Texas Statutes (Last Updated: January 4, 2014) |
FAMILY CODE |
Title 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE |
Subtitle B. PROTECTIVE ORDERS |
Chapter 85. ISSUANCE OF PROTECTIVE ORDER |
Subchapter C. DELIVERY OF PROTECTIVE ORDER |
Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS
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(a) The clerk of the court issuing an original or modified protective order under this subtitle shall send a copy of the order, along with the information provided by the applicant or the applicant's attorney that is required under Section 411.042(b)(6), Government Code, to the chief of police of the municipality in which the person protected by the order resides, if the person resides in a municipality, or to the appropriate constable and the sheriff of the county in which the person resides, if the person does not reside in a municipality.
(a-1) This subsection applies only if the respondent, at the time of issuance of an original or modified protective order under this subtitle, is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status. In addition to complying with Subsection (a), the clerk of the court shall also provide a copy of the protective order and the information described by that subsection to the staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which the respondent is assigned with the intent that the commanding officer will be notified, as applicable.
(b) If a protective order made under this chapter prohibits a respondent from going to or near a child-care facility or school, the clerk of the court shall send a copy of the order to the child-care facility or school.
(c) The clerk of a court that vacates an original or modified protective order under this subtitle shall notify each individual or entity who received a copy of the original or modified order from the clerk under this section that the order is vacated.
(d) The applicant or the applicant's attorney shall provide to the clerk of the court:
(1) the name and address of each law enforcement agency, child-care facility, school, and other individual or entity to which the clerk is required to mail a copy of the order under this section; and
(2) any other information required under Section 411.042(b)(6), Government Code.
(e) The clerk of the court issuing an original or modified protective order under Section 85.022 that suspends a license to carry a concealed handgun shall send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. On receipt of the order suspending the license, the department shall:
(1) record the suspension of the license in the records of the department;
(2) report the suspension to local law enforcement agencies, as appropriate; and
(3) demand surrender of the suspended license from the license holder.