Bill Text: TX SB1530 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2021-05-07 - Referred to Judiciary & Civil Jurisprudence [SB1530 Detail]

Download: Texas-2021-SB1530-Introduced.html

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87R10574 ANG-D
By: Huffman S.B. No. 1530

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice and
procedure related to proceedings in the judicial branch of state
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.01. (a) Effective January 1, 2022, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.60022
to read as follows:
Sec. 24.60022. 478TH JUDICIAL DISTRICT (BELL COUNTY). The
478th Judicial District is composed of Bell County.
(b) The 478th Judicial District is created on January 1,
2022.
SECTION 1.02. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60025 to read as follows:
Sec. 24.60025. 480TH JUDICIAL DISTRICT (WILLIAMSON
COUNTY). The 480th Judicial District is composed of Williamson
County.
(b) The 480th Judicial District is created on the effective
date of this Act.
SECTION 1.03. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60026 to read as follows:
Sec. 24.60026. 481ST JUDICIAL DISTRICT (DENTON COUNTY).
The 481st Judicial District is composed of Denton County.
(b) The 481st Judicial District is created on the effective
date of this Act.
SECTION 1.04. (a) Section 24.910(b), Government Code, is
amended to read as follows:
(b) This section applies to the Tarrant County Criminal
District Courts Nos. 1, 2, [and] 3, and 5.
(b) Subchapter E, Chapter 24, Government Code, is amended by
adding Section 24.915 to read as follows:
Sec. 24.915. CRIMINAL JUDICIAL DISTRICT NO. 5 OF TARRANT
COUNTY. (a) The Criminal Judicial District No. 5 of Tarrant County
is composed of Tarrant County.
(b) Section 24.910, relating to the Tarrant County Criminal
District Court No. 1, contains provisions applicable to both that
court and the Tarrant County Criminal District Court No. 5.
(c) The Criminal Judicial District No. 5 of Tarrant County
is created on the effective date of this Act.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. (a) Sections 25.0631(b) and (c), Government
Code, are amended to read as follows:
(b) Denton County has the following statutory probate
courts:
(1) [one statutory probate court, the] Probate Court
of Denton County; and
(2) Probate Court Number 2 of Denton County.
(c) The statutory county courts of Denton County sit in the
county seat or at another location in the county as assigned by the
local administrative statutory county court judge. The statutory
probate courts [court] of Denton County sit [sits] in the county
seat and may conduct docket matters at other locations in the county
as the statutory probate court judges consider [judge considers]
necessary for the protection of wards or mental health respondents
or as otherwise provided by law.
(b) Section 25.0633(e), Government Code, is amended to read
as follows:
(e) The County Court at Law No. 2 of Denton County has
jurisdiction:
(1) over all civil causes and proceedings, original
and appellate, prescribed by law for county courts; and
(2) regardless of the amount in controversy sought,
over:
(A) eminent domain cases as provided by Section
21.001, Property Code, for statutory county courts; and
(B) direct and inverse condemnation cases.
(c) The Probate Court Number 2 of Denton County is created
on the effective date of this Act.
SECTION 2.02. (a) Section 25.2481, Government Code, is
amended to read as follows:
Sec. 25.2481. WILLIAMSON COUNTY. Williamson County has the
following statutory county courts:
(1) County Court at Law No. 1 of Williamson County;
(2) County Court at Law No. 2 of Williamson County;
(3) County Court at Law No. 3 of Williamson County;
[and]
(4) County Court at Law No. 4 of Williamson County;
and
(5) County Court at Law No. 5 of Williamson County.
(b) The County Court at Law No. 5 of Williamson County is
created on the effective date of this Act.
ARTICLE 3. JUSTICE AND MUNICIPAL COURTS
SECTION 3.01. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0241 to read as follows:
Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
judge may not accept a plea of guilty or plea of nolo contendere
unless it appears to the justice or judge that the defendant is
mentally competent and the plea is free and voluntary.
