HBA-SEB C.S.S.B. 685 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 685
By: Brown, Buster
Juvenile Justice and Family Issues
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a court clerk is required to mail a copy of a protective order
involving family violence to the appropriate law enforcement officials and
to the school or child-care facility involved in the order.  Because of the
circumstances under which protective orders are issued, the timely delivery
of the order to the proper officials is important.  S.B. 685 requires a
court clerk to deliver the order to the officials by mail, fax, or
electronic mail.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 85.042, Family Code, by amending Subsection (d)
and adding Subsection (e), as follows: 

(d)  Requires the applicant for a protective order or the applicant's
attorney to provide to the clerk of the court in writing the name,
facsimile number, or electronic mail address, if any, and mailing address
of each law enforcement agency, child-care facility, and school to which
the clerk is required to send, rather than mail, a copy of the protective
order under this section (Delivery of Order to Other Persons).     

(e)  Requires a copy of an order sent under Subsection (a) or (b) to be
sent by mail, facsimile transmission, or electronic mail. Subsection (a)
pertains to the delivery of the order to the appropriate constable of the
municipality in which the member of the household protected by the order
resides, and Subsection (b) pertains to the delivery of the order to a
child-care facility or school if a respondent to the order is prohibited
from going to or near the school or facility.  Requires a written
verification of the receipt of the facsimile transmission or electronic
mail by the clerk to be placed with the court's papers. 

SECTION 2.  Emergency clause.
            Effective date:  upon passage.