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.