1-1                                   AN ACT
 1-2     relating to the uniform enforcement of protective orders from other
 1-3     states.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 86.005, Family Code, is amended to read as
 1-6     follows:
 1-7           Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
 1-8     (a) To ensure that law enforcement officers responding to calls
 1-9     are aware of the existence and terms of a protective order from
1-10     another jurisdiction, each law enforcement agency shall establish
1-11     procedures in the agency to provide adequate information or access
1-12     to information for law enforcement officers regarding the name of
1-13     each person protected by an order rendered in another jurisdiction
1-14     and of each person against whom the protective order is directed.
1-15           (b) Unless a law enforcement officer knows that the
1-16     protective order has expired, the officer shall rely on:
1-17                 (1)  a copy of a protective order from another
1-18     jurisdiction that has been provided to the officer by any source;
1-19     and
1-20                 (2)  the statement by a person protected by the order
1-21     that the order remains in effect.
1-22           (c)  A law enforcement officer acting in good faith is not
1-23     subject to civil or criminal liability for any action arising in
1-24     connection with the enforcement of a protective order issued in
 2-1     another jurisdiction that a court later determines was not entitled
 2-2     to full faith and credit under Chapter 88.
 2-3           SECTION 2. Chapter 88, Family Code, is amended to read as
 2-4     follows:
 2-5               CHAPTER 88.  UNIFORM INTERSTATE ENFORCEMENT OF
 2-6           PROTECTIVE ORDERS ACT ORDER FROM ANOTHER JURISDICTION
 2-7           Sec. 88.001.  SHORT TITLE. This chapter may be cited as the
 2-8     Uniform Interstate Enforcement of Domestic Violence Protection
 2-9     Orders Act.
2-10           Sec. 88.002.  DEFINITIONS. In this chapter:
2-11                 (1)  "Foreign protective order" means a protective
2-12     order issued by a tribunal of another state.
2-13                 (2)  "Issuing state" means the state in which a
2-14     tribunal issues a protective order.
2-15                 (3)  "Mutual foreign protective order" means a foreign
2-16     protective order that includes provisions issued in favor of both
2-17     the protected individual seeking enforcement of the order and the
2-18     respondent.
2-19                 (4)  "Protected individual" means an individual
2-20     protected by a protective order.
2-21                 (5)  "Protective order" means an injunction or other
2-22     order, issued by a tribunal under the domestic violence or family
2-23     violence laws or another law of the issuing state, to prevent an
2-24     individual from engaging in violent or threatening acts against,
2-25     harassing, contacting or communicating with, or being in physical
2-26     proximity to another individual.
2-27                 (6)  "Respondent" means the individual against whom
 3-1     enforcement of a protective order is sought.
 3-2                 (7)  "State" means a state of the United States, the
 3-3     District of Columbia, the Commonwealth of Puerto Rico, the United
 3-4     States Virgin Islands, or a territory or insular possession subject
 3-5     to the jurisdiction of the United States.  The term includes a
 3-6     military tribunal of the United States, an Indian tribe or band,
 3-7     and an Alaskan native village that has jurisdiction to issue
 3-8     protective orders.
 3-9                 (8)  "Tribunal" means a court, agency, or other entity
3-10     authorized by law to issue or modify a protective order.
3-11           Sec. 88.003.  JUDICIAL ENFORCEMENT OF ORDER. (a)  A tribunal
3-12     of this state shall enforce the terms of a foreign protective
3-13     order, including a term that provides relief that a tribunal of
3-14     this state would not have power to provide but for this section.
3-15     The tribunal shall enforce the order regardless of whether the
3-16     order was obtained by independent action or in another proceeding,
3-17     if the order is an order issued in response to a complaint,
3-18     petition, or motion filed by or on behalf of an individual seeking
3-19     protection. In a proceeding to enforce a foreign protective order,
3-20     the tribunal shall follow the procedures of this state for the
3-21     enforcement of protective orders.
3-22           (b)  A tribunal of this state shall enforce the provisions of
3-23     the foreign protective order that govern the possession of and
3-24     access to a child if the provisions were issued in accordance with
3-25     the jurisdictional requirements governing the issuance of
3-26     possession and access orders in the issuing state.
