HBA-CMT S.B. 479 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 479
By: West, Royce
Public Safety
3/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the proper law enforcement authority is required to
enter information concerning the list of all previous background checks and
all other pertinent information about all persons on active protective
orders into the statewide law enforcement information system (statewide
system).  A law enforcement agency is also authorized to enter protective
order information into the agency's own information system.  Due to the
similarity between these existing laws, a law enforcement official may
enter the required information into the law enforcement agency's system but
not into the statewide system and be under the impression that the mandate
to enter the required information was fulfilled.  Law enforcement officials
do not have a required time limit to enter the information into the
statewide system.  Senate Bill 479 clarifies that a law enforcement agency
is required to enter the information into the statewide system and requires
the information to be entered in a certain time period. 

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. 

ANALYSIS

Senate Bill 479 amends the Family Code to require the clerk of the court
issuing an original or modified protective order to send information
concerning the number and nature of protective orders and all other
pertinent information about all persons on active protective orders to the
chief of police of the appropriate municipality.  The bill requires the
applicant or the applicant's attorney to provide the clerk of the court
with all the pertinent information concerning the number and nature of
protective orders.  The bill also requires a law enforcement agency
immediately, but no later than the 10th day after the date a protective
order is received, to enter all pertinent information concerning the number
and nature of protective orders into the statewide law enforcement
information system maintained by the Department of Public Safety. 

EFFECTIVE DATE

September 1, 2001.