Texas 2021 - 87th Regular

Texas House Bill HB2702 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R17561 MEW-D
2	2		By: Landgraf H.B. No. 2702
	3	+	Substitute the following for H.B. No. 2702:
	4	+	By: Krause C.S.H.B. No. 2702
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the protective order registry maintained by the Office
8	10		of Court Administration of the Texas Judicial System and the
9	11		removal of certain vacated protective orders from the registry.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 72.151(3), Government Code, is amended
12	14		to read as follows:
13	15		(3) "Protective order" means:
14	16		(A) an order issued by a court in this state under
15	17		Chapter 83 or 85, Family Code, to prevent family violence, as
16	18		defined by Section 71.004, Family Code;
17	19		(B) an order issued by a court in this state under
18	20		Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
19	21		sexual assault or abuse, stalking, trafficking, or other harm to
20	22		the applicant; or
21	23		(C) [. The term includes] a magistrate's order
22	24		for emergency protection issued under Article 17.292, Code of
23	25		Criminal Procedure, with respect to a person who is arrested for an
24	26		offense involving family violence.
25	27		SECTION 2. Section 72.152, Government Code, is amended to
26	28		read as follows:
27	29		Sec. 72.152. APPLICABILITY. This subchapter applies only
28	30		to:
29	31		(1) an application for a protective order filed under:
30	32		(A) Chapter 82, Family Code;
31	33		(B) Subchapter A, Chapter 7B, Code of Criminal
32	34		Procedure; or
33	35		(C) [(B)] Article 17.292, Code of Criminal
34	36		Procedure, with respect to a person who is arrested for an offense
35	37		involving family violence; and
36	38		(2) a protective order issued under:
37	39		(A) Chapter 83 or 85, Family Code;
38	40		(B) Subchapter A, Chapter 7B, Code of Criminal
39	41		Procedure; or
40	42		(C) [(B)] Article 17.292, Code of Criminal
41	43		Procedure, with respect to a person who is arrested for an offense
42	44		involving family violence.
43	45		SECTION 3. Sections 72.154(b) and (d), Government Code, are
44	46		amended to read as follows:
45	47		(b) Publicly accessible information regarding each
46	48		protective order must consist of the following:
47	49		(1) the court that issued the protective order;
48	50		(2) the case number;
49	51		(3) the full name, county of residence, birth year,
50	52		and race or ethnicity of the person who is the subject of the
51	53		protective order;
52	54		(4) the dates the protective order was issued and
53	55		served; and
54	56		(5) [the date the protective order was vacated, if
55	57		applicable; and
56	58		[(6)] the date the protective order expired or will
57	59		expire, as applicable.
58	60		(d) The office may not allow a member of the public to access
59	61		through the registry any information related to:
60	62		(1) a protective order issued under Article 7B.002 or
61	63		17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or
62	64		(2) a protective order that was vacated.
63	65		SECTION 4. Section 72.155(a), Government Code, is amended
64	66		to read as follows:
65	67		(a) The registry must include a copy of each application for
66	68		a protective order filed in this state and a copy of each protective
67	69		order issued in this state, including an [a vacated or] expired
68	70		order, or a vacated order other than an order that was vacated as
69	71		the result of an appeal or bill of review from a district or county
70	72		court. Only an authorized user, the attorney general, a district
71	73		attorney, a criminal district attorney, a county attorney, a
72	74		municipal attorney, or a peace officer may access that information
73	75		under the registry.
74	76		SECTION 5. Section 72.157, Government Code, is amended by
75	77		amending Subsection (b) and adding Subsection (b-1) to read as
76	78		follows:
77	79		(b) Except as provided by Subsection (b-1), for [For] a
78	80		protective order that is vacated or that has expired, the clerk of
79	81		the applicable court shall modify the record of the order in the
80	82		registry to reflect the order's status as vacated or expired. The
81	83		clerk shall ensure that a record of a vacated order is not
82	84		accessible by the public.
83	85		(b-1) For a protective order that is vacated as the result
84	86		of an appeal or bill of review from a district or county court, the
85	87		clerk of the applicable court shall notify the office not later than
86	88		the end of the next business day after the date the protective order
87	89		was vacated. The office shall remove the record of the order from
88	90		the registry not later than the third business day after the date
89	91		the notice from the clerk was received.
90	92		SECTION 6. Section 72.158(a), Government Code, is amended
91	93		to read as follows:
92	94		(a) The office shall ensure that the public may access
93	95		information about protective orders, other than information about
94	96		vacated orders or orders under Article 7B.002 or 17.292, Code of
95	97		Criminal Procedure, or Chapter 83, Family Code, through the
96	98		registry, only if:
97	99		(1) a protected person requests that the office grant
98	100		the public the ability to access the information described by
99	101		Section 72.154(b) for the order protecting the person; and
100	102		(2) the office approves the request.
101	103		SECTION 7. Section 72.152, Government Code, as amended by
102	104		this Act, applies only to an application for a protective order
103	105		filed or a protective order issued on or after the effective date of
104	106		this Act.
105	107		SECTION 8. As soon as practicable after the effective date
106	108		of this Act, the Office of Court Administration of the Texas
107	109		Judicial System shall:
108	110		(1) remove the record of any protective orders that
109	111		have been vacated as the result of an appeal or bill of review from a
110	112		district or county court from the protective order registry
111	113		established under Subchapter F, Chapter 72, Government Code, as
112	114		amended by this Act; and
113	115		(2) ensure that the records of vacated orders, other
114	116		than orders described by Subdivision (1) of this section that are
115	117		removed from the registry, are not accessible by the public.
116	118		SECTION 9. This Act takes effect September 1, 2021.