S.B. No. 325
AN ACT
relating to establishing a protective order registry and the duties
of court personnel and other persons and entities in regard to the
registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PROTECTIVE ORDER REGISTRY
Sec. 72.151. DEFINITIONS. In this subchapter:
(1) "Authorized user" means a person to whom the
office has given permission and the means to submit records to or
modify or remove records in the registry. The term does not include
members of the public who may only access through the registry's
Internet website certain information regarding protective orders
entered into the registry.
(2) "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure.
(3) "Protective order" means an order issued by a
court in this state to prevent family violence, as defined by
Section 71.004, Family Code. The term includes a magistrate's
order for emergency protection issued under Article 17.292, Code of
Criminal Procedure, with respect to a person who is arrested for an
offense involving family violence.
(4) "Protective order registry" or "registry" means
the protective order registry established under Section 72.153.
(5) "Race or ethnicity" means a particular descent,
including Caucasian, African, Hispanic, Asian, or Native American
descent.
Sec. 72.152. APPLICABILITY. This subchapter applies only
to:
(1) an application for a protective order filed under:
(A) Chapter 82, Family Code; or
(B) Article 17.292, Code of Criminal Procedure,
with respect to a person who is arrested for an offense involving
family violence; and
(2) a protective order issued under:
(A) Chapter 83 or 85, Family Code; or
(B) Article 17.292, Code of Criminal Procedure,
with respect to a person who is arrested for an offense involving
family violence.
Sec. 72.153. PROTECTIVE ORDER REGISTRY. (a) In
consultation with the Department of Public Safety and the courts of
this state, the office shall establish and maintain a centralized
Internet-based registry for applications for protective orders
filed in this state and protective orders issued in this state.
(b) The office shall establish and maintain the registry in
a manner that allows municipal and county case management systems
to easily interface with the registry.
Sec. 72.154. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.
(a) Subject to Subsections (c) and (d) and Section 72.158, the
office shall establish and maintain the registry in a manner that
allows a member of the public, free of charge, to electronically
search for and receive publicly accessible information contained in
the registry regarding each protective order issued in this state.
The registry must be searchable by:
(1) the county of issuance;
(2) the name of a person who is the subject of the
protective order; and
(3) the birth year of a person who is the subject of
the protective order.
(b) Publicly accessible information regarding each
protective order must consist of the following:
(1) the court that issued the protective order;
(2) the case number;
(3) the full name, county of residence, birth year,
and race or ethnicity of the person who is the subject of the
protective order;
(4) the dates the protective order was issued and
served;
(5) the date the protective order was vacated, if
applicable; and
(6) the date the protective order expired or will
expire, as applicable.
(c) A member of the public may only access the information
in the registry described by Subsection (b).
(d) The office may not allow a member of the public to access
through the registry any information related to a protective order
issued under Article 17.292, Code of Criminal Procedure, or Chapter
83, Family Code.
Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER
REGISTRY. (a) The registry must include a copy of each
application for a protective order filed in this state and a copy of
each protective order issued in this state, including a vacated or
expired order. Only an authorized user, the attorney general, a
district attorney, a criminal district attorney, a county attorney,
a municipal attorney, or a peace officer may access that
information under the registry.
(b) The office shall ensure that an authorized user, the
attorney general, a district attorney, a criminal district
attorney, a county attorney, a municipal attorney, or a peace
officer 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.
Sec. 72.156. ENTRY OF APPLICATIONS. (a) Except as
provided by Subsection (b), as soon as possible but not later than
24 hours after the time an application for a protective order is
filed, the clerk of the court shall enter a copy of the application
into the registry.
(b) A clerk may delay entering information under Subsection
(a) into the registry only to the extent that the clerk lacks the
specific information required to be entered.
(c) The office shall ensure that a member of the public is
not able to access through the registry's Internet website the
application or any information related to the application entered
into the registry under Subsection (a).
Sec. 72.157. ENTRY OF ORDERS. (a) Except as provided by
Subsection (c), as soon as possible but not later than 24 hours
after the time a court issues an original or modified protective
order or extends the duration of a protective order, the clerk of
the court shall enter into the registry:
(1) a copy of the order and, if applicable, a notation
regarding any modification or extension of the order; and
(2) the information required under Section 72.154(b).
(b) For a protective order that is vacated or that has
expired, the clerk of the applicable court shall modify the record
of the order in the registry to reflect the order's status as
vacated or expired.
(c) A clerk may delay entering information under Subsection
(a) into the registry only to the extent that the clerk lacks the
specific information required to be entered.
Sec. 72.158. REQUEST FOR GRANT OR REMOVAL OF PUBLIC ACCESS.
(a) The office shall ensure that the public may access information
about protective orders, other than information about orders under
Article 17.292, Code of Criminal Procedure, or Chapter 83, Family
Code, through the registry, only if:
(1) a protected person requests that the office grant
the public the ability to access the information described by
Section 72.154(b) for the order protecting the person; and
(2) the office approves the request.
(b) A person whose request under Subsection (a) was approved
by the office may request that the office remove the ability of the
public to access the information that was the subject of the
person's earlier approved request. Not later than the third
business day after the office receives a request under this
subsection, the office shall remove the ability of the public to
access the information.
(c) The Supreme Court of Texas:
(1) shall prescribe a form for use by a person
requesting a grant or removal of public access as described by
Subsections (a) and (b); and
(2) by rule may prescribe procedures for requesting a
grant or removal of public access as described by Subsections (a)
and (b).
SECTION 2. (a) Except as provided by Subsection (b) of
this section, not later than June 1, 2020, the Office of Court
Administration of the Texas Judicial System shall establish the
protective order registry required by Section 72.153, Government
Code, as added by this Act.
(b) The Office of Court Administration of the Texas Judicial
System may delay establishing the protective order registry
described by Subsection (a) of this section for a period not to
exceed 90 days if the delay is authorized by resolution of the Texas
Judicial Council.
(c) Not later than June 1, 2020, the Office of Court
Administration of the Texas Judicial System shall establish and
supervise a training program for magistrates, court personnel, and
peace officers on the use of the protective order registry
described by Subsection (a) of this section. The training program
must make all materials for use in the training program available to
magistrates, court personnel, and peace officers.
SECTION 3. Notwithstanding Section 2 of this Act, the
Office of Court Administration of the Texas Judicial System may not
allow a member of the public to view before September 1, 2020,
publicly accessible information described by Section 72.154(b),
Government Code, as added by this Act, through the Internet website
of the protective order registry established under Subchapter F,
Chapter 72, Government Code, as added by this Act.
SECTION 4. Subchapter F, Chapter 72, Government Code, as
added by this Act, applies only to an application for a protective
order filed or a protective order issued on or after September 1,
2020.
SECTION 5. The Office of Court Administration of the Texas
Judicial System is required to implement a provision of this Act
only if the legislature appropriates money specifically for that
purpose. If the legislature does not appropriate money
specifically for that purpose, the Office of Court Administration
of the Texas Judicial System may, but is not required to, implement
a provision of this Act using other appropriations available for
that purpose.
SECTION 6. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 325 passed the Senate on
April 9, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 325 passed the House on
April 29, 2019, by the following vote: Yeas 137, Nays 6, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor