By: Schechter H.B. No. 542
73R1980 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the emergency removal of an adult who endangers the
1-3 well-being of a child from the adult's residence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 17.01, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 17.01. Governmental Entity May Bring Suit. A suit
1-8 affecting the parent-child relationship may be brought by a
1-9 governmental entity with an interest in the child under Chapters
1-10 11, 13, 14, and 15 of this code. An emergency order or taking
1-11 possession of a child without a court order as provided by Section
1-12 17.02 or 17.03 of this code or an emergency order for the removal
1-13 of an adult from the adult's residence as provided by Section
1-14 17.021 of this code is governed by this chapter.
1-15 SECTION 2. Chapter 17, Family Code, is amended by adding
1-16 Section 17.021 to read as follows:
1-17 Sec. 17.021. EMERGENCY REMOVAL ORDER. (a) A court may
1-18 enter an emergency removal order to remove an adult from the
1-19 adult's residence in a suit affecting the parent-child relationship
1-20 brought by a governmental entity without a full adversary hearing.
1-21 (b) Before a court may enter an order under this section,
1-22 the court must be satisfied from a sworn petition or affidavit
1-23 that:
1-24 (1) the adult who is the subject of the petition or
2-1 affidavit resides with a child;
2-2 (2) the presence of the adult in the residence
2-3 constitutes an immediate danger to the physical health or safety of
2-4 the child, including sexual abuse of the child; and
2-5 (3) there is no time, consistent with the physical
2-6 health or safety of the child, for an adversary hearing.
2-7 (c) Except as otherwise provided by this section, the
2-8 procedures, terms, and requirements for a temporary restraining
2-9 order or attachment of a child under Section 17.02 of this code
2-10 apply to an emergency order under this section.
2-11 (d) On the request of a person obtaining an order under this
2-12 section, the court that issued the order shall order the sheriff or
2-13 chief of police to provide a law enforcement officer from the
2-14 department of the sheriff or chief of police to:
2-15 (1) protect and accompany the person obtaining the
2-16 order to the residence covered by the order; and
2-17 (2) inform the person being removed from the residence
2-18 that the court has ordered the person removed from the residence.
2-19 SECTION 3. Section 71.15(a), Family Code, is amended to read
2-20 as follows:
2-21 (a) If the court finds from the information contained in an
2-22 application that there is a clear and present danger of family
2-23 violence, the court, without further notice to any other member of
2-24 the family or household and without a hearing, may enter a
2-25 temporary ex parte order for the protection of the applicant or any
2-26 <other> member of the family or household. A person authorized to
2-27 apply for a protective order under Section 71.04(b) of this code
3-1 may apply for a temporary ex parte order under this section. The
3-2 court may direct any member of the family or household who is
3-3 alleged to have committed family violence to do or refrain from
3-4 doing specified acts or order that a person be excluded from the
3-5 person's residence.
3-6 SECTION 4. This Act takes effect September 1, 1993, and
3-7 applies to an application for an emergency order under Chapter 17,
3-8 Family Code, or an application for a protective order under Chapter
3-9 71, Family Code, or Section 3.581, Family Code, made on or after
3-10 the effective date of this Act. An application for an emergency
3-11 order under Chapter 17, Family Code, or an application for a
3-12 protective order under Chapter 71, Family Code, or Section 3.581,
3-13 Family Code, made before the effective date of this Act is governed
3-14 by the law in effect at the time the application was made, and that
3-15 law is continued in effect for that purpose.
3-16 SECTION 5. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.