HBA-SEB S.B. 804 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 804
By: Ellis
Juvenile Justice and Family Issues
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Family Code and the Code of Criminal Procedure contain
provisions for issuing protective orders to protect victims of family
violence from further future violence, while the Penal Code establishes
penalties for violations of the protective orders.  Texas, however, does
not have a standard format for protective orders.  S.B. 804 requires the
Texas Department of Public Safety to collaborate with the Texas Council on
Family Violence and the Texas District and County Attorneys Association to
develop a standard format for protective orders issued in cases of family
violence. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a)  Requires the Department of Public Safety (DPS) to
collaborate with the Texas Council on Family Violence and the Texas
District and County Attorneys Association to develop a standard format for
protective orders issued under Title 4, Family Code (Protective Orders and
Family Violence). 

(b)  Requires DPS, in developing the standard format for protective orders,
to consider the standard formats for protective orders adopted by other
states. 

(c)  Provides that the standard format for a protective order must be
concise and easily understandable to a peace officer who attempts to
enforce the order, to the maximum extent possible. 

SECTION 2.  Requires the director of DPS, not later than December 1, 2000,
to make a recommendation to the 77th Legislature regarding a standard
format for protective orders issued under Title 4, Family Code. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.