86R8017 TSS-D
By: Watson S.B. No. 1946
A BILL TO BE ENTITLED
AN ACT
relating to a standardized form and materials necessary for
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 7A.01, 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
72.033, Government Code, and that is available on the office's
Internet website.
SECTION 2. Article 7A.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 7A.02. TEMPORARY EX PARTE ORDER. (a) If the court
finds from the information contained in an application for a
protective order that there is a clear and present danger of sexual
assault or abuse, stalking, trafficking, or other harm to the
applicant, the court, without further notice to the alleged
offender and without a hearing, may enter a temporary ex parte order
for the protection of the applicant or any other member of the
applicant's family or household.
(b) 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 72.033, Government Code, to
enter a temporary ex parte order under this article.
SECTION 3. Article 7A.03, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) The court shall use the standardized protective order
form created by the Office of Court Administration of the Texas
Judicial System under Section 72.033, Government Code, to enter 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 72.033,
Government Code, to enter an order for emergency protection under
this article.
SECTION 5. Section 82.004, Family Code, is amended to read
as follows:
Sec. 82.004. 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 72.033, Government Code,
and 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 72.033, Government Code, to enter 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 72.033, Government Code, to enter a protective order under
this chapter.
SECTION 8. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.033 to read as follows:
Sec. 72.033. 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, enter, deny, revise, rescind, serve, and
enforce:
(1) a protective order under Title 4, Family Code, and
Article 7A.01, Code of Criminal Procedure;
(2) a magistrate's order for emergency protection
under Article 17.292, Code of Criminal Procedure; and
(3) a temporary ex parte order under Chapter 83,
Family Code, and Article 7A.02, 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:
(1) a procedure to allow the magistrate or court to
discover the respondent's access to a firearm and a plan the
respondent is required to follow in relinquishing any licenses or
firearms; and
(2) a procedure to ensure that a copy of the order is
transmitted to all required parties and all relevant information 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 and organizations with
knowledge and experience in the issues of protective orders,
including the Texas Council on Family Violence; 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 no later than June 1, 2020, 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 72.033, Government Code, as added by this Act.
If the office completes the forms and materials required by Section
72.033, Government Code, as added by this Act, before June 1, 2020,
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 7A.01, Code of Criminal Procedure, 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, 2020. An application for a protective order filed before June 1,
2020, 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 7A.02, 7A.03, and 17.292, Code of
Criminal Procedure, as amended 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 entered on or after June 1, 2020.
An order entered before June 1, 2020, is governed by the law in
effect on the date the order is entered, 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, 2019.