HBA-KDB H.B. 919 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 919
By: Goodman
Juvenile Justice & Family Issues
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

In 1994, the United States Congress passed the Violence Against Women Act,
which mandated states to give full faith  and credit to protective orders.
The 75th Texas Legislature passed legislation in response to this
requirement by the federal government.  However, current law may
potentially be considered vague because it does not expressly define
certain terms.  House Bill 919 more specifically defines protective orders
and establishes  more specific provisions regarding the enforcement of
protective orders from out of state by establishing the Uniform  Interstate
Enforcement of Protective Orders Act. 

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. 

ANALYSIS

House Bill 919 amends the Family Code to establish the Uniform Interstate
Enforcement of Protective Orders Act.  The bill modifies  provisions
relating to the enforcement  of protective orders from other states. 

H.B. 919 requires a tribunal of this state to enforce a valid foreign
protective order that is issued by a civil or criminal tribunal, regardless
of whether the order was obtained by independent action or in another
proceeding, if the order is a civil order issued in response to a
complaint, petition, or motion filed by or on behalf of an individual
seeking protection.  The bill prohibits a tribunal of this state from
enforcing a foreign protective order issued by a criminal tribunal that
does not recognize the standing of a protected individual to seek
enforcement of the order.  The bill requires a tribunal of this state to
enforce all terms of the foreign protective order, including a term that
provides relief that a tribunal of this state may not provide, and the
provisions of the order that govern the possession of and access to a child
if the provisions were issued in accordance with certain jurisdictional
requirements.  The bill authorizes a tribunal of this state to enforce the
provisions of a mutual protective order that favor a respondent only in
specified circumstances.  The bill prohibits a tribunal of this state from
enforcing a foreign protective order or provision of a foreign protective
order governing child support.  The bill provides that a protected
individual seeking enforcement of a foreign protective order establishes a
prima facie case for its validity by presenting an order that is valid on
its face (Sec. 88.002). 

H.B. 919 specifies requirements for a valid foreign protective order (Sec.
88.003).  The bill provides that it is an affirmative defense in an action
seeking enforcement of a foreign protective order that the order does not
meet the requirements for a valid order (Sec. 88.004). 

H.B. 919 requires a law enforcement officer of this state to enforce a
foreign protective order as if it were an order of a tribunal of this state
if the officer determines that  there is probable cause to believe that a
valid foreign protective order exists and the order has been violated.  The
bill sets forth provisions for when an officer is authorized to determine
that probable cause exists.  The bill requires a law enforcement officer of
this state who determines that an otherwise valid foreign protective order
cannot be enforced because  the respondent has not been notified or served
with the order to inform the respondent of the order and make a reasonable
effort to serve the order on the respondent.  The bill requires the
officer, after informing the respondent and serving the order, to allow the
respondent a reasonable opportunity to comply with the order before
enforcing the order.  The bill authorizes a foreign protective order to be
inscribed on a tangible medium or stored in an electronic or other medium
that is retrievable in a perceivable form, but does not requires the
presentation of a certified copy of the protective order for enforcement
(Sec. 88.005). 

H.B. 919 authorizes an individual to register a foreign protective order in
this state, although the  registration or filing of an order is not
required for the enforcement.   The bill sets forth requirements for the
presentation and registration of the foreign protective order.  The bill
authorizes an individual who believes that the individual has been named as
the respondent in a foreign protective order registered in this state to
provide proof that the order is not in effect or that the individual is not
the respondent named in the order, and sets forth requirements for the
correction or removal of the order upon proof that the order is not in
effect or is inaccurate (Sec. 88.006). 

H.B. 919 provides immunity for any state or local governmental agency, law
enforcement officer, prosecuting attorney, clerk of the court, or any state
or local governmental official acting in an official capacity in relation
to the registration or enforcement of a foreign protective order or the
detention or arrest of a person alleged to have violated a foreign
protective order if the act or omission is done in good faith in an effort
to comply with  uniform interstate enforcement of protective orders (Sec.
88.007). 

H.B. 919 removes and repeals sections relating to protective orders from
other jurisdictions (SECTION 1 and SECTION 2). 

EFFECTIVE DATE

September 1, 2001.