Bill Text: TX HB461 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to service of a temporary ex parte order issued in response to an application for a protective order in circumstances involving family violence.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB461 Detail]
Download: Texas-2017-HB461-Introduced.html
Bill Title: Relating to service of a temporary ex parte order issued in response to an application for a protective order in circumstances involving family violence.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB461 Detail]
Download: Texas-2017-HB461-Introduced.html
85R1831 KSD-D | ||
By: Dale | H.B. No. 461 |
|
||
|
||
relating to service of a temporary ex parte order issued in response | ||
to an application for a protective order in circumstances involving | ||
family violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 82.043, Family Code, is amended by | ||
adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as | ||
follows: | ||
(c-1) A constable's office or law enforcement agency with | ||
responsibility for serving a notice of an application for a | ||
protective order together with an associated temporary ex parte | ||
order issued under Section 83.001 shall: | ||
(1) make the initial attempt to serve the notice and | ||
order, and two additional attempts if necessary, within the 48-hour | ||
period immediately following receipt of the notice and order by the | ||
office or agency; | ||
(2) if the initial attempt to serve the notice and | ||
order is unsuccessful, make at least one of the subsequent two | ||
attempts at a different location than the location of the initial | ||
attempt, except as provided by Subsection (c-2); and | ||
(3) send a copy of the notice and order to the | ||
respondent by first class mail to the respondent's last known | ||
mailing address within the 24-hour period immediately following | ||
receipt of the notice and order by the office or agency, unless | ||
personal service is completed during that period or a mailing | ||
address for the respondent is unknown. | ||
(c-2) Subsection (c-1)(2) does not apply if a different | ||
location is unknown and cannot be identified through a background | ||
check of the respondent conducted by the constable's office or law | ||
enforcement agency. | ||
(c-3) A constable's office or law enforcement agency that is | ||
unable to personally serve a notice of an application for a | ||
protective order and an associated temporary ex parte order issued | ||
under Section 83.001 within the 48-hour period required by | ||
Subsection (c-1) after at least three attempts made in compliance | ||
with Subsection (c-1) shall seek a court order authorizing the | ||
office or agency to serve the respondent by affixing the notice and | ||
order to the front door of the respondent's last known residence. | ||
The office or agency shall provide the court with a sworn statement | ||
that describes the efforts made to personally serve the respondent, | ||
including the times and locations of each attempt to provide | ||
personal service. | ||
(c-4) If the court orders the alternate method of service | ||
described by Subsection (c-3), that method of service is sufficient | ||
to subject the respondent to being taken into custody for a | ||
violation of the temporary ex parte order that occurs after service | ||
of the order, as provided by Section 25.07, Penal Code, and Section | ||
11c, Article I, Texas Constitution. | ||
SECTION 2. Section 82.043, Family Code, as amended by this | ||
Act, applies only to a notice of an application for a protective | ||
order and associated temporary ex parte order received by a | ||
constable's office or law enforcement agency on or after the | ||
effective date of this Act. An application for a protective order | ||
and associated temporary ex parte order received by a constable's | ||
office or law enforcement agency before the effective date of this | ||
Act is governed by the law in effect on the date the application and | ||
order are received, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |