1 | 1 | | H.B. No. 660 |
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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 the enforcement and administration of certain |
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6 | 6 | | protective orders. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Chapter 83, Family Code, is amended by adding |
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9 | 9 | | Section 83.0025 to read as follows: |
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10 | 10 | | Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. A |
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11 | 11 | | temporary ex parte order rendered under this chapter is enforceable |
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12 | 12 | | to the same extent and in the same manner as a final protective |
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13 | 13 | | order rendered under Chapter 85. |
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14 | 14 | | SECTION 2. Section 86.001(b), Family Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | (b) A law enforcement agency shall [may] enter a protective |
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17 | 17 | | order in the agency's computer records of outstanding warrants as |
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18 | 18 | | notice that the order has been issued and is currently in effect. On |
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19 | 19 | | receipt of notification by a clerk of court that the court has |
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20 | 20 | | vacated or dismissed an order, the law enforcement agency shall |
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21 | 21 | | remove the order from the agency's computer record of outstanding |
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22 | 22 | | warrants. |
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23 | 23 | | SECTION 3. Section 86.0011(a), Family Code, is amended to |
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24 | 24 | | read as follows: |
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25 | 25 | | (a) On receipt of an original or modified protective order |
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26 | 26 | | from the clerk of the issuing court, or on receipt of information |
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27 | 27 | | pertaining to the date of confinement or imprisonment or date of |
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28 | 28 | | release of a person subject to the protective order, a law |
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29 | 29 | | enforcement agency shall immediately, but not later than the next |
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30 | 30 | | [third] business day after the date the order or information is |
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31 | 31 | | received, enter the information required by Section 411.042(b)(6), |
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32 | 32 | | Government Code, into the statewide law enforcement information |
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33 | 33 | | system maintained by the Department of Public Safety. |
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34 | 34 | | SECTION 4. Section 87.004(b), Family Code, is amended to |
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35 | 35 | | read as follows: |
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36 | 36 | | (b) The clerk of the court shall attach the notification of |
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37 | 37 | | change to the protective order and shall deliver a copy of the |
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38 | 38 | | notification to: |
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39 | 39 | | (1) the respondent by registered or certified mail as |
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40 | 40 | | provided by Rule 21a, Texas Rules of Civil Procedure; and |
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41 | 41 | | (2) any other person entitled to a copy of the order |
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42 | 42 | | under Section 85.042. |
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43 | 43 | | SECTION 5. (a) Section 83.0025, Family Code, as added by |
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44 | 44 | | this Act, applies to a temporary ex parte protective order rendered |
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45 | 45 | | under Chapter 83, Family Code, regardless of whether the order was |
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46 | 46 | | rendered before, on, or after the effective date of this Act. |
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47 | 47 | | (b) Sections 86.001(b) and 86.0011(a), Family Code, as |
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48 | 48 | | amended by this Act, apply only to information regarding a |
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49 | 49 | | protective order received by a law enforcement agency on or after |
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50 | 50 | | the effective date of this Act. |
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51 | 51 | | (c) Section 87.004(b), Family Code, as amended by this Act, |
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52 | 52 | | applies only to a notification of change of address or telephone |
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53 | 53 | | number filed with the court on or after the effective date of this |
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54 | 54 | | Act. |
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55 | 55 | | SECTION 6. This Act takes effect September 1, 2023. |
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56 | 56 | | ______________________________ ______________________________ |
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57 | 57 | | President of the Senate Speaker of the House |
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58 | 58 | | I certify that H.B. No. 660 was passed by the House on April |
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59 | 59 | | 28, 2023, by the following vote: Yeas 143, Nays 1, 2 present, not |
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60 | 60 | | voting. |
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61 | 61 | | ______________________________ |
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62 | 62 | | Chief Clerk of the House |
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63 | 63 | | I certify that H.B. No. 660 was passed by the Senate on May |
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64 | 64 | | 21, 2023, by the following vote: Yeas 31, Nays 0. |
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65 | 65 | | ______________________________ |
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66 | 66 | | Secretary of the Senate |
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67 | 67 | | APPROVED: _____________________ |
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68 | 68 | | Date |
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69 | 69 | | _____________________ |
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70 | 70 | | Governor |
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