BILL ANALYSIS

 

 

Senate Research Center

H.B. 3698

88R14258 MZM-D

By: Landgraf (Zaffirini)

 

Jurisprudence

 

5/8/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The protective order registry's current lack of accessibility and effectiveness is due to the absence of aliases, nicknames, or misspellings. H.B. 3698 aims to address this issue by requiring the inclusion of aliases, nicknames, and misspellings in the registry and granting magistrates equal access to the information. This bill would enhance the system's effectiveness and promote safety and protection for those in need by making it easier to find a person's protective order information.

 

H.B. 3698 amends current law relating to expanding access to the protective order registry and the inclusion of certain information regarding a person who is the subject of a protective order in that registry.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 72.154(a), Government Code, to require that the protective order registry be searchable by certain criteria, including by any known common misspellings of the name of a person who is the subject of the protective order, and any known aliases of a person who is the subject of the protective order. Makes nonsubstantive changes.

 

SECTION 2. Amends Section 72.155, Government Code, as follows:

 

Sec. 72.155.� RESTRICTED ACCESS TO PROTECTIVE ORDER REGISTRY.� (a)� Authorizes only an authorized user, including a magistrate, to access certain information under the registry.

 

(b) Requires the Office of Court Administration of the Texas Judicial System to ensure that an authorized user, including a magistrate, is able to search for and receive a copy of a filed application for a protective order or a copy of an issued protective order through the registry's Internet website.

 

SECTION 3. Effective date: September 1, 2023.