By: Armbrister S.B. No. 1444
A BILL TO BE ENTITLED
AN ACT
1-1 relating to protective orders in matters of family violence.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended
1-4 by adding Section 3.522 to read as follows:
1-5 Sec. 3.522. PROTECTIVE ORDERS. (a) The petition in a suit
1-6 for divorce or annulment must state whether a protective order is
1-7 in effect or an application for a protective order is pending with
1-8 regard to the parties to the suit.
1-9 (b) The petitioner in a suit for divorce or annulment shall
1-10 attach to the petition each protective order in which one of the
1-11 parties to the suit was the applicant and the other party the
1-12 respondent without regard to the date when the order was entered.
1-13 SECTION 2. Section 3.581, Family Code, is amended to read as
1-14 follows:
1-15 Sec. 3.581. Protective Orders. <(a)> On the motion of any
1-16 party to a suit for divorce or annulment or to declare a marriage
1-17 void, the court may issue a protective order as provided by Section
1-18 71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
1-19 and (c), 71.111, 71.14, and 71.16> of this code.
1-20 <(b) An order may be made under this section only after
1-21 notice to the party alleged to have committed family violence and a
1-22 hearing.>
1-23 <(c) An order made under this section is valid for one year
1-24 or the earliest of:>
2-1 <(1) the end of a period of less than one year
2-2 specified in the order by the court;>
2-3 <(2) the date the order is vacated by the court; or>
2-4 <(3) the date the suit is dismissed.>
2-5 <(d) A spouse who has applied for a protective order under
2-6 this section is entitled to a temporary ex parte order directed
2-7 against the other spouse for the relief provided by and under the
2-8 conditions established in Section 71.15 of this code.>
2-9 <(e) The date of expiration of an order made under this
2-10 section must appear on the order.>
2-11 <(f) An order made under this section must be a separate
2-12 document entitled "PROTECTIVE ORDER.">
2-13 SECTION 3. Subdivisions (2), (4), (5), and (6), Subsection
2-14 (b), Section 71.01, Family Code, are amended to read as follows:
2-15 (2) "Family violence" means:
2-16 (A) an act by a member of a family or household
2-17 against another member of the family or household that is intended
2-18 to result in physical harm, bodily injury, <or> assault, or sexual
2-19 assault or that is a threat that reasonably places the member in
2-20 fear of imminent physical harm, bodily injury, <or> assault, or
2-21 sexual assault <excluding the reasonable discipline of a child by a
2-22 person having that duty>; or
2-23 (B) abuse, as that term is defined by Sections
2-24 34.012(1)(C), (E), and (G) of this code, by a member of a family or
2-25 household toward a child of the family or household.
2-26 (4) <"Former member of a household" means a person who
2-27 previously lived in a household.>
3-1 <(5)> "Household" means a unit composed of persons
3-2 living together in the same dwelling, whether or not they are
3-3 related to each other.
3-4 (5) <(6)> "Member of a household" includes a person
3-5 who previously lived in <former member of> a household.
3-6 SECTION 4. Subsection (b), Section 71.04, Family Code, is
3-7 amended to read as follows:
3-8 (b) An application may be filed by:
3-9 (1) an adult member of a family or household for the
3-10 protection of the applicant or for any other member of the family
3-11 or household;
3-12 (2) any adult for the protection of a child member of
3-13 a family or household; <or>
3-14 (3) any prosecuting attorney who represents the state
3-15 in a district or statutory county court in the county in which
3-16 venue of the application is proper for the protection of any person
3-17 alleged to be a victim of family violence; or
3-18 (4) the Department of Protective and Regulatory
3-19 Services for the protection of a member of a family or household.
3-20 SECTION 5. Chapter 71, Family Code, is amended by adding
3-21 Section 71.041 to read as follows:
3-22 Sec. 71.041. FEES AND COSTS. (a) The fee for filing an
3-23 application for a protective order is $16 and is payable to the
3-24 clerk of the court in which the application is filed.
