By: Zaffirini  S.B. No. 1458          (In the Senate - Filed March 10, 2021; March 24, 2021, read   first time and referred to Committee on Jurisprudence;   April 20, 2021, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 5, Nays 0; April 20, 2021,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1458 By:  Johnson     A BILL TO BE ENTITLED   AN ACT     relating to standardized forms and materials for the issuance of   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 7B.001, 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   72.036, Government Code, that is available on the office's Internet   website.          SECTION 2.  Subchapter A, Chapter 7B, Code of Criminal   Procedure, is amended by adding Article 7B.0021 to read as follows:          Art. 7B.0021.  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 72.036, Government Code, to issue a temporary   ex parte order under Article 7B.002.          SECTION 3.  Article 7B.003, Code of Criminal Procedure, is   amended by adding Subsection (d) to read as follows:          (d)  The court shall use the standardized protective order   form created by the Office of Court Administration of the Texas   Judicial System under Section 72.036, Government Code, to issue 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 72.036,   Government Code, to issue an order for emergency protection under   this article.          SECTION 5.  Section 82.004, Family Code, is amended to read   as follows:          Sec. 82.004.  FORM AND CONTENT [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 72.036,   Government Code, 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 72.036, Government Code, to issue 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 72.036, Government Code, to issue a protective order under   this chapter.          SECTION 8.  Subchapter C, Chapter 72, Government Code, is   amended by adding Section 72.036 to read as follows:          Sec. 72.036.  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, issue, deny, revise, rescind, serve, and   enforce any of the following:                (1)  a protective order under Title 4, Family Code, or   Subchapter A, Chapter 7B, Code of Criminal Procedure;                (2)  a magistrate's order for emergency protection   under Article 17.292, Code of Criminal Procedure; or                (3)  a temporary ex parte order under Chapter 83,   Family Code, or Article 7B.002, 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 a procedure to ensure that a copy of the order is   transmitted to all required parties and all relevant information   required by Section 411.042(b)(6) 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, organizations, and   state agencies that have knowledge and experience in the issues of   protective orders, including the Texas Council on Family Violence   and the Department of Public Safety; 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 not later than June 1, 2022, 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 72.036, Government Code, as added by this Act.     If the office completes the forms and materials required by Section   72.036, Government Code, as added by this Act, before June 1, 2022,   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 7B.001, Code of Criminal Procedure, as   amended by this Act, 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, 2022.  An application for a protective   order filed before June 1, 2022, 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 7B.003 and 17.292, Code of Criminal   Procedure, as amended by this Act, Article 7B.0021, Code of   Criminal Procedure, as added 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 issued on or after June 1, 2022. An   order issued before June 1, 2022, is governed by the law in effect   on the date the order is issued, 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, 2021.     * * * * *