ARTICLE 4. TRANSFER OF CASES
SECTION 4.01. Section 155.207, Family Code, is amended to
read as follows:
Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than
the 10th working day after the date an order of transfer is signed,
the clerk of the court transferring a proceeding shall send, using
the electronic filing system established under Section 72.031,
Government Code, to the proper court in the county to which transfer
is being made:
(1) a transfer certificate and index of transferred
documents [the pleadings in the pending proceeding and any other
document specifically requested by a party];
(2) [certified copies of all entries in the minutes;
[(3) a certified copy of each final order; and
[(4)] a [certified] copy of the order of transfer
signed by the transferring court; and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037, Government Code.
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037, Government Code, when
transferring a proceeding under this section.
(b) The clerk of the transferring court shall keep a copy of
[the] transferred pleadings [and other requested documents. If the
transferring court retains jurisdiction of another child who was
the subject of the suit, the clerk shall send a copy of the
pleadings and other requested documents to the court to which the
transfer is made and shall keep the original pleadings and other
requested documents].
(c) The [On receipt of the pleadings, documents, and orders
from the transferring court, the] clerk of the transferee court
shall:
(1) accept documents transferred under Subsection
(a);
(2) docket the suit; and
(3) [shall] notify, using the electronic filing system
established under Section 72.031, Government Code [the judge of the
transferee court], all parties, the clerk of the transferring
court, and, if appropriate, the transferring court's local registry
that the suit has been docketed.
(c-1) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(d) The clerk of the transferring court shall send a
certified copy of the order directing payments to the transferee
court:
(1) [,] to any party [or employer] affected by the
[that] order, and, if appropriate, to the local registry of the
transferee court using the electronic filing system established
under Section 72.031, Government Code; and
(2) to an employer affected by the order
electronically or by first class mail.
(e) The clerks of both the transferee and transferring
courts may each produce under Chapter 51, Government Code,
certified or uncertified copies of documents filed in a case
transferred under this section, but shall also include a copy of the
transfer certificate and index of transferred documents with each
document produced.
(f) Sections 80.001 and 80.002, Government Code, do not
apply to the transfer of documents under this section.
SECTION 4.02. Section 51.3071, Government Code, is amended
to read as follows:
Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
transferred from a district court to a county court, the clerk of
the district court shall [may] send to the county clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
district court];
(2) a copy of the order of transfer signed by the
transferring court [the original papers filed in the district
court]; and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037 [a bill of the costs that
have accrued in the district court].
(b) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(c) The clerk of the transferee court shall accept documents
transferred under Subsection (a) and docket the case.
(d) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(e) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 4.03. Section 51.403, Government Code, is amended
to read as follows:
Sec. 51.403. TRANSFER OF CASES. (a) If a case is
transferred from a county court to a district court, the clerk of
the county court shall send to the district clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
county court];
(2) a copy of the order of transfer signed by the
transferring court [the original papers filed in the county court];
and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037 [a bill of the costs that
have accrued in the county court].
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(a-2) The clerk of the transferee court shall accept
documents transferred under Subsection (a) and docket the case.
(a-3) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (a-2), but may not physically or electronically
mark or stamp any other document transferred under Subsection (a).
(b) If civil or criminal jurisdiction of a county court is
transferred to a district court, the clerk of the county court shall
send using the electronic filing system established under Section
72.031 a certified copy of the judgments rendered in the county
court that remain unsatisfied [, in electronic or paper form,] to
the district clerks of the appropriate counties.
(c) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 4.04. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.037 to read as follows:
Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND
PROCEEDINGS. (a) The office shall adopt rules prescribing the
documents to be transferred between courts when a transfer of a case
or proceeding is ordered under Section 155.207, Family Code, or
Section 51.3071 or 51.403 of this code.
(b) Rules adopted under this section must require the
transfer of the following documents relating to a transferred case
or proceeding:
(1) a copy of the original papers filed in the
transferring court;
(2) a copy of each final order;
(3) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(4) a bill of any costs that have accrued in the
transferring court.