3-25 (b) The fee for service of notice of an application of a
3-26 protective order under Section 71.07 of this code may not be more
3-27 than:
4-1 (1) $20 if the notice is served in person; or
4-2 (2) the cost of postage if the service is by
4-3 registered or certified mail.
4-4 (c) An applicant for a protective order may not be assessed
4-5 a fee, cost, charge, or expense by a clerk of the court or another
4-6 public official in connection with the protective order other than
4-7 the fees provided by Subsections (a) and (b) of this section. The
4-8 total amount of the fees permitted under this section and under
4-9 this chapter may not exceed $36. A fee may not be charged to
4-10 dismiss or withdraw an application for a protective order.
4-11 (d) An applicant who is unable to pay the filing fee and
4-12 other costs as provided by this section may file with the court an
4-13 affidavit of inability to pay under the procedures, to the extent
4-14 that they apply, provided by the Texas Rules of Civil Procedure.
4-15 (e) Except on a showing of indigency by the respondent, a
4-16 court shall require in a protective order that the respondent
4-17 against whom an order is rendered:
4-18 (1) pay the cost of service of the order, the actual
4-19 costs of court, the costs incurred by the clerk not paid by the
4-20 applicant under this section, and all other fees, charges, or
4-21 expenses incurred in connection with the protective order; and
4-22 (2) reimburse the applicant for any fee paid by the
4-23 applicant under this chapter by paying that amount to the clerk of
4-24 the court.
4-25 (f) An interested person may contest an affidavit of
4-26 indigency filed under Subsection (e) of this section.
4-27 (g) The clerk of a court who receives money according to a
5-1 protective order from a respondent shall reimburse the applicant
5-2 for any fee paid by the applicant under this chapter to the extent
5-3 of the amount received by the clerk.
5-4 (h) A person who is ordered to pay costs or reimburse an
5-5 applicant under Subsection (e) of this section who does not pay the
5-6 costs or reimburse the applicant before the 60th day after the date
5-7 the order was rendered may be punished for contempt of court as
5-8 provided by Section 21.002, Government Code.
5-9 (i) The court may assess a reasonable attorney fee as
5-10 compensation for the services of a private or prosecuting attorney
5-11 representing an applicant against any party who is found to have
5-12 committed family violence. In setting the amount of the fee, the
5-13 court shall consider the income and ability to pay of the person
5-14 against whom the fee is assessed. The amount of fees collected
5-15 under this subsection as compensation for the fees of a prosecuting
5-16 attorney shall be paid to the credit of the county fund for which
5-17 the salaries of employees of the prosecuting attorney are paid or
5-18 supplemented.
5-19 SECTION 6. Subsections (b) through (g), Section 71.05,
5-20 Family Code, are amended to read as follows:
5-21 (b) <If an application requests a protective order for a
5-22 spouse and alleges that the other spouse has committed family
5-23 violence, the application must state that no suit for the
5-24 dissolution of the marriage of the spouses is pending.>
5-25 <(c)> If an applicant is a former spouse of an individual
5-26 alleged to have committed family violence:
5-27 (1) a copy of the decree dissolving the marriage must
6-1 be attached to the application; or
6-2 (2) the application must state that the decree is
6-3 unavailable to the applicant and that a copy of the decree will be
6-4 filed with the court before the hearing on the application.
6-5 (c) <(d)> If an application requests a protective order for
6-6 a child who is subject to the continuing jurisdiction of a court
6-7 under Subtitle A, Title 2, of this code or alleges that a child who
6-8 is subject to the continuing jurisdiction of a court under Subtitle
6-9 A, Title 2, of this code has committed family violence:
6-10 (1) a copy of the court orders affecting the
6-11 conservatorship, possession, and support of or the access to the
6-12 child must be filed with the application; or
6-13 (2) the application must state that the orders
6-14 affecting the child are unavailable to the applicant and that a
6-15 copy of the orders will be filed with the court before the hearing
6-16 on the application.
