HBA-SEB H.B. 1312 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1312 By: Truitt Juvenile Justice and Family Issues 2/18/1999 Introduced BACKGROUND AND PURPOSE 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. 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. 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.