87R25803 TSS-F
 
  By: Zaffirini S.B. No. 1458
 
  (Neave)
 
  Substitute the following for S.B. No. 1458:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to standardized forms and materials for the issuance of
  protective orders, magistrate's orders for emergency protection,
  and temporary ex parte orders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 7B.001, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  A person filing an application under this article shall
  use the protective order application form created by the Office of
  Court Administration of the Texas Judicial System under Section
  72.036, Government Code, that is available on the office's Internet
  website.
         SECTION 2.  Subchapter A, Chapter 7B, Code of Criminal
  Procedure, is amended by adding Article 7B.0021 to read as follows:
         Art. 7B.0021.  STANDARD TEMPORARY EX PARTE ORDER FORM. The
  court shall use the standardized temporary ex parte order form
  created by the Office of Court Administration of the Texas Judicial
  System under Section 72.036, Government Code, to issue a temporary
  ex parte order under Article 7B.002.
         SECTION 3.  Article 7B.003, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  The court shall use the standardized protective order
  form created by the Office of Court Administration of the Texas
  Judicial System under Section 72.036, Government Code, to issue a
  protective order under this article.
         SECTION 4.  Article 17.292, Code of Criminal Procedure, is
  amended by adding Subsection (d-1) to read as follows:
         (d-1)  The magistrate shall use the standardized order for
  emergency protection form created by the Office of Court
  Administration of the Texas Judicial System under Section 72.036,
  Government Code, to issue an order for emergency protection under
  this article.
         SECTION 5.  Section 82.004, Family Code, is amended to read
  as follows:
         Sec. 82.004.  FORM AND CONTENT [CONTENTS] OF APPLICATION. A
  person filing an application under this chapter shall use the
  protective order application form created by the Office of Court
  Administration of the Texas Judicial System under Section 72.036,
  Government Code, that is available on the office's Internet
  website, and shall include in the application [An application must
  state]:
               (1)  the name and county of residence of each
  applicant;
               (2)  the name and county of residence of each
  individual alleged to have committed family violence;
               (3)  the relationships between the applicants and the
  individual alleged to have committed family violence;
               (4)  a request for one or more protective orders; and
               (5)  whether an applicant is receiving services from
  the Title IV-D agency in connection with a child support case and,
  if known, the agency case number for each open case.
         SECTION 6.  Chapter 83, Family Code, is amended by adding
  Section 83.007 to read as follows:
         Sec. 83.007.  STANDARD TEMPORARY EX PARTE ORDER FORM. The
  court shall use the standardized temporary ex parte order form
  created by the Office of Court Administration of the Texas Judicial
  System under Section 72.036, Government Code, to issue a temporary
  ex parte order under this chapter.
         SECTION 7.  Subchapter B, Chapter 85, Family Code, is
  amended by adding Section 85.0225 to read as follows:
         Sec. 85.0225.  STANDARD PROTECTIVE ORDER FORM. The court
  shall use the standardized protective order form created by the
  Office of Court Administration of the Texas Judicial System under
  Section 72.036, Government Code, to issue a protective order under
  this chapter.
         SECTION 8.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.036 to read as follows:
         Sec. 72.036.  PROTECTIVE ORDER APPLICATIONS, FORMS, AND
  MATERIALS. (a) The office shall develop and make available on the
  office's Internet website standardized forms and other materials
  necessary to apply for, issue, deny, revise, rescind, serve, and
  enforce any of the following:
               (1)  a protective order under Title 4, Family Code, or
  Subchapter A, Chapter 7B, Code of Criminal Procedure;
               (2)  a magistrate's order for emergency protection
  under Article 17.292, Code of Criminal Procedure; or
               (3)  a temporary ex parte order under Chapter 83,
  Family Code, or Article 7B.002, Code of Criminal Procedure.
         (b)  Each standardized form developed under Subsection (a)
  to be used by a magistrate or court issuing an order must include:
               (1)  the prohibitions and requirements imposed on the
  respondent;
               (2)  the duration of the order;
               (3)  the potential consequences of violating the order;
  and
               (4)  any other admonishments or warnings required by
  law.
         (c)  The materials developed under Subsection (a) must
  include a procedure to ensure that a copy of the order is
  transmitted to all required parties and all relevant information
  required by Section 411.042(b)(6) is entered into the statewide law
  enforcement information system maintained by the Department of
  Public Safety under Section 411.042 and any other applicable
  databases.
         (d)  In developing the required applications, forms, and
  materials, the office shall:
               (1)  consult with individuals, organizations, and
  state agencies that have knowledge and experience in the issues of
  protective orders, including:
                     (A)  the Texas Council on Family Violence;
                     (B)  the Department of Public Safety;
                     (C)  nonprofit organizations that advocate for
  the survivors of sexual assault or family violence;
                     (D)  individuals, organizations, and state
  agencies that provide training to judges, prosecutors, and law
  enforcement officers;
                     (E)  the judges or justices of courts of varying
  jurisdictions;
                     (F)  law enforcement agencies;
                     (G)  prosecutors; and
                     (H)  an organization that receives federal
  funding under the legal assistance for victims grant program and
  that has expertise in issues related to family violence, sexual
  assault, or stalking; and
               (2)  give consideration to promoting uniformity of law
  among the states that enact the Uniform Interstate Enforcement of
  Domestic Violence Protection Orders Act.
         SECTION 9.  As soon as practicable after the effective date
  of this Act, but not later than June 1, 2022, the Office of Court
  Administration of the Texas Judicial System shall create and make
  available on the office's Internet website all forms and materials
  required by Section 72.036, Government Code, as added by this Act.  
  If the office completes the forms and materials required by Section
  72.036, Government Code, as added by this Act, before June 1, 2022,
  the office shall notify each court clerk, judge, magistrate, and
  prosecution agency in the state of the availability of the forms and
  materials.
         SECTION 10.  Article 7B.001, Code of Criminal Procedure, as
  amended by this Act, and Section 82.004, Family Code, as amended by
  this Act, apply only to an application for a protective order that
  is filed on or after June 1, 2022.  An application for a protective
  order filed before June 1, 2022, is governed by the law in effect on
  the date the application is filed, and the former law is continued
  in effect for that purpose.
         SECTION 11.  Articles 7B.003 and 17.292, Code of Criminal
  Procedure, as amended by this Act, Article 7B.0021, Code of
  Criminal Procedure, as added by this Act, and Sections 83.007 and
  85.0225, Family Code, as added by this Act, apply only to a
  protective order, magistrate's order for emergency protection, or
  temporary ex parte order that is issued on or after June 1, 2022. An
  order issued before June 1, 2022, is governed by the law in effect
  on the date the order is issued, and the former law is continued in
  effect for that purpose.
         SECTION 12.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.