86R8017 TSS-D
	By: Watson	S.B. No. 1946

	A BILL TO BE ENTITLED
	AN ACT
	relating to a standardized form and materials necessary for
	protective orders, magistrate's orders for emergency protection,
	and temporary ex parte orders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 7A.01, Code of Criminal Procedure, is
	amended by adding Subsection (c) to read as follows:
	(c)  A person filing an application under this article shall
	use the protective order application form created by the Office of
	Court Administration of the Texas Judicial System under Section
	72.033, Government Code, and that is available on the office's
	Internet website.
	SECTION 2.  Article 7A.02, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 7A.02.  TEMPORARY EX PARTE ORDER.  (a)  If the court
	finds from the information contained in an application for a
	protective order that there is a clear and present danger of sexual
	assault or abuse, stalking, trafficking, or other harm to the
	applicant, the court, without further notice to the alleged
	offender and without a hearing, may enter a temporary ex parte order
	for the protection of the applicant or any other member of the
	applicant's family or household.
	(b)  The court shall use the standardized temporary ex parte
	order form created by the Office of Court Administration of the
	Texas Judicial System under Section 72.033, Government Code, to
	enter a temporary ex parte order under this article.
	SECTION 3.  Article 7A.03, Code of Criminal Procedure, is
	amended by adding Subsection (c) to read as follows:
	(c)  The court shall use the standardized protective order
	form created by the Office of Court Administration of the Texas
	Judicial System under Section 72.033, Government Code, to enter a
	protective order under this article.
	SECTION 4.  Article 17.292, Code of Criminal Procedure, is
	amended by adding Subsection (d-1) to read as follows:
	(d-1)  The magistrate shall use the standardized order for
	emergency protection form created by the Office of Court
	Administration of the Texas Judicial System under Section 72.033,
	Government Code, to enter an order for emergency protection under
	this article.
	SECTION 5.  Section 82.004, Family Code, is amended to read
	as follows:
	Sec. 82.004.  CONTENTS OF APPLICATION.  A person filing an
	application under this chapter shall use the protective order
	application form created by the Office of Court Administration of
	the Texas Judicial System under Section 72.033, Government Code,
	and that is available on the office's Internet website, and shall
	include in the application [An application must state]:
	(1)  the name and county of residence of each
	applicant;
	(2)  the name and county of residence of each
	individual alleged to have committed family violence;
	(3)  the relationships between the applicants and the
	individual alleged to have committed family violence;
	(4)  a request for one or more protective orders; and
	(5)  whether an applicant is receiving services from
	the Title IV-D agency in connection with a child support case and,
	if known, the agency case number for each open case.
	SECTION 6.  Chapter 83, Family Code, is amended by adding
	Section 83.007 to read as follows:
	Sec. 83.007.  STANDARD TEMPORARY EX PARTE ORDER FORM. The
	court shall use the standardized temporary ex parte order form
	created by the Office of Court Administration of the Texas Judicial
	System under Section 72.033, Government Code, to enter a temporary
	ex parte order under this chapter.
	SECTION 7.  Subchapter B, Chapter 85, Family Code, is
	amended by adding Section 85.0225 to read as follows:
	Sec. 85.0225.  STANDARD PROTECTIVE ORDER FORM. The court
	shall use the standardized protective order form created by the
	Office of Court Administration of the Texas Judicial System under
	Section 72.033, Government Code, to enter a protective order under
	this chapter.
	SECTION 8.  Subchapter C, Chapter 72, Government Code, is
	amended by adding Section 72.033 to read as follows:
	Sec. 72.033.  PROTECTIVE ORDER APPLICATIONS, FORMS, AND
	MATERIALS.  (a)  The office shall develop and make available on the
	office's Internet website standardized forms and other materials
	necessary to apply for, enter, deny, revise, rescind, serve, and
	enforce:
	(1)  a protective order under Title 4, Family Code, and
	Article 7A.01, Code of Criminal Procedure;
	(2)  a magistrate's order for emergency protection
	under Article 17.292, Code of Criminal Procedure; and
	(3)  a temporary ex parte order under Chapter 83,
	Family Code, and Article 7A.02, Code of Criminal Procedure.
	(b)  Each standardized form developed under Subsection (a)
	to be used by a magistrate or court issuing an order must include:
	(1)  the prohibitions and requirements imposed on the
	respondent;
	(2)  the duration of the order;
	(3)  the potential consequences of violating the order;
	and
	(4)  any other admonishments or warnings required by
	law.
	(c)  The materials developed under Subsection (a) must
	include:
	(1)  a procedure to allow the magistrate or court to
	discover the respondent's access to a firearm and a plan the
	respondent is required to follow in relinquishing any licenses or
	firearms; and
	(2)  a procedure to ensure that a copy of the order is
	transmitted to all required parties and all relevant information is
	entered into the statewide law enforcement information system
	maintained by the Department of Public Safety under Section 411.042
	and any other applicable databases.
	(d)  In developing the required applications, forms, and
	materials, the office shall:
	(1)  consult with individuals and organizations with
	knowledge and experience in the issues of protective orders,
	including the Texas Council on Family Violence; and
	(2)  give consideration to promoting uniformity of law
	among the states that enact the Uniform Interstate Enforcement of
	Domestic Violence Protection Orders Act.
	SECTION 9.  As soon as practicable after the effective date
	of this Act, but no later than June 1, 2020, the Office of Court
	Administration of the Texas Judicial System shall create and make
	available on the office's Internet website all forms and materials
	required by Section 72.033, Government Code, as added by this Act.
	If the office completes the forms and materials required by Section
	72.033, Government Code, as added by this Act, before June 1, 2020,
	the office shall notify each court clerk, judge, magistrate, and
	prosecution agency in the state of the availability of the forms and
	materials.
	SECTION 10.  Article 7A.01, Code of Criminal Procedure, and
	Section 82.004, Family Code, as amended by this Act, apply only to
	an application for a protective order that is filed on or after June
	1, 2020.  An application for a protective order filed before June 1,
	2020, 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 11.  Articles 7A.02, 7A.03, and 17.292, Code of
	Criminal Procedure, as amended by this Act, and Sections 83.007 and
	85.0225, Family Code, as added by this Act, apply only to a
	protective order, magistrate's order for emergency protection, or
	temporary ex parte order that is entered on or after June 1, 2020.
	An order entered before June 1, 2020, is governed by the law in
	effect on the date the order is entered, and the former law is
	continued in effect for that purpose.
	SECTION 12.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2019.