HBA-CBW, KDB C.S.H.B. 919 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B 919 By: Goodman Juvenile Justice & Family Issues 3/5/2001 Committee Report (Substituted) 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. C.S.H.B. 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 Domestic Violence Protection 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 C.S.H.B. 919 amends the Family Code to establish the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. The bill modifies provisions relating to the enforcement of protective orders from other states. C.S.H.B. 919 requires a tribunal of this state to enforce the terms of a foreign protective order, regardless of whether the order was obtained by independent action or in another proceeding, if the order is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. The bill requires a tribunal of this state to enforce the provisions of the foreign protective 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 to enforce a provision of the foreign protective order relating to child support if the order was issued in accordance with federal law. 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 specifies requirements for a valid foreign protective order. 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. 88.003). C.S.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 attempting to serve the order, to allow the respondent a reasonable opportunity to comply with the order before enforcing the order (Sec. 88.004). The bill authorizes an individual to register a foreign protective order in this state. The bill sets forth requirements for the presentation and registration of the foreign protective order (Sec. 88.005). C.S.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 was done in good faith in an effort to comply with uniform interstate enforcement of protective orders (Sec. 88.006). C.S.H.B. 919 establishes that a protected individual who pursues a remedy is not precluded from pursuing other legal or equitable remedies against the respondent (Sec. 88.007). C.S.H.B. 919 removes and repeals sections relating to protective orders from other jurisdictions (SECTION 1 and SECTION 2). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B 919 modifies the original bill to add that a tribunal may issue and shall enforce a protective order under another law of the issuing state including a term that provides relief that a tribunal of this state would not have the power to provide (Secs. 88.002 and 88.003). The substitute adds the United States Virgin Islands and military tribunal of the United States to the definition of "state" (Sec. 88.002) The substitute requires a tribunal to follow the procedures of this state for enforcement of protective orders (Sec. 88.003). The substitute differs from the original by authorizing a tribunal to enforce a foreign protective order relating to child support if the order was issued in accordance with federal law (Sec. 88.003). The substitute requires an individual to present a certified copy of the order to a sheriff, constable, or chief of police responsible for the registration of orders in the local computer records and in the statewide law enforcement system maintained by the Texas Department of Public Safety (Sec. 88.005). The substitute adds information relating to remedies and uniformity of the application and construction of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Secs. 88.007 and 88.008).