BILL ANALYSIS Senate Research Center H.B. 660 88R19224 AMF-D By: Cook (Zaffirini) Jurisprudence 5/16/2023 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently state public information law provides a governmental body the opportunity to delay the release of information subject to a public information request by requesting an opinion from the Office of the Attorney General regarding whether the information may legally be withheld. The opinion process as currently written does not ensure the timely release of requested information and thus effectively permits governmental bodies to delay the response to a public information request for an extended amount of time. H.B. 3033 would address this issue and ensure a more timely release of information subject to public information law by implementing a number of safeguards, including requiring a governmental body to take action within 30 days after the issuance of an opinion by the attorney general following a request from the governmental body. H.B. 660 amends current law relating to the enforcement and administration of certain protective orders. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 83, Family Code, by adding Section 83.0025, as follows: Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. Provides that a temporary ex parte order rendered under Chapter 83 (Temporary Ex Parte Orders) is enforceable to the same extent and in the same manner as a final protective order rendered under Chapter 85 (Issuance of Protective Order). SECTION 2. Amends Section 86.001(b), Family Code, to require, rather than authorize, a law enforcement agency to 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. SECTION 3. Amends Section 86.0011(a), Family Code, as follows: (a) Requires a law enforcement agency, 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, immediately, but not later than the next business day, rather than the third business day, after the date the order or information is received, to enter certain information into the statewide law enforcement information system maintained by the Department of Public Safety of the State of Texas. SECTION 4. Amends Section 87.004(b), Family Code, as follows: (b) Requires the clerk of the court to attach the notification of change to the protective order and to deliver a copy of the notification to certain persons, including any other person entitled to a copy of the order under Section 85.042 (Delivery of Order to Other Persons). Makes nonsubstantive changes. SECTION 5. (a) Provides that 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) Makes application of Sections 86.001(b) and 86.0011(a), Family Code, as amended by this Act, prospective. (c) Makes application of Section 87.004(b), Family Code, as amended by this Act, prospective. SECTION 6. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center H.B. 660
88R19224 AMF-D By: Cook (Zaffirini)
Jurisprudence
5/16/2023
Engrossed
Senate Research Center
H.B. 660
88R19224 AMF-D
By: Cook (Zaffirini)
Jurisprudence
5/16/2023
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently state public information law provides a governmental body the opportunity to delay the release of information subject to a public information request by requesting an opinion from the Office of the Attorney General regarding whether the information may legally be withheld. The opinion process as currently written does not ensure the timely release of requested information and thus effectively permits governmental bodies to delay the response to a public information request for an extended amount of time. H.B. 3033 would address this issue and ensure a more timely release of information subject to public information law by implementing a number of safeguards, including requiring a governmental body to take action within 30 days after the issuance of an opinion by the attorney general following a request from the governmental body.
H.B. 660 amends current law relating to the enforcement and administration of certain protective orders.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 83, Family Code, by adding Section 83.0025, as follows:
Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. Provides that a temporary ex parte order rendered under Chapter 83 (Temporary Ex Parte Orders) is enforceable to the same extent and in the same manner as a final protective order rendered under Chapter 85 (Issuance of Protective Order).
SECTION 2. Amends Section 86.001(b), Family Code, to require, rather than authorize, a law enforcement agency to 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.
SECTION 3. Amends Section 86.0011(a), Family Code, as follows:
(a) Requires a law enforcement agency, 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, immediately, but not later than the next business day, rather than the third business day, after the date the order or information is received, to enter certain information into the statewide law enforcement information system maintained by the Department of Public Safety of the State of Texas.
SECTION 4. Amends Section 87.004(b), Family Code, as follows:
(b) Requires the clerk of the court to attach the notification of change to the protective order and to deliver a copy of the notification to certain persons, including any other person entitled to a copy of the order under Section 85.042 (Delivery of Order to Other Persons). Makes nonsubstantive changes.
SECTION 5. (a) Provides that 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) Makes application of Sections 86.001(b) and 86.0011(a), Family Code, as amended by this Act, prospective.
(c) Makes application of Section 87.004(b), Family Code, as amended by this Act, prospective.
SECTION 6. Effective date: September 1, 2023.