Relating to access to, disclosure of, and notification of protective order registry information, judicial sanctions regarding improper disclosure of or misleading information, and a study on the registry.

89(R) HB 1571 - House Committee Report version - Bill Text

89R27978 BCH-D

By: Jones of Harris, et al.

H.B. No. 1571

Substitute the following for H.B. No. 1571:

By: Moody

C.S.H.B. No. 1571

A BILL TO BE ENTITLED

AN ACT

relating to access to, disclosure of, and notification of

protective order registry information, judicial sanctions

regarding improper disclosure of or misleading information, and a

study on the registry.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as Anthony's Law.

SECTION 2. Section 6.405, Family Code, is amended to read as

follows:

Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The

petition
and answer
in a suit for dissolution of a marriage must

state whether, in regard to a party to the suit or a child of a party

to the suit:

(1) there is in effect:

(A) a protective order under Title 4;

(B) a protective order under Subchapter A,

Chapter 7B, Code of Criminal Procedure; or

(C) an order for emergency protection under

Article 17.292, Code of Criminal Procedure; or

(2) an application for an order described by

Subdivision (1) is pending.

(b) The petitioner
or respondent
shall attach to the

petition
or answer, as applicable:

(1)

a certification the petitioner or respondent

reviewed the protective order registry maintained under Subchapter

F, Chapter 72, Government Code, and disclosed each order described

by Subsection (a)(1); and

(2)
a copy of each order described by Subsection

(a)(1) in which a party to the suit or the child of a party to the

suit was the applicant or victim of the conduct alleged in the

application or order and the other party was the respondent or

defendant of an action regarding the conduct alleged in the

application or order without regard to the date of the order.

(c)
If a copy of
an
[
the
] order
required to be attached under

Subsection (b)(2)
is not available at the time of filing, the

petition
or answer
must state that a copy of the order will be filed

with the court before any hearing.

(d) A court may impose a sanction against a party who:

(1)

fails to disclose an order described by Subsection

(a)(1) that is included on the protective order registry maintained

under Subchapter F, Chapter 72, Government Code; or

(2)

knowingly misleads the court regarding an order or

application described by Subsection (a).

SECTION 3. Section 72.155, Government Code, is amended to

read as follows:

Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER

REGISTRY. (a) The registry must include a copy of each

application for a protective order filed in this state and a copy of

each protective order issued in this state, including an expired

order, or a vacated order other than an order that was vacated as

the result of an appeal or bill of review from a district or county

court.
Subject to Subsection (c), only
[
Only
] an authorized user,

the attorney general, a district attorney, a criminal district

attorney, a county attorney, a municipal attorney,
an attorney

representing a party in a civil action, a victim of family violence

or of an offense for which a protective order may be granted under

Chapter 7B, Code of Criminal Procedure, who is representing himself

or herself in a civil action,
a magistrate, or a peace officer may

access that information under the registry.

(b) The office shall ensure that an authorized user, the

attorney general, a district attorney, a criminal district

attorney, a county attorney, a municipal attorney,
a victim of

family violence or of an offense for which a protective order may be

granted under Chapter 7B, Code of Criminal Procedure, who is

representing himself or herself in a civil action,
a magistrate,

[
or
] a peace officer
, or, subject to Subsection (c), an attorney

representing a party in a civil action
is able to search for and

receive a copy of a filed application for a protective order or a

copy of an issued protective order through the registry's Internet

website.

(c)

An attorney representing a party in a civil action may

not access:

(1)

an application for a protective order filed in

this state unless the protective order was granted and is in effect,

has expired, or was vacated by final judgment; or

(2)

confidential or sealed portions of an application

for a protective order or a protective order, including an address

or the contact information of a protected party.

SECTION 4. Subchapter F, Chapter 72, Government Code, is

amended by adding Section 72.1555 to read as follows:

Sec.

72.1555.

ACCESS TO AND NOTIFICATION OF CERTAIN

REGISTRY INFORMATION. (a)

The protective order registry must be

configured to provide access to information in the registry to:

(1)

a court with jurisdiction over a case in which a

person who is subject to a protective order appears related to a

civil violation of the protective order or for any criminal

offense;

(2)

the attorney general or a district attorney,

criminal district attorney, county attorney, or municipal attorney

who is prosecuting a person who is subject to the protective order;

(3)

an attorney representing a party in a civil action

or a victim of family violence or of an offense for which a

protective order may be granted under Chapter 7B, Code of Criminal

Procedure, who is representing himself or herself in a civil

action; or

(4)

a peace officer who is investigating a person who

is subject to the protective order.

(b)

If a person subject to a protective order issued by a

court appears in a court of another county for a civil violation of

the protective order or any criminal offense, the registry must be

configured to provide notice to the court that issued the

protective order of:

(1)

the time, place, and nature of the person's

violation or offense;

(2)

the name and location of the court with

jurisdiction over the violation or offense;

(3)

the name and contact information of the attorney

general or the district attorney, criminal district attorney,

county attorney, or municipal attorney who is prosecuting the

violation or offense; and

(4)

the name and contact information of any peace

officer whose information is included in the registry as the

investigator for the violation or offense.

SECTION 5. (a) In this section, "office" means the Office

of Court Administration of the Texas Judicial System.

(b) The office shall conduct a study to determine:

(1) whether the changes in law made by this Act

relating to the protective order registry maintained under

Subchapter F, Chapter 72, Government Code, can be securely

implemented without risking system integrity or unauthorized

access; and

(2) the feasibility of expanding the protective order

registry maintained under Subchapter F, Chapter 72, Government

Code, to support information sharing between national or other

state databases.

(c) The office shall prepare a report on the results of the

study conducted under this section, including any recommendations

for legislative action to increase the efficacy of the protective

order registry maintained under Subchapter F, Chapter 72,

Government Code, or the safety of applicants for protective orders

in this state.

(d) Not later than September 1, 2026, the office shall

submit the report prepared under Subsection (c) of this section to

the governor, lieutenant governor, speaker of the house of

representatives, and appropriate standing committees of the

legislature.

(e) This section expires January 1, 2027.

SECTION 6. This Act takes effect September 1, 2025.