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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 27CRIME RECORDS
SUBCHAPTER FACTIVE PROTECTIVE ORDERS
RULE §27.71Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Active Protective Order--Refers to a protective order issued under Texas Family Code, Chapter 71, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter, or an emergency protective order not issued under Texas Family Code, Chapter 71.

  (2) Department--Refers to the Texas Department of Public Safety of the State of Texas.

  (3) Hit Confirmation--Refers to an exchange of communications between the agency that has entered a protective order in the Protective Order File and a person or agency who has made a potential match of that protective order record in order to verify that the protective order is still active, that the person inquired upon is identical with the subject of the record (both the respondent and the protected person, when appropriate), and to exchange data regarding the conditions and facts of the protective order. The term includes the rules and procedures established by the Federal Bureau of Investigation for hit confirmation of records for missing or wanted persons within the National Crime Information Center.

  (4) Protected Person--Refers to the party in an application for protective order proceeding who is the applicant or is a member of the family or household for whose benefit the protective order may or was issued.

  (5) Protective Order File--Refers to a computerized file of active protective orders including a history of protective orders issued after December 31, 1995, and including those which are no longer in effect and are established under Texas Government Code, Article 411.042 and maintained by the department within the Texas Crime Information Center.

  (6) Respondent--Refers to the party in an application for protective order proceeding who is alleged to have committed family violence.


Source Note: The provisions of this §27.71 adopted to be effective March 7, 1996, 21 TexReg 1589

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