(c) The office shall develop and make available a
standardized transfer certificate and index of transferred
documents form to be used for the transfer of cases and proceedings
under Section 155.207, Family Code, and Sections 51.3071 and 51.403
of this code.
(d) In adopting rules and developing forms under this
section, the office shall consult with representatives of county
and district clerks.
SECTION 4.05. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall adopt rules and develop and make available
all forms and materials required by Section 72.037, Government
Code, as added by this Act.
ARTICLE 5. HABEAS CORPUS
SECTION 5.01. Section 5(a), Article 11.072, Code of
Criminal Procedure, is amended to read as follows:
(a) Immediately on filing an application, the applicant
shall serve a copy of the application on the attorney representing
the state[,] by:
(1) [either] certified mail, return receipt
requested;
(2) [, or] personal service; or
(3) the secure electronic mail the attorney has on
file with the electronic filing system as required under Section
80.003, Government Code, or another form of secure electronic
transmission.
SECTION 5.02. Section 5(a), Article 11.072, Code of
Criminal Procedure, as amended by this Act, applies only to an
application for a writ of habeas corpus filed on or after the
effective date of this Act. An application filed before the
effective date of this Act is governed by the law in effect when the
application was filed, and the former law is continued in effect for
that purpose.
ARTICLE 6. PUBLICATION OF CITATION FOR RECEIVERSHIP
SECTION 6.01. Section 64.101(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) Except as provided by Section 17.032, the [The] citation
shall be published on the public information Internet website
maintained as required by Section 72.034, Government Code, and in a
newspaper of general circulation:
(1) once in the county in which the missing person
resides; and
(2) once in each county in which property of the
missing person's estate is located.
SECTION 6.02. Section 51.103(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's statement [affidavit];
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the statement [affidavit] of the personal
representative or other person making the service, stating that the
citation or notice was mailed and the date of the mailing; and
(B) the return receipt attached to the
certificate or affidavit, as applicable, if the mailing was by
registered or certified mail and a receipt has been returned; and
(4) if the service is made by publication:
(A) a statement [an affidavit]:
(i) made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) that contains or to which is attached a
copy of the published citation or notice; and
(iii) that states the date of publication
on the public information Internet website maintained as required
by Section 72.034, Government Code; and
(B) a statement [an affidavit]:
(i) made by the publisher of the newspaper
in which the citation or notice was published or an employee of the
publisher;
(ii) that contains or to which is attached a
copy of the published citation or notice; and
(iii) that states the date of publication
printed on the newspaper in which the citation or notice was
published.
SECTION 6.03. Section 1051.153(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's affidavit;
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the statement [affidavit] of the guardian or other
person making the service that states that the citation or notice
was mailed and the date of the mailing; and
(B) the return receipt attached to the
certificate, if the mailing was by registered or certified mail and
a receipt has been returned; and
(4) if the service is made by publication:
(A) a statement [an affidavit] that:
(i) is made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) contains or to which is attached a copy
of the published citation or notice; and
(iii) states the date of publication on the
public information Internet website maintained as required by
Section 72.034, Government Code; and
(B) a statement [an affidavit] that:
(i) is made by the publisher of the
newspaper in which the citation or notice was published or an
employee of the publisher;
(ii) contains or to which is attached a copy
of the published citation or notice; and
(iii) states the date of publication
printed on the newspaper in which the citation or notice was
published.
ARTICLE 7. EVIDENCE
SECTION 7.01. Section 2, Article 38.01, Code of Criminal
Procedure, is amended by adding Subdivision (4-a) to read as
follows:
(4-a) "Forensic examination or test not subject to
accreditation" means an examination or test described by Article
38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
SECTION 7.02. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 3-b to read as follows:
Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
commission shall adopt a code of professional responsibility to
regulate the conduct of persons, laboratories, facilities, and
other entities regulated under this article.
(b) The commission shall publish the code of professional
responsibility adopted under Subsection (a).
(c) The commission shall adopt rules establishing sanctions
for code violations.
