| 1 | 1 | | H.B. No. 3698 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to expanding access to the protective order registry and |
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| 6 | 6 | | the inclusion of certain information regarding a person who is the |
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| 7 | 7 | | subject of a protective order in that registry. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 72.154(a), Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (a) Subject to Subsections (c) and (d) and Section 72.158, |
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| 12 | 12 | | the office shall establish and maintain the registry in a manner |
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| 13 | 13 | | that allows a member of the public, free of charge, to |
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| 14 | 14 | | electronically search for and receive publicly accessible |
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| 15 | 15 | | information contained in the registry regarding each protective |
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| 16 | 16 | | order issued in this state. The registry must be searchable by: |
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| 17 | 17 | | (1) the county of issuance; |
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| 18 | 18 | | (2) the name of a person who is the subject of the |
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| 19 | 19 | | protective order; [and] |
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| 20 | 20 | | (3) any known common misspellings of the name of a |
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| 21 | 21 | | person who is the subject of the protective order; |
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| 22 | 22 | | (4) any known aliases of a person who is the subject of |
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| 23 | 23 | | the protective order; and |
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| 24 | 24 | | (5) the birth year of a person who is the subject of |
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| 25 | 25 | | the protective order. |
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| 26 | 26 | | SECTION 2. Section 72.155, Government Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER |
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| 29 | 29 | | REGISTRY. (a) The registry must include a copy of each application |
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| 30 | 30 | | for a protective order filed in this state and a copy of each |
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| 31 | 31 | | protective order issued in this state, including an expired order, |
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| 32 | 32 | | or a vacated order other than an order that was vacated as the |
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| 33 | 33 | | result of an appeal or bill of review from a district or county |
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| 34 | 34 | | court. Only an authorized user, the attorney general, a district |
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| 35 | 35 | | attorney, a criminal district attorney, a county attorney, a |
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| 36 | 36 | | municipal attorney, a magistrate, or a peace officer may access |
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| 37 | 37 | | that information under the registry. |
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| 38 | 38 | | (b) The office shall ensure that an authorized user, the |
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| 39 | 39 | | attorney general, a district attorney, a criminal district |
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| 40 | 40 | | attorney, a county attorney, a municipal attorney, a magistrate, or |
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| 41 | 41 | | a peace officer is able to search for and receive a copy of a filed |
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| 42 | 42 | | application for a protective order or a copy of an issued protective |
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| 43 | 43 | | order through the registry's Internet website. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.B. No. 3698 was passed by the House on April |
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| 48 | 48 | | 20, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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| 49 | 49 | | voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | I certify that H.B. No. 3698 was passed by the Senate on May |
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| 53 | 53 | | 17, 2023, by the following vote: Yeas 31, Nays 0. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Secretary of the Senate |
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| 56 | 56 | | APPROVED: _____________________ |
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| 57 | 57 | | Date |
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| 58 | 58 | | _____________________ |
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| 59 | 59 | | Governor |
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