6-17 (d) <(e)> If the application requests the issuance of a
6-18 temporary ex parte order under Section 71.15 of this code, the
6-19 application must:
6-20 (1) contain a detailed description of the facts and
6-21 circumstances concerning the alleged family violence and the need
6-22 for immediate protective orders; and
6-23 (2) be signed by each applicant under an oath that the
6-24 facts and circumstances contained in the application are true to
6-25 the best knowledge and belief of each applicant.
6-26 (e) <(f)> If an application requests a protective order and
6-27 alleges that the respondent has violated a former protective order
7-1 protecting the applicant by committing an act prohibited by the
7-2 former order under Section 71.11(b) of this code and that the
7-3 former protective order has expired since the alleged violation
7-4 occurred, the application for the protective order must include:
7-5 (1) a copy of the former protective order attached to
7-6 the application or a statement that the order is unavailable to the
7-7 applicant and that a copy of the order will be filed with the court
7-8 before the hearing on the application;
7-9 (2) a description of the violation of the former
7-10 protective order; and
7-11 (3) a statement that the violation of the former order
7-12 described in the application has not been grounds for any other
7-13 order protecting the applicant that has been issued or requested
7-14 under this section.
7-15 (f) <(g)> The procedural requirements relating to a
7-16 protective order under this chapter, including the application
7-17 under Section 71.04 of this code and service under Section 71.07 of
7-18 this code, apply to a protective order under Subsection (e) <(f)>
7-19 of this section.
7-20 SECTION 7. Section 71.06, Family Code, is amended to read as
7-21 follows:
7-22 Sec. 71.06. Application Filed During Suit for Dissolution of
7-23 Marriage. (a) A person who is a party to a pending suit for the
7-24 dissolution of a marriage and who wishes to apply for a protective
7-25 order involving the relationship between the spouses or their
7-26 respective rights, duties, or powers shall <must> file an
7-27 application for the order as a motion in the suit or as a separate
8-1 application under Section 71.04 <3.581> of this code. The
8-2 requirements of service of notice under Section 71.07 of this code
8-3 do not apply if the application is filed as a motion in a suit for
8-4 the dissolution of a marriage. Notice is given in the same manner
8-5 as in any other motion in a suit for the dissolution of a marriage.
8-6 The court shall treat a motion for a protective order in a suit for
8-7 dissolution of a marriage as an application for a protective order
8-8 under this chapter.
8-9 (b) A court may not <shall> dismiss an application filed
8-10 under this chapter by a party to a pending suit for dissolution of
8-11 marriage because of the pending suit <and shall advise the
8-12 applicant that the applicant may file an application under Section
8-13 3.581 of this code>.
8-14 (c) The court may enter a protective order under Section
8-15 71.11(b) of this code when granting a final divorce or annulment
8-16 decree if the court finds that there is evidence of family
8-17 violence.
8-18 (d) Except as provided by Subsection (e) of this section, an
8-19 order of a court having jurisdiction of a suit for divorce or
8-20 annulment prevails, to the extent of conflict only, over a
8-21 conflicting portion of an order made under this title and relating
8-22 to the parties to the suit for divorce or annulment.
8-23 (e) An order of a court having jurisdiction of a suit for
8-24 divorce or annulment does not prevail over that portion of an order
8-25 made under this title that is in effect and that relates to the
8-26 parties to the suit for divorce or annulment and prohibits one of
8-27 the parties from:
9-1 (1) committing family violence;
9-2 (2) directly communicating with a member of the family
9-3 or household in a threatening or harassing manner, communicating a
9-4 threat through any person to a member of the family or household,
9-5 and, if the order prohibits any communication with a member of the
9-6 family or household, communicating in any manner with the member of
9-7 the family or household except through the person's attorney or
9-8 person appointed by the court;
9-9 (3) going to or near the place of employment or
9-10 business of a member of the family or household; or
9-11 (4) going to or near the residence of a member of the
9-12 family or household, unless the court awards the residence in a
9-13 manner that results in a change of residence of the party for whom
9-14 an order made under this title is intended to protect, requiring
9-15 the modification of the protective order.
