Texas 2015 - 84th Regular

Texas House Bill HB3128 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R26197 KKA-D
2	2		By: Dale H.B. No. 3128
3		-	Substitute the following for H.B. No. 3128:
4		-	By: Dutton C.S.H.B. No. 3128
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to service of a temporary ex parte order issued in response
10	8		to an application for a protective order in circumstances involving
11	9		family violence.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 82.043, Family Code, is amended by
14	12		adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as
15	13		follows:
16	14		(c-1) A constable's office or law enforcement agency with
17	15		responsibility for serving a notice of an application for a
18	16		protective order together with an associated temporary ex parte
19	17		order issued under Section 83.001 shall:
20	18		(1) make the initial attempt to serve the notice and
21	19		order, and two additional attempts if necessary, within the 48-hour
22	20		period immediately following receipt of the notice and order by the
23	21		office or agency;
24	22		(2) if the initial attempt to serve the notice and
25	23		order is unsuccessful, make at least one of the subsequent two
26	24		attempts at a different location than the location of the initial
27	25		attempt, except as provided by Subsection (c-2); and
28	26		(3) send a copy of the notice and order to the
29	27		respondent by first class mail to the respondent's last known
30	28		mailing address within the 24-hour period immediately following
31	29		receipt of the notice and order by the office or agency, unless
32	30		personal service is completed during that period or a mailing
33	31		address for the respondent is unknown.
34	32		(c-2) Subsection (c-1)(2) does not apply if a different
35	33		location is unknown and cannot be identified through a background
36	34		check of the respondent conducted by the constable's office or law
37	35		enforcement agency.
38	36		(c-3) A constable's office or law enforcement agency that is
39	37		unable to personally serve a notice of an application for a
40	38		protective order and an associated temporary ex parte order issued
41	39		under Section 83.001 within the 48-hour period required by
42	40		Subsection (c-1) after at least three attempts made in compliance
43	41		with Subsection (c-1) shall seek a court order authorizing the
44	42		office or agency to serve the respondent by affixing the notice and
45	43		order to the front door of the respondent's last known residence.
46	44		The office or agency shall provide the court with a sworn statement
47	45		that describes the efforts made to personally serve the respondent,
48	46		including the times and locations of each attempt to provide
49	47		personal service.
50	48		(c-4) If the court orders the alternate method of service
51	49		described by Subsection (c-3), that method of service is sufficient
52	50		to subject the respondent to being taken into custody for a
53	51		violation of the temporary ex parte order that occurs after service
54	52		of the order, as provided by Section 25.07, Penal Code, and Section
55	53		11c, Article I, Texas Constitution.
56	54		SECTION 2. Section 82.043, Family Code, as amended by this
57	55		Act, applies only to a notice of an application for a protective
58	56		order and associated temporary ex parte order received by a
59	57		constable's office or law enforcement agency on or after the
60	58		effective date of this Act. An application for a protective order
61	59		and associated temporary ex parte order received by a constable's
62	60		office or law enforcement agency before the effective date of this
63	61		Act is governed by the law in effect on the date the application and
64	62		order are received, and the former law is continued in effect for
65	63		that purpose.
66	64		SECTION 3. This Act takes effect September 1, 2015.