3-27           (c)  A tribunal of this state may enforce a provision of the
 4-1     foreign protective order relating to child support if the order was
 4-2     issued in accordance with the jurisdictional requirements of
 4-3     Chapter 159 and the federal Full Faith and Credit for Child Support
 4-4     Orders Act, 28 U.S.C. Section 1738B, as amended.
 4-5           (d)  A foreign protective order is valid if the order:
 4-6                 (1)  names the protected individual and the respondent;
 4-7                 (2)  is currently in effect;
 4-8                 (3)  was rendered by a tribunal that had jurisdiction
 4-9     over the parties and the subject matter under the law of the
4-10     issuing state; and
4-11                 (4)  was rendered after the respondent was given
4-12     reasonable notice and an opportunity to be heard consistent with
4-13     the right to due process, either:
4-14                       (A)  before the tribunal issued the order; or
4-15                       (B)  in the case of an ex parte order, within a
4-16     reasonable time after the order was rendered.
4-17           (e)  A protected individual seeking enforcement of a foreign
4-18     protective order establishes a prima facie case for its validity by
4-19     presenting an order that is valid on its face.
4-20           (f)  It is an affirmative defense in an action seeking
4-21     enforcement of a foreign protective order that the order does not
4-22     meet the requirements for a valid order under Subsection (d).
4-23           (g)  A tribunal of this state may enforce the provisions of a
4-24     mutual foreign protective order that favor a respondent only if:
4-25                 (1)  the respondent filed a written pleading seeking a
4-26     protective order from the tribunal of the issuing state; and
4-27                 (2)  the tribunal of the issuing state made specific
 5-1     findings in favor of the respondent.
 5-2           Sec. 88.004.  NONJUDICIAL ENFORCEMENT OF ORDER. (a)  A law
 5-3     enforcement officer of this state, on determining that there is
 5-4     probable cause to believe that a valid foreign protective order
 5-5     exists and that the order has been violated, shall enforce the
 5-6     foreign protective order as if it were an order of a tribunal of
 5-7     this state.  A law enforcement officer has probable cause to
 5-8     believe that a foreign protective order exists if the protected
 5-9     individual presents a foreign protective order that identifies both
5-10     the protected individual and the respondent and on its face, is
5-11     currently in effect.
5-12           (b)  For the purposes of this section, a foreign protective
5-13     order may be inscribed on a tangible medium or may be stored in an
5-14     electronic or other medium if it is retrievable in a perceivable
5-15     form.  Presentation of a certified copy of a protective order is
5-16     not required for enforcement.
5-17           (c)  If a protected individual does not present a foreign
5-18     protective order, a law enforcement officer may determine that
5-19     there is probable cause to believe that a valid foreign protective
5-20     order exists by relying on any relevant information.
5-21           (d)  A law enforcement officer of this state who determines
5-22     that an otherwise valid foreign protective order cannot be enforced
5-23     because the respondent has not been notified or served with the
5-24     order shall inform the respondent of the order and make a
5-25     reasonable effort to serve the order on the respondent.  After
5-26     informing the respondent and attempting to serve the order, the
5-27     officer shall allow the respondent a reasonable opportunity to
 6-1     comply with the order before enforcing the order.
 6-2           (e)  The registration or filing of an order in this state is
 6-3     not required for the enforcement of a valid foreign protective
 6-4     order under this chapter.
 6-5           Sec. 88.005.  REGISTRATION OF ORDER. (a)  An individual may
 6-6     register a foreign protective order in this state.  To register a
 6-7     foreign protective order, an individual shall:
 6-8                 (1)  present a certified copy of the order to a
 6-9     sheriff, constable, or chief of police responsible for the
6-10     registration of orders in the local computer records and in the
6-11     statewide law enforcement system maintained by the Texas Department
6-12     of Public Safety; or
6-13                 (2)  present a certified copy of the order to the
6-14     Department of Public Safety and request that the order be
6-15     registered in the statewide law enforcement system maintained by
6-16     the Department of Public Safety.