9-16 SECTION 8. Section 71.08, Family Code, is amended to read as
9-17 follows:
9-18 Sec. 71.08. Answer. A respondent <An individual> served
9-19 with notice of an application for a protective order may but is not
9-20 required to file a written answer to the application. The answer
9-21 may be filed at any time before the hearing.
9-22 SECTION 9. Subsections (b), (c), and (e), Section 71.09,
9-23 Family Code, are amended to read as follows:
9-24 (b) If a respondent <person> entitled to service of a notice
9-25 of application for a protective order receives the service within
9-26 48 hours before the time set for the hearing, the court, on a
9-27 request from the respondent <person>, shall reschedule the hearing
10-1 for a date not later than 14 days after the date set for the
10-2 hearing. The respondent <person> is not entitled to additional
10-3 service for the rescheduled hearing.
10-4 (c) If a hearing set under Subsection (a) of this section is
10-5 not held because of the failure of a respondent <party> to receive
10-6 service of a notice of application for a protective order, the
10-7 applicant may request the court to reschedule the hearing. Except
10-8 as provided by Subsection (d) of this section, the date for a
10-9 rescheduled hearing under this subsection must be not later than 14
10-10 days after the date on which the request is made.
10-11 (e) A court may issue an order relating to an application
10-12 for a protective order that is binding on a respondent <party> who
10-13 does not attend a hearing under this section if the absent
10-14 respondent <party> received notice of the application. This
10-15 subsection applies to a respondent <party> who receives notice
10-16 within 48 hours before the time set for a hearing if the respondent
10-17 <party> does not request that the hearing be rescheduled.
10-18 SECTION 10. Section 71.10, Family Code, is amended to read
10-19 as follows:
10-20 Sec. 71.10. FINDINGS AND ORDERS. (a) At the close of a
10-21 hearing on an application, the court shall find whether or not
10-22 family violence has occurred and whether or not family violence is
10-23 likely to occur in the <foreseeable> future.
10-24 (b) If the court finds that family violence has occurred and
10-25 that family violence is likely to occur in the <foreseeable>
10-26 future, the court shall enter a <may make any> protective order
10-27 under Section 71.11(b) of this code applying only to the respondent
11-1 and may enter a protective order authorized under Section 71.11(a)
11-2 of this code applying to both the respondent and the applicant <by
11-3 this chapter> that is in the best interest of the applicant, the
11-4 family or household, or a member of the family or household.
11-5 (c) If the court finds that a respondent <person> violated a
11-6 former protective order made under this chapter by committing an
11-7 act prohibited by the former order under Section 71.11(b) of this
11-8 code while the former order was in effect and that the former order
11-9 is not currently in effect, the court, without finding whether
11-10 family violence has occurred or whether family violence is likely
11-11 to occur in the <foreseeable> future, shall issue a protective
11-12 order that is in the best interest of the applicant, the family or
11-13 household, or a member of the family or household.
