By: Cook (Senate Sponsor - Zaffirini) H.B. No. 660
(In the Senate - Received from the House May 1, 2023;
May 4, 2023, read first time and referred to Committee on
Jurisprudence; May 17, 2023, reported favorably by the following
vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
JohnsonX
CreightonX
HinojosaX
MiddletonX
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement and administration of certain
protective orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 83, Family Code, is amended by adding
Section 83.0025 to read as follows:
Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. A
temporary ex parte order rendered under this chapter is enforceable
to the same extent and in the same manner as a final protective
order rendered under Chapter 85.
SECTION 2. Section 86.001(b), Family Code, is amended to
read as follows:
(b) A law enforcement agency shall [may] enter a protective
order in the agency's computer records of outstanding warrants as
notice that the order has been issued and is currently in effect. On
receipt of notification by a clerk of court that the court has
vacated or dismissed an order, the law enforcement agency shall
remove the order from the agency's computer record of outstanding
warrants.
SECTION 3. Section 86.0011(a), Family Code, is amended to
read as follows:
(a) On receipt of an original or modified protective order
from the clerk of the issuing court, or on receipt of information
pertaining to the date of confinement or imprisonment or date of
release of a person subject to the protective order, a law
enforcement agency shall immediately, but not later than the next
[third] business day after the date the order or information is
received, enter the information required by Section 411.042(b)(6),
Government Code, into the statewide law enforcement information
system maintained by the Department of Public Safety.
SECTION 4. Section 87.004(b), Family Code, is amended to
read as follows:
(b) The clerk of the court shall attach the notification of
change to the protective order and shall deliver a copy of the
notification to:
(1) the respondent by registered or certified mail as
provided by Rule 21a, Texas Rules of Civil Procedure; and
(2) any other person entitled to a copy of the order
under Section 85.042.
SECTION 5. (a) Section 83.0025, Family Code, as added by
this Act, applies to a temporary ex parte protective order rendered
under Chapter 83, Family Code, regardless of whether the order was
rendered before, on, or after the effective date of this Act.
(b) Sections 86.001(b) and 86.0011(a), Family Code, as
amended by this Act, apply only to information regarding a
protective order received by a law enforcement agency on or after
the effective date of this Act.
(c) Section 87.004(b), Family Code, as amended by this Act,
applies only to a notification of change of address or telephone
number filed with the court on or after the effective date of this
Act.
SECTION 6. This Act takes effect September 1, 2023.
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