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AN ACT
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relating to expanding access to the protective order registry and |
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the inclusion of certain information regarding a person who is the |
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subject of a protective order in that registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 72.154(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Subsections (c) and (d) and Section 72.158, |
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the office shall establish and maintain the registry in a manner |
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that allows a member of the public, free of charge, to |
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electronically search for and receive publicly accessible |
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information contained in the registry regarding each protective |
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order issued in this state. The registry must be searchable by: |
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(1) the county of issuance; |
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(2) the name of a person who is the subject of the |
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protective order; [and] |
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(3) any known common misspellings of the name of a |
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person who is the subject of the protective order; |
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(4) any known aliases of a person who is the subject of |
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the protective order; and |
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(5) the birth year of a person who is the subject of |
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the protective order. |
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SECTION 2. Section 72.155, Government Code, is amended to |
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read as follows: |
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Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER |
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REGISTRY. (a) The registry must include a copy of each application |
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for a protective order filed in this state and a copy of each |
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protective order issued in this state, including an expired order, |
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or a vacated order other than an order that was vacated as the |
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result of an appeal or bill of review from a district or county |
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court. Only an authorized user, the attorney general, a district |
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attorney, a criminal district attorney, a county attorney, a |
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municipal attorney, a magistrate, or a peace officer may access |
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that information under the registry. |
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(b) The office shall ensure that an authorized user, the |
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attorney general, a district attorney, a criminal district |
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attorney, a county attorney, a municipal attorney, a magistrate, or |
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a peace officer is able to search for and receive a copy of a filed |
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application for a protective order or a copy of an issued protective |
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order through the registry's Internet website. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3698 was passed by the House on April |
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20, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3698 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |