By: Rodríguez, Garcia	S.B. No. 1242

	A BILL TO BE ENTITLED
	AN ACT
	relating to the confidentiality of certain personal information of
	an applicant for or a person protected by a protective order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 82, Family Code, is
	amended by adding Section 82.011 to read as follows:
	Sec. 82.011.  CONFIDENTIALITY OF CERTAIN INFORMATION. On
	request by an applicant, the court may protect the applicant's
	mailing address by rendering an order:
	(1)  requiring the applicant to:
	(A)  disclose the applicant's mailing address to
	the court;
	(B)  designate a person to receive on behalf of
	the applicant any notice or documents filed with the court related
	to the application; and
	(C)  disclose the designated person's mailing
	address to the court;
	(2)  requiring the court clerk to:
	(A)  strike the applicant's mailing address from
	the public records of the court, if applicable; and
	(B)  maintain a confidential record of the
	applicant's mailing address for use only by the court; and
	(3)  prohibiting the release of the information to the
	respondent.
	SECTION 2.  Section 82.041(a), Family Code, is amended to
	read as follows:
	(a)  A notice of an application for a protective order must:
	(1)  be styled "The State of Texas";
	(2)  be signed by the clerk of the court under the
	court's seal;
	(3)  contain the name and location of the court;
	(4)  show the date the application was filed;
	(5)  show the date notice of the application for a
	protective order was issued;
	(6)  show the date, time, and place of the hearing;
	(7)  show the file number;
	(8)  show the name of each applicant and each person
	alleged to have committed family violence;
	(9)  be directed to each person alleged to have
	committed family violence;
	(10)  show:
	(A)  the name and address of the attorney for the
	applicant; or
	(B)  [the mailing address of the applicant,] if
	the applicant is not represented by an attorney:
	(i)  the mailing address of the applicant;
	or
	(ii)  if applicable, the name and mailing
	address of the person designated under Section 82.011; and
	(11)  contain the address of the clerk of the court.
	SECTION 3.  Section 85.007(b), Family Code, is amended to
	read as follows:
	(b)  On granting a request for confidentiality under this
	section, the court shall order the clerk to:
	(1)  strike the information described by Subsection (a)
	from the public records of the court; and
	(2)  maintain a confidential record of the information
	for use only by:
	(A)  the court; or
	(B)  a law enforcement agency for purposes of
	entering the information required by Section 411.042(b)(6),
	Government Code, into the statewide law enforcement information
	system maintained by the Department of Public Safety.
	SECTION 4.  Section 411.042(b), Government Code, is amended
	to read as follows:
	(b)  The bureau of identification and records shall:
	(1)  procure and file for record photographs, pictures,
	descriptions, fingerprints, measurements, and other pertinent
	information of all persons arrested for or charged with a criminal
	offense or convicted of a criminal offense, regardless of whether
	the conviction is probated;
	(2)  collect information concerning the number and
	nature of offenses reported or known to have been committed in the
	state and the legal steps taken in connection with the offenses, and
	other information useful in the study of crime and the
	administration of justice, including information that enables the
	bureau to create a statistical breakdown of:
	(A)  offenses in which family violence was
	involved;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02 and 43.05,
	Penal Code;
	(3)  make ballistic tests of bullets and firearms and
	chemical analyses of bloodstains, cloth, materials, and other
	substances for law enforcement officers of the state;
	(4)  cooperate with identification and crime records
	bureaus in other states and the United States Department of
	Justice;
	(5)  maintain a list of all previous background checks
	for applicants for any position regulated under Chapter 1702,
	Occupations Code, who have undergone a criminal history background
	check under Section 411.119, if the check indicates a Class B
	misdemeanor or equivalent offense or a greater offense;
	(6)  collect information concerning the number and
	nature of protective orders and magistrate's orders of emergency
	protection and all other pertinent information about all persons
	subject to active orders, including pertinent information about
	persons subject to conditions of bond imposed for the protection of
	the victim in any family violence, sexual assault or abuse,
	stalking, or trafficking case. Information in the law enforcement
	information system relating to an active order shall include:
	(A)  the name, sex, race, date of birth, personal
	descriptors, address, and county of residence of the person to whom
	the order is directed;
	(B)  any known identifying number of the person to
	whom the order is directed, including the person's social security
	number or driver's license number;
	(C)  the name and county of residence of the
	person protected by the order;
	(D)  the residence address and place of employment
	or business of the person protected by the order, unless that
	information is excluded from the order under [Section 85.007,
	Family Code, or] Article 17.292(e), Code of Criminal Procedure;
	(E)  the child-care facility or school where a
	child protected by the order normally resides or which the child
	normally attends, unless that information is excluded from the
	order under [Section 85.007, Family Code, or] Article 17.292(e),
	Code of Criminal Procedure;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, stalking,
	or trafficking case;
	(H)  any minimum distance the person subject to
	the order is required to maintain from the protected places or
	persons; and
	(I)  the date the order expires;
	(7)  grant access to criminal history record
	information in the manner authorized under Subchapter F;
	(8)  collect and disseminate information regarding
	offenders with mental impairments in compliance with Chapter 614,
	Health and Safety Code; and
	(9)  record data and maintain a state database for a
	computerized criminal history record system and computerized
	juvenile justice information system that serves:
	(A)  as the record creation point for criminal
	history record information and juvenile justice information
	maintained by the state; and
	(B)  as the control terminal for the entry of
	records, in accordance with federal law and regulations, federal
	executive orders, and federal policy, into the federal database
	maintained by the Federal Bureau of Investigation.
	SECTION 5.  Section 82.011, Family Code, as added by this
	Act, applies only to an application for a protective order that is
	filed on or after the effective date of this Act. An application
	for a protective order filed before the effective date of this Act
	is governed by the law in effect on the date the application is
	filed, and the former law is continued in effect for that purpose.
	SECTION 6.  Section 85.007, Family Code, and Section
	411.042, Government Code, as amended by this Act, apply to a
	protective order issued on or after the effective date of this Act,
	regardless of whether the conduct on which the order is based
	occurred before, on, or after that date.
	SECTION 7.  This Act takes effect September 1, 2017.