6-17           (b)  On receipt of a foreign protective order, the agency
6-18     responsible for the registration of protective orders shall
6-19     register the order in accordance with this section and furnish to
6-20     the individual registering the order a certified copy of the
6-21     registered order.
6-22           (c)  The agency responsible for the registration of
6-23     protective orders shall register a foreign protective order on
6-24     presentation of a copy of a protective order that has been
6-25     certified by the issuing state.  A registered foreign protective
6-26     order that is inaccurate or not currently in effect shall be
6-27     corrected or removed from the registry in accordance with the law
 7-1     of this state.
 7-2           (d)  An individual registering a foreign protective order
 7-3     shall file an affidavit made by the protected individual that, to
 7-4     the best of the protected individual's knowledge, the order is in
 7-5     effect.
 7-6           (e)  A foreign protective order registered under this section
 7-7     may be entered in any existing state or federal registry of
 7-8     protective orders, in accordance with state or federal law.
 7-9           (f)  A fee may not be charged for the registration of a
7-10     foreign protective order.
7-11           Sec. 88.006.  IMMUNITY. A state or local governmental agency,
7-12     law enforcement officer, prosecuting attorney, clerk of court, or
7-13     any state or local governmental official acting in an official
7-14     capacity is immune from civil and criminal liability for an act or
7-15     omission arising from the registration or enforcement of a foreign
7-16     protective order or the detention or arrest of a person alleged to
7-17     have violated a foreign protective order if the act or omission was
7-18     done in good faith in an effort to comply with this chapter.
7-19           Sec. 88.007.  OTHER REMEDIES. A protected individual who
7-20     pursues a remedy under this chapter is not precluded from pursuing
7-21     other legal or equitable remedies against the respondent.
7-22           Sec. 88.008.  UNIFORMITY OF APPLICATION AND CONSTRUCTION. In
7-23     applying and construing this chapter, consideration shall be given
7-24     to the need to promote uniformity of the law with respect to its
7-25     subject matter among the states that enact the Uniform Interstate
7-26     Enforcement of Domestic Violence Protection Orders Act.
7-27           Sec. 88.001.  FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM
 8-1     ANOTHER JURISDICTION. (a)  Except as provided by Subsection (b), a
 8-2     protective order from another jurisdiction shall be accorded full
 8-3     faith and credit by the courts of this state and enforced as if the
 8-4     order were rendered by a court in this state.
 8-5           (b)  A protective order from another jurisdiction rendered
 8-6     against both the applicant and respondent is not enforceable
 8-7     against the applicant in this state unless:
 8-8                 (1)  the respondent filed a cross or counter petition,
 8-9     complaint, or other written pleading seeking a protective order
8-10     against the applicant; and
8-11                 (2)  the issuing court determined that each party was
8-12     entitled to a protective order.
8-13           Sec. 88.002.  PRESUMPTION OF VALIDITY.  A protective order
8-14     from another jurisdiction is presumed to be valid if the order
8-15     appears authentic on the order's face.
8-16           Sec. 88.003.  AFFIRMATIVE DEFENSE.  It is an affirmative
8-17     defense in any action seeking enforcement of a protective order
8-18     rendered in another jurisdiction that the respondent was not given
8-19     reasonable notice and an opportunity to be heard consistent with
8-20     due process either:
8-21                 (1)  before the date the order was rendered; or
8-22                 (2)  in the case of an ex parte order, within the time
8-23     required by the jurisdiction rendering the order after the date the
8-24     order was rendered, but not later than a reasonable time.
8-25           Sec. 88.004.  ENFORCEMENT OF AN ORDER. A protective order
8-26     from another jurisdiction may be enforced even if the order is not
8-27     entered into the state law enforcement information system
 9-1     maintained by the Department of Public Safety.
 9-2           SECTION 3. Section 71.008, Family Code, is repealed.
 9-3           SECTION 4. This Act takes effect September 1, 2001, and
 9-4     applies to an action to enforce a foreign protective order filed on
 9-5     or after that date.  An action to enforce a foreign protective
 9-6     order filed before the effective date of this Act is governed by
 9-7     the law in effect on the date the action was filed, and that law is
 9-8     continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 919 was passed by the House on March
         28, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 919 was passed by the Senate on April
         24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor