Texas 2017 - 85th Regular

Texas House Bill HB461 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	85R1831 KSD-D
2	2	By: Dale, Villalba H.B. No. 461
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to service of a temporary ex parte order issued in response
8	8	to an application for a protective order in circumstances involving
9	9	family violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 82.043, Family Code, is amended by
12	12	adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as
13	13	follows:
14	14	(c-1) A constable's office or law enforcement agency with
15	15	responsibility for serving a notice of an application for a
16	16	protective order together with an associated temporary ex parte
17	17	order issued under Section 83.001 shall:
18	18	(1) make the initial attempt to serve the notice and
19	19	order, and two additional attempts if necessary, within the 48-hour
20	20	period immediately following receipt of the notice and order by the
21	21	office or agency;
22	22	(2) if the initial attempt to serve the notice and
23	23	order is unsuccessful, make at least one of the subsequent two
24	24	attempts at a different location than the location of the initial
25	25	attempt, except as provided by Subsection (c-2); and
26	26	(3) send a copy of the notice and order to the
27	27	respondent by first class mail to the respondent's last known
28	28	mailing address within the 24-hour period immediately following
29	29	receipt of the notice and order by the office or agency, unless
30	30	personal service is completed during that period or a mailing
31	31	address for the respondent is unknown.
32	32	(c-2) Subsection (c-1)(2) does not apply if a different
33	33	location is unknown and cannot be identified through a background
34	34	check of the respondent conducted by the constable's office or law
35	35	enforcement agency.
36	36	(c-3) A constable's office or law enforcement agency that is
37	37	unable to personally serve a notice of an application for a
38	38	protective order and an associated temporary ex parte order issued
39	39	under Section 83.001 within the 48-hour period required by
40	40	Subsection (c-1) after at least three attempts made in compliance
41	41	with Subsection (c-1) shall seek a court order authorizing the
42	42	office or agency to serve the respondent by affixing the notice and
43	43	order to the front door of the respondent's last known residence.
44	44	The office or agency shall provide the court with a sworn statement
45	45	that describes the efforts made to personally serve the respondent,
46	46	including the times and locations of each attempt to provide
47	47	personal service.
48	48	(c-4) If the court orders the alternate method of service
49	49	described by Subsection (c-3), that method of service is sufficient
50	50	to subject the respondent to being taken into custody for a
51	51	violation of the temporary ex parte order that occurs after service
52	52	of the order, as provided by Section 25.07, Penal Code, and Section
53	53	11c, Article I, Texas Constitution.
54	54	SECTION 2. Section 82.043, Family Code, as amended by this
55	55	Act, applies only to a notice of an application for a protective
56	56	order and associated temporary ex parte order received by a
57	57	constable's office or law enforcement agency on or after the
58	58	effective date of this Act. An application for a protective order
59	59	and associated temporary ex parte order received by a constable's
60	60	office or law enforcement agency before the effective date of this
61	61	Act is governed by the law in effect on the date the application and
62	62	order are received, and the former law is continued in effect for
63	63	that purpose.
64	64	SECTION 3. This Act takes effect September 1, 2017.