(d) The commission shall update the code of professional
responsibility as necessary to reflect changes in science,
technology, or other factors affecting the persons, laboratories,
facilities, and other entities regulated under this article.
SECTION 7.03. Sections 4(a), (a-1), (b-1), and (c), Article
38.01, Code of Criminal Procedure, are amended to read as follows:
(a) The commission shall:
(1) develop and implement a reporting system through
which a crime laboratory may report professional negligence or
professional misconduct;
(2) require a crime laboratory that conducts forensic
analyses to report professional negligence or professional
misconduct to the commission; and
(3) investigate, in a timely manner, any allegation of
professional negligence or professional misconduct that would
substantially affect the integrity of:
(A) the results of a forensic analysis conducted
by a crime laboratory;
(B) an examination or test that is conducted by a
crime laboratory and that is a forensic examination or test not
subject to accreditation; or
(C) testimony related to an analysis,
examination, or test described by Paragraph (A) or (B).
(a-1) The commission may initiate [for educational
purposes] an investigation of a forensic analysis or a forensic
examination or test not subject to accreditation, without receiving
a complaint[,] submitted through the reporting system implemented
under Subsection (a)(1), [that contains an allegation of
professional negligence or professional misconduct involving the
forensic analysis conducted] if the commission determines by a
majority vote of a quorum of the members of the commission that an
investigation of the [forensic] analysis, examination, or test
would advance the integrity and reliability of forensic science in
this state.
(b-1) If the commission conducts an investigation under
Subsection (a)(3) of a crime laboratory that is not accredited
under this article or the investigation involves a forensic
examination or test not subject to accreditation [is conducted
pursuant to an allegation involving a forensic method or
methodology that is not an accredited field of forensic science],
the investigation may include the preparation of a written report
that contains:
(1) observations of the commission regarding the
integrity and reliability of the applicable [forensic] analysis,
examination, or test conducted;
(2) best practices identified by the commission during
the course of the investigation; or
(3) other recommendations that are relevant, as
determined by the commission.
(c) The commission by contract may delegate the duties
described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
(b-1), and (d) to any person the commission determines to be
qualified to assume those duties.
SECTION 7.04. Section 4-a(c), Article 38.01, Code of
Criminal Procedure, is amended to read as follows:
(c) The commission by rule may establish voluntary
licensing programs for forensic examinations or tests [disciplines
that are] not subject to accreditation [under this article].
SECTION 7.05. Section 4-d(b-1), Article 38.01, Code of
Criminal Procedure, is amended to read as follows:
(b-1) As part of the accreditation process established and
implemented under Subsection (b), the commission may:
(1) establish minimum standards that relate to the
timely production of a forensic analysis to the agency requesting
the analysis and that are consistent with this article and
applicable laws;
(2) validate or approve specific forensic methods or
methodologies; and
(3) establish procedures, policies, standards, and
practices to improve the quality of forensic analyses conducted in
this state.
SECTION 7.06. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 14 to read as follows:
Sec. 14. FUNDING FOR TRAINING AND EDUCATION. The
commission may use appropriated funds for the training and
education of forensic analysts.
SECTION 7.07. Section 2254.002(2), Government Code, is
amended to read as follows:
(2) "Professional services" means services:
(A) within the scope of the practice, as defined
by state law, of:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising; [or]
(ix) professional nursing; or
(x) forensic science;
(B) provided in connection with the professional
employment or practice of a person who is licensed or registered as:
(i) a certified public accountant;
(ii) an architect;
(iii) a landscape architect;
(iv) a land surveyor;
(v) a physician, including a surgeon;
(vi) an optometrist;
(vii) a professional engineer;
(viii) a state certified or state licensed
real estate appraiser; [or]
(ix) a registered nurse; or
(x) a forensic analyst or forensic science
expert; or
(C) provided by a person lawfully engaged in
interior design, regardless of whether the person is registered as
an interior designer under Chapter 1053, Occupations Code.
