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).