11-14 <(d) A protective order may apply only to a party to the
11-15 proceeding who:>
11-16 <(1) the court finds has committed family violence and
11-17 is likely to commit family violence in the foreseeable future;>
11-18 <(2) the court finds has violated a former protective
11-19 order;>
11-20 <(3) has agreed to the order under Section 71.12(a) of
11-21 this code; or>
11-22 <(4) is a respondent and has agreed to the order under
11-23 Section 71.12(b) of this code.>
11-24 SECTION 11. Section 71.11, Family Code, is amended by
11-25 amending Subsections (a), (b), and (f) through (j) to read as
11-26 follows:
11-27 (a) In a protective order the court may:
12-1 (1) prohibit a party from:
12-2 (A) removing a child member of the family or
12-3 household from the possession of a person named in the court order
12-4 or from the jurisdiction of the court; or
12-5 (B) transferring, encumbering, or otherwise
12-6 disposing of property mutually owned or leased by the parties,
12-7 except when in the ordinary course of business;
12-8 (2) grant exclusive possession of a residence to a
12-9 party and, if appropriate, direct one or more other parties to
12-10 vacate the residence if:
12-11 (A) the residence is jointly owned or leased by
12-12 the party receiving exclusive possession and by some other party
12-13 denied possession;
12-14 (B) the residence is owned or leased by the
12-15 party retaining possession; or
12-16 (C) the residence is owned or leased by the
12-17 party denied possession but only if that party has an obligation to
12-18 support the party granted possession of the residence or a child of
12-19 the party granted possession;
12-20 (3) provide for possession of and access to a child of
12-21 a party if the person receiving possession of or access to the
12-22 child is a parent, as that term is defined by Section 11.01 of this
12-23 code, of the child;
12-24 (4) require the payment of support for a party or for
12-25 a child of a party if the person required to make the payment has
12-26 an obligation to support the other party or the child;
12-27 (5) require the respondent <one or more parties> to
13-1 counsel with a social worker, family service agency, physician,
13-2 psychologist, licensed marriage and family therapist, or licensed
13-3 professional counselor, or to complete a batterer's treatment
13-4 program;
13-5 (6) award to a party use and possession of specified
13-6 property that is community property or jointly owned or leased;
13-7 <or>
13-8 (7) prohibit the respondent <a party> from doing
13-9 specified acts or require a party to do specified acts necessary or
13-10 appropriate to prevent or reduce the likelihood of family violence;
13-11 (8) order the respondent to surrender each firearm, as
13-12 defined by Section 46.01(3), Penal Code, in the possession of the
13-13 party to a designated law enforcement agency to hold for the
13-14 respondent during the time the protective order remains in effect;
13-15 or
13-16 (9) prohibit the respondent from possessing a firearm,
13-17 as defined by Section 46.01(3), Penal Code, during the time the
13-18 protective order remains in effect.
13-19 (b) In a protective order the court may prohibit the
13-20 respondent <a party> from:
13-21 (1) committing family violence;
13-22 (2) communicating:
13-23 (A) directly with a member of the family or
13-24 household in a threatening or harassing manner;
13-25 (B) a threat through any person to a member of
13-26 the family or household; and
13-27 (C) on a finding of good cause, in any manner
14-1 with a member of the family or household except through the party's
14-2 attorney or a person appointed by the court;
14-3 (3) going to or near the residence or place of
14-4 employment or business of a member of the family or household; and
14-5 (4) going to or near the residence, child care
14-6 facility, or school where a child protected under the order
14-7 normally resides or attends.
14-8 (f) <Except on a showing of indigency by a person against
14-9 whom a protective order is directed, the order shall require that
14-10 the person:>
14-11 <(1) pay the cost of service of the order, the actual
14-12 costs of court, the costs incurred by the clerk not paid by the
14-13 applicant pursuant to Section 71.07, Family Code, and any other
14-14 fees, charges, or expenses incurred in connection with the
14-15 protective order; and>
14-16 <(2) reimburse the applicant for any fees paid by the
14-17 applicant under this chapter by paying that amount to the clerk of
14-18 the court.>
14-19 <(g) The clerk of a court who receives money according to a
14-20 protective order from a person against whom the order is directed
14-21 shall reimburse the applicant for any fees paid by the applicant
14-22 under this chapter.>
14-23 <(h) A person who is ordered to pay costs or reimburse an
14-24 applicant under Subsection (f) of this section who does not pay the
14-25 costs or reimburse the applicant before the 60th day after the date
14-26 the order was rendered may be punished for contempt of court by a
14-27 fine in an amount not to exceed $500, or by confinement in jail for
15-1 a term not to exceed six months, or both.>
15-2 <(i)> A respondent <party> for whom counseling or a
15-3 batterer's treatment program is ordered under Subsection (a)(5) of
15-4 this section and who does not provide to the court before the 60th
15-5 day after the date the order was rendered an affidavit that the
15-6 respondent <party> has started the counseling or the program or
15-7 that the counseling or the program is not available within a
15-8 reasonable distance of the respondent's <party's> residence may be
15-9 punished for contempt of court as provided by Section 21.002,
15-10 Government Code <by a fine in an amount not to exceed $500, or by
15-11 confinement in jail for a term not to exceed six months, or both>.
