow a member of the public to access
  through the registry any information related to a protective order
  issued under Article 7B.002 or 17.292, Code of Criminal Procedure,
  or Chapter 83, Family Code.
         SECTION 4.  Section 72.155(a), Government Code, is amended
  to read as follows:
         (a)  The registry must include a copy of each application for
  a protective order filed in this state and a copy of each protective
  order issued in this state, including an [a vacated or] expired
  order. Only an authorized user, the attorney general, a district
  attorney, a criminal district attorney, a county attorney, a
  municipal attorney, or a peace officer may access that information
  under the registry.
         SECTION 5.  Section 72.157, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  For a protective order [that is vacated or] that has
  expired, the clerk of the applicable court shall modify the record
  of the order in the registry to reflect the order's status as
  [vacated or] expired.
         (b-1)  For a protective order that is vacated, the clerk of
  the applicable court shall remove the record of the order from the
  registry.
         SECTION 6.  Section 72.158(a), Government Code, is amended
  to read as follows:
         (a)  The office shall ensure that the public may access
  information about protective orders, other than information about
  orders under Article 7B.002 or 17.292, Code of Criminal Procedure,
  or Chapter 83, Family Code, through the registry, only if:
               (1)  a protected person requests that the office grant
  the public the ability to access the information described by
  Section 72.154(b) for the order protecting the person; and
               (2)  the office approves the request.
         SECTION 7.  Section 72.152, Government Code, as amended by
  this Act, applies only to an application for a protective order
  filed or a protective order issued on or after the effective date of
  this Act.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the Office of Court Administration of the Texas
  Judicial System shall remove the record of any protective orders
  that have been vacated from the protective order registry
  established under Subchapter F, Chapter 72, Government Code, as
  amended by this Act.
         SECTION 9.  This Act takes effect September 1, 2021.