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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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JohnsonX |
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CreightonX |
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HinojosaX |
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MiddletonX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement and administration of certain |
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protective orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 83, Family Code, is amended by adding |
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Section 83.0025 to read as follows: |
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Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. A |
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temporary ex parte order rendered under this chapter is enforceable |
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to the same extent and in the same manner as a final protective |
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order rendered under Chapter 85. |
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SECTION 2. Section 86.001(b), Family Code, is amended to |
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read as follows: |
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(b) A law enforcement agency shall [may] enter a protective |
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order in the agency's computer records of outstanding warrants as |
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notice that the order has been issued and is currently in effect. On |
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receipt of notification by a clerk of court that the court has |
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vacated or dismissed an order, the law enforcement agency shall |
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remove the order from the agency's computer record of outstanding |
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warrants. |
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SECTION 3. Section 86.0011(a), Family Code, is amended to |
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read as follows: |
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(a) On receipt of an original or modified protective order |
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from the clerk of the issuing court, or on receipt of information |
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pertaining to the date of confinement or imprisonment or date of |
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release of a person subject to the protective order, a law |
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enforcement agency shall immediately, but not later than the next |
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[third] business day after the date the order or information is |
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received, enter the information required by Section 411.042(b)(6), |
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Government Code, into the statewide law enforcement information |
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system maintained by the Department of Public Safety. |
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SECTION 4. Section 87.004(b), Family Code, is amended to |
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read as follows: |
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(b) The clerk of the court shall attach the notification of |
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change to the protective order and shall deliver a copy of the |
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notification to: |
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(1) the respondent by registered or certified mail as |
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provided by Rule 21a, Texas Rules of Civil Procedure; and |
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(2) any other person entitled to a copy of the order |
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under Section 85.042. |
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SECTION 5. (a) Section 83.0025, Family Code, as added by |
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this Act, applies to a temporary ex parte protective order rendered |
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under Chapter 83, Family Code, regardless of whether the order was |
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rendered before, on, or after the effective date of this Act. |
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(b) Sections 86.001(b) and 86.0011(a), Family Code, as |
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amended by this Act, apply only to information regarding a |
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protective order received by a law enforcement agency on or after |
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the effective date of this Act. |
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(c) Section 87.004(b), Family Code, as amended by this Act, |
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applies only to a notification of change of address or telephone |
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number filed with the court on or after the effective date of this |
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Act. |
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SECTION 6. This Act takes effect September 1, 2023. |
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* * * * * |