15-12 The order shall specifically advise the respondent <party> of this
15-13 requirement and the possible punishment for failure to comply.
15-14 <(j) Any interested person may contest an affidavit of
15-15 indigency filed under Subsection (f) of this section.>
15-16 SECTION 12. Subsections (c) and (d), Section 71.12, Family
15-17 Code, are amended to read as follows:
15-18 (c) If all or part of an agreement under Subsection (a) or
15-19 (b) of this section is approved by the court, the part of the
15-20 agreement approved shall be attached to the protective order and
15-21 become a part of the order of the court.
15-22 (d) <If all or part of an agreement by the respondent under
15-23 Subsection (b) of this section is approved by the court, the part
15-24 of the agreement approved shall be attached to the protective order
15-25 and become a part of the order of the court.> The court may
15-26 approve an agreement or part of an agreement under Subsection (b)
15-27 of this section <this subsection> only if the agreement requires
16-1 the respondent to do or refrain from doing an act under Section
16-2 71.11(b) of this code. The court may not approve an agreement or
16-3 part of an agreement under Subsection (b) of this section <this
16-4 subsection> that requires the applicant to do or refrain from doing
16-5 an act under Section 71.11(b) of this code even if the applicant
16-6 consents in the agreement to do or refrain from doing the act.
16-7 SECTION 13. Section 71.121, Family Code, is amended to read
16-8 as follows:
16-9 Sec. 71.121. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.
16-10 (a) To apply for a protective order against an applicant, a
16-11 respondent must file a separate application under this chapter.
16-12 (b) A court may not delay a hearing on an applicant's
16-13 application for a protective order beyond the time provided by
16-14 Section 71.09 of this code in order to consolidate it with a
16-15 hearing on a respondent's application for a protective order
16-16 against the applicant.
16-17 (c) A court may not enter a <single> protective order that
16-18 applies to both the respondent and the applicant unless the order
16-19 embodies an agreement of the parties under Section 71.12(a) of this
16-20 code.
16-21 (d) A court that enters a protective order that applies to
16-22 both the respondent and the applicant and that requires the
16-23 respondent to do or refrain from doing an act under Section
16-24 71.11(b) of this code shall issue two separate documents that each
16-25 contain the provisions of the protective order. The court shall
16-26 provide one of the documents to the applicant and the other to the
16-27 respondent.
17-1 <(b) To apply for a protective order against an applicant, a
17-2 respondent must file a separate application under this chapter.>
17-3 <(c) A court may not delay a hearing on an applicant's
17-4 application for a protective order beyond the time provided by
17-5 Section 71.09 of this code in order to consolidate it with a
17-6 hearing on a respondent's application for a protective order
17-7 against the applicant.>
17-8 SECTION 14. Subsections (h), (i), and (j), Section 71.15,
17-9 Family Code, are amended to read as follows:
17-10 (h) In order for an ex parte order excluding a person from
17-11 the person's residence to be granted, the court must find from the
17-12 required affidavit and testimony that:
17-13 (1) the applicant requesting the exclusion order
17-14 either resides on the premises or has resided there within 30 days
17-15 before the filing of the application;
17-16 (2) the person to be excluded has within the 30-day
17-17 period preceding the filing of the application committed family
17-18 violence against a member of the household; and
17-19 (3) there is a clear and present danger that the
17-20 person to be excluded is likely to commit family violence against a
17-21 member of the household <in the foreseeable future>.
17-22 (i) <On the request of a person obtaining an order that
17-23 excludes another person from the other person's residence, the
17-24 court that granted the order may order the sheriff or chief of
17-25 police to provide a law enforcement officer from the department of
17-26 the sheriff or the chief of police:>
17-27 <(1) to accompany the person obtaining the order to
18-1 the residence covered by the order;>
18-2 <(2) to protect the person obtaining the order while
18-3 the person takes possession of the residence; and>
18-4 <(3) if the person obtaining the order is unable to
18-5 take possession of the residence because the person being excluded
18-6 occupies the residence, to inform the person being excluded that
18-7 the court has ordered the person excluded from the residence.>
18-8 <(j)> The court may stop the hearing to contact the
18-9 respondent by telephone and provide the respondent an opportunity
18-10 to be present when the court resumes the hearing. Without regard
18-11 to whether the respondent is able to be present at the hearing, the
18-12 court shall resume the hearing before the end of the working day.
