H.B. No. 3698
AN ACT
relating to expanding access to the protective order registry and
the inclusion of certain information regarding a person who is the
subject of a protective order in that registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 72.154(a), Government Code, is amended
to read as follows:
(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) any known common misspellings of the name of a
person who is the subject of the protective order;
(4) any known aliases of a person who is the subject of
the protective order; and
(5) the birth year of a person who is the subject of
the protective order.
SECTION 2. Section 72.155, Government Code, is amended to
read as follows:
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 an expired order,
or a vacated order other than an order that was vacated as the
result of an appeal or bill of review from a district or county
court. Only an authorized user, the attorney general, a district
attorney, a criminal district attorney, a county attorney, a
municipal attorney, a magistrate, 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, a magistrate, 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.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3698 was passed by the House on April
20, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3698 was passed by the Senate on May
17, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor