FAMILY CODE

CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS


	§ 86.001.  ADOPTION OF PROCEDURES BY LAW ENFORCEMENT 
AGENCY.  (a)  To ensure that law enforcement officers responding 
to calls are aware of the existence and terms of protective orders 
issued under this subtitle, each law enforcement agency shall 
establish procedures in the agency to provide adequate information 
or access to information for law enforcement officers of the names 
of each person protected by an order issued under this subtitle and 
of each person against whom protective orders are directed.
	(b)  A law enforcement agency may enter a protective order in 
the agency's computer records of outstanding warrants as notice 
that the order has been issued and is currently in effect.  On 
receipt of notification by a clerk of court that the court has 
vacated or dismissed an order, the law enforcement agency shall 
remove the order from the agency's computer record of outstanding 
warrants.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.              


	§ 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW 
ENFORCEMENT INFORMATION SYSTEM.  On receipt of an original or 
modified protective order from the clerk of the issuing court, a law 
enforcement agency shall immediately, but not later than the 10th 
day after the date the order is received, enter the information 
required by Section 411.042(b)(6), Government Code, into the 
statewide law enforcement information system maintained by the 
Department of Public Safety.

Added by Acts 2001, 77th Leg., ch. 35, § 2, eff. Sept. 1, 2001.            


	§ 86.002.  DUTY TO PROVIDE INFORMATION TO FIREARMS 
DEALERS.  (a)  On receipt of a request for a law enforcement 
information system record check of a prospective transferee by a 
licensed firearms dealer under the Brady Handgun Violence 
Prevention Act, 18 U.S.C. Section 922, the chief law enforcement 
officer shall determine whether the Department of Public Safety has 
in the department's law enforcement information system a record 
indicating the existence of an active protective order directed to 
the prospective transferee.
	(b)  If the department's law enforcement information system 
indicates the existence of an active protective order directed to 
the prospective transferee, the chief law enforcement officer shall 
immediately advise the dealer that the transfer is prohibited.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.              


	§ 86.003.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 
UNDER TEMPORARY ORDER.  On request by an applicant obtaining a 
temporary ex parte protective order that excludes the respondent 
from the respondent's residence, the court granting the temporary 
order shall render a written order to the sheriff, constable, or 
chief of police to provide a law enforcement officer from the 
department of the chief of police, constable, or sheriff to:
		(1)  accompany the applicant to the residence covered 
by the order;         
		(2)  inform the respondent that the court has ordered 
that the respondent be excluded from the residence;
		(3)  protect the applicant while the applicant takes 
possession of the residence;  and
		(4)  protect the applicant if the respondent refuses to 
vacate the residence while the applicant takes possession of the 
applicant's necessary personal property.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.  
Amended by Acts 1997, 75th Leg., ch. 852, § 1, eff. June 18. 
1997.


	§ 86.004.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 
UNDER FINAL ORDER.  On request by an applicant obtaining a final 
protective order that excludes the respondent from the respondent's 
residence, the court granting the final order shall render a 
written order to the sheriff, constable, or chief of police to 
provide a law enforcement officer from the department of the chief 
of police, constable, or sheriff to:
		(1)  accompany the applicant to the residence covered 
by the order;         
		(2)  inform the respondent that the court has ordered 
that the respondent be excluded from the residence;
		(3)  protect the applicant while the applicant takes 
possession of the residence and the respondent takes possession of 
the respondent's necessary personal property;  and
		(4)  if the respondent refuses to vacate the residence:                       
			(A)  remove the respondent from the residence;  
and                        
			(B)  arrest the respondent for violating the court 
order.                  

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.  
Amended by Acts 1997, 75th Leg., ch. 852, § 2, eff. June 18, 
1997.


	§ 86.005.  PROTECTIVE ORDER FROM ANOTHER 
JURISDICTION.  To ensure that law enforcement officers responding 
to calls are aware of the existence and terms of a protective order 
from another jurisdiction, each law enforcement agency shall 
establish procedures in the agency to provide adequate information 
or access to information for law enforcement officers regarding the 
name of each person protected by an order rendered in another 
jurisdiction and of each person against whom the protective order 
is directed.

Added by Acts 1997, 75th Leg., ch. 1193, § 17, eff. Sept. 1, 
1997.  Amended by Acts 2001, 77th Leg., ch. 48, § 1, eff. Sept. 1, 
2001.