Office of House Bill AnalysisH.B. 1312
By: Truitt
Juvenile Justice and Family Issues


Currently, a court clerk is required to mail a copy of a protective order
involving family violence to the appropriate law enforcement officials and
to the school or child-care facility involved in the order.  Because of the
circumstances under which protective orders are issued, the timely delivery
of these orders to the proper officials is important.  H.B. 1312 gives
court clerks the option to deliver the order to the officials by electronic
mail or fax as well as by mail.   


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 1.  Amends Section 85.042, Family Code, by amending Subsection (d)
and adding Subsection (e), as follows: 

(d)  Requires the applicant for a protective order or the applicant's
attorney to provide to the clerk of the court the name, facsimile number,
if any, electronic mailing address, if any, and mailing address of each law
enforcement agency, child-care facility, and school to which the clerk is
required to send a copy of the protective order under this section
(Delivery of Order to Other Persons).  Makes a conforming change.   

(e)  Authorizes a copy of an order sent under Subsection (a) or (b) to be
sent by mail, facsimile transmission, or electronic mail.  Subsection (a)
pertains to the delivery of the order to the appropriate constable of the
municipality in which the member of the household protected by the order
resides, and Subsection (b) pertains to the delivery of the order to a
child-care facility or school if a respondent to the order is prohibited
from going to or near the school or facility.  Provides that a copy sent by
electronic mail complies with the requirements of Subsection (a) or (b) if
the copy is a substantial copy and the electronic mail contains language
describing the transmission as a substantial copy. 

SECTION 2.  Emergency clause.
            Effective date:  upon passage.