ARTICLE 8. JURY SERVICE
SECTION 8.01. Sections 61.003(a) and (c), Government Code,
are amended to read as follows:
(a) Each person who reports for jury service shall be
personally provided a form letter that when signed by the person
directs the county treasurer to donate all, or a specific amount
designated by the person, of the person's daily reimbursement under
this chapter to:
(1) the compensation to victims of crime fund
established under Subchapter J, Chapter 56B, Code of Criminal
Procedure;
(2) the child welfare, child protective services, or
child services board of the county appointed under Section 264.005,
Family Code, that serves abused and neglected children;
(3) any program selected by the commissioners court
that is operated by a public or private nonprofit organization and
that provides shelter and services to victims of family violence;
(4) any other program approved by the commissioners
court of the county, including a program established under Article
56A.205, Code of Criminal Procedure, that offers psychological
counseling in criminal cases involving graphic evidence or
testimony; [or]
(5) a veterans court treatment program established by
the commissioners court as provided by Chapter 124; or
(6) a veterans county service office established by
the commissioners court as provided by Subchapter B, Chapter 434.
(c) The county treasurer shall:
(1) send all donations made under Subsection (a)(1) to
the comptroller, at the time and in the manner prescribed by the
attorney general, for deposit to the credit of the compensation to
victims of crime fund;
(2) deposit donations made to the county child welfare
board under Subsection (a)(2) in a fund established by the county to
be used by the child welfare board in a manner authorized by the
commissioners court of the county; and
(3) send all donations made under Subsection (a)(3),
[or] (a)(4), or (a)(6) directly to the program or office, as
applicable, specified on the form letter signed by the person who
reported for jury service.
ARTICLE 9. SPECIALTY COURT PROGRAMS
SECTION 9.01. Chapter 121, Government Code, is amended by
adding Sections 121.003 and 121.004 to read as follows:
Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
district court or statutory county court who is authorized by law to
hear criminal cases may be appointed to preside over a regional
specialty court program recognized under this subtitle only if:
(1) the local administrative district and statutory
county court judges of each county participating in the program
approve the appointment by majority vote or another approval method
selected by the judges; and
(2) the presiding judges of each of the administrative
judicial regions in which the participating counties are located
sign an order granting the appointment.
Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR
MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
magistrate appointed to preside over a regional specialty court
program may hear any misdemeanor or felony case properly
transferred to the program by an originating trial court
participating in the program, regardless of whether the originating
trial court and specialty court program are in the same county. The
appointed judge or magistrate may exercise only the authority
granted under this subtitle.
(b) The judge or magistrate of a regional specialty court
program may for a case properly transferred to the program:
(1) enter orders, judgments, and decrees for the case;
(2) sign orders of detention, order community service,
or impose other reasonable and necessary sanctions;
(3) send recommendations for dismissal and expunction
to the originating trial court for a defendant who successfully
completes the program; and
(4) return the case and documentation required by this
subtitle to the originating trial court for final disposition on a
defendant's successful completion of or removal from the program.
(c) A visiting judge assigned to preside over a regional
specialty court program has the same authority as the judge or
magistrate appointed to preside over the program.
SECTION 9.02. Section 124.003(b), Government Code, is
amended to read as follows:
(b) A veterans treatment court program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the program
[county or counties in which those defendants reside].
SECTION 9.03. Sections 124.006(a) and (d), Government Code,
are amended to read as follows:
(a) A veterans treatment court program that accepts
placement of a defendant may transfer responsibility for
supervising the defendant's participation in the program to another
veterans treatment court program that is located in the county
where the defendant works or resides or in a county adjacent to the
county where the defendant works or resides. The defendant's
supervision may be transferred under this section only with the
consent of both veterans treatment court programs and the
defendant.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides or in a county adjacent to the county
where the defendant works or resides, provided that a program is
operated in that county and the defendant agrees to the placement.
A defendant placed in a veterans treatment court program in
accordance with this subsection must agree to abide by all rules,
requirements, and instructions of the program.
