This section lets an individual register a foreign protective order in Texas and requires the registering person and agency to follow specific filing and registration steps. It also bars charging a fee for registration.
Sec. 88.005. REGISTRATION OF ORDER. (a) An individual may register a foreign protective order in this state. To register a foreign protective order, an individual shall: (1) present a certified copy of the order to a sheriff, constable, or chief of police responsible for the registration of orders in the local computer records and in the statewide law enforcement system maintained by the Texas Department of Public Safety; or (2) present a certified copy of the order to the Department of Public Safety and request that the order be registered in the statewide law enforcement system maintained by the Department of Public Safety. (b) On receipt of a foreign protective order, the agency responsible for the registration of protective orders shall register the order in accordance with this section and furnish to the individual registering the order a certified copy of the registered order. (c) The agency responsible for the registration of protective orders shall register a foreign protective order on presentation of a copy of a protective order that has been certified by the issuing state. A registered foreign protective order that is inaccurate or not currently in effect shall be corrected or removed from the registry in accordance with the law of this state. (d) An individual registering a foreign protective order shall file an affidavit made by the protected individual that, to the best of the protected individual's knowledge, the order is in effect. (e) A foreign protective order registered under this section may be entered in any existing state or federal registry of protective orders, in accordance with state or federal law. (f) A fee may not be charged for the registration of a foreign protective order. Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.