SECTION 9.04. (a) Section 121.003, Government Code, as
added by this Act, applies only to the appointment of a judge or
magistrate to preside over a regional specialty court program that
occurs on or after the effective date of this Act.
(b) Section 121.004, Government Code, as added by this Act,
applies to a case pending in a regional specialty court program on
or after the effective date of this Act.
ARTICLE 10. PROTECTIVE ORDERS
SECTION 10.01. Section 72.151(3), Government Code, is
amended to read as follows:
(3) "Protective order" means:
(A) an order issued by a court in this state under
Chapter 83 or 85, Family Code, to prevent family violence, as
defined by Section 71.004, Family Code;
(B) an order issued by a court in this state under
Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
sexual assault or abuse, stalking, trafficking, or other harm to
the applicant; or
(C) [. The term includes] a magistrate's order
for emergency protection issued under Article 17.292, Code of
Criminal Procedure, with respect to a person who is arrested for an
offense involving family violence.
SECTION 10.02. Section 72.152, Government Code, is amended
to read as follows:
Sec. 72.152. APPLICABILITY. This subchapter applies only
to:
(1) an application for a protective order filed under:
(A) Chapter 82, Family Code;
(B) Subchapter A, Chapter 7B, Code of Criminal
Procedure; or
(C) [(B)] Article 17.292, Code of Criminal
Procedure, with respect to a person who is arrested for an offense
involving family violence; and
(2) a protective order issued under:
(A) Chapter 83 or 85, Family Code;
(B) Subchapter A, Chapter 7B, Code of Criminal
Procedure; or
(C) [(B)] Article 17.292, Code of Criminal
Procedure, with respect to a person who is arrested for an offense
involving family violence.
SECTION 10.03. Sections 72.154(b) and (d), Government Code,
are amended to read as follows:
(b) Publicly accessible information regarding each
protective order must consist of the following:
(1) the court that issued the protective order;
(2) the case number;
(3) the full name, county of residence, birth year,
and race or ethnicity of the person who is the subject of the
protective order;
(4) the dates the protective order was issued and
served; and
(5) [the date the protective order was vacated, if
applicable; and
[(6)] the date the protective order expired or will
expire, as applicable.
(d) The office may not allow a member of the public to access
through the registry any information related to a protective order
issued under Article 7B.002 or 17.292, Code of Criminal Procedure,
or Chapter 83, Family Code.
SECTION 10.04. Section 72.155(a), Government Code, is
amended to read as follows:
(a) The registry must include a copy of each application for
a protective order filed in this state and a copy of each protective
order issued in this state, including an [a vacated or] expired
order. Only an authorized user, the attorney general, a district
attorney, a criminal district attorney, a county attorney, a
municipal attorney, or a peace officer may access that information
under the registry.
SECTION 10.05. Section 72.157, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) For a protective order [that is vacated or] that has
expired, the clerk of the applicable court shall modify the record
of the order in the registry to reflect the order's status as
[vacated or] expired.
(b-1) For a protective order that is vacated, the clerk of
the applicable court shall remove the record of the order from the
registry.
SECTION 10.06. Section 72.158(a), Government Code, is
amended to read as follows:
(a) The office shall ensure that the public may access
information about protective orders, other than information about
orders under Article 7B.002 or 17.292, Code of Criminal Procedure,
or Chapter 83, Family Code, through the registry, only if:
(1) a protected person requests that the office grant
the public the ability to access the information described by
Section 72.154(b) for the order protecting the person; and
(2) the office approves the request.
SECTION 10.07. Section 72.152, Government Code, as amended
by this Act, applies only to an application for a protective order
filed or a protective order issued on or after the effective date of
this Act.
SECTION 10.08. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall remove the record of any protective orders
that have been vacated from the protective order registry
established under Subchapter F, Chapter 72, Government Code, as
amended by this Act.
ARTICLE 11. TRANSITION
SECTION 11.01. A state agency subject to this Act is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the state agency may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
ARTICLE 12. EFFECTIVE DATE
SECTION 12.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2021.