18-13 SECTION 15. Subsections (a) and (c), Section 71.17, Family
18-14 Code, are amended to read as follows:
18-15 (a) A protective order made under this chapter shall be
18-16 delivered to the respondent <person to whom the order applies> in
18-17 open court at the close of the hearing, or served by registered or
18-18 certified mail, in accordance with Rule 21a, Texas Rules of Civil
18-19 Procedure, or served in the same manner as a writ of injunction.
18-20 If the respondent is present at the hearing, the judge or master
18-21 shall sign the order and give a copy of the order to the
18-22 respondent. A copy of the signed order shall be given to the
18-23 applicant at the time the order is given to the respondent. If the
18-24 papers are not ready or the order has not been reduced to writing
18-25 and the respondent is present at the conclusion of the hearing, the
18-26 judge or master shall give notice to the respondent orally of the
18-27 portion of the order containing prohibitions provided under Section
19-1 71.11(b) of this code or any other part of the order containing
19-2 provisions necessary to prevent further family violence. If the
19-3 respondent is not present at the hearing and the written orders are
19-4 ready at the conclusion of the hearing, the clerk of the court
19-5 shall immediately provide a certified copy of the order to the
19-6 applicant. If the written orders are not ready at the conclusion
19-7 of the hearing, the court must sign the order not later than the
19-8 third work day after the date the hearing is concluded.
19-9 (c) If a protective order made under this chapter prohibits
19-10 a respondent <person> from going to or near a child care facility
19-11 or school under Section 71.11(b) of this code, the clerk of the
19-12 court <party requesting the order> shall send a copy of the order
19-13 to the child care facility or school.
19-14 SECTION 16. Section 71.18, Family Code, is amended by adding
19-15 Subsections (c) and (d) to read as follows:
19-16 (c) On the request of an applicant obtaining a temporary
19-17 order that excludes the respondent from the respondent's residence,
19-18 the court that granted the temporary order shall provide a written
19-19 order to the sheriff or chief of police to provide a law
19-20 enforcement officer from the department of the sheriff or chief of
19-21 police:
19-22 (1) to accompany the applicant to the residence
19-23 covered by the order;
19-24 (2) to inform the respondent that the court has
19-25 ordered the respondent excluded from the residence;
19-26 (3) to protect the applicant while the applicant takes
19-27 possession of the residence; and
20-1 (4) if the respondent refuses to vacate the residence,
20-2 to protect the applicant while the applicant takes possession of
20-3 the applicant's necessary personal property.
20-4 (d) On the request of an applicant obtaining a final order
20-5 that excludes the respondent from the respondent's residence, the
20-6 court that granted the final order shall provide a written order to
20-7 the sheriff or chief of police to provide a law enforcement officer
20-8 from the department of the sheriff or chief of police:
20-9 (1) to accompany the applicant to the residence
20-10 covered by the order;
20-11 (2) to inform the respondent that the court has
20-12 ordered the respondent excluded from the residence;
20-13 (3) to protect the applicant while the applicant takes
20-14 possession of the residence and the respondent takes possession of
20-15 the respondent's necessary personal property; and
20-16 (4) if the respondent refuses to vacate the residence:
20-17 (A) to remove the respondent from the residence;
20-18 and
20-19 (B) to arrest the respondent for violating the
20-20 court order.
20-21 SECTION 17. Section 118.131, Local Government Code, is
20-22 amended by adding Subsection (i) to read as follows:
20-23 (i) The commissioners court may not assess an applicant a
20-24 fee for service of notice of an application for a protective order
20-25 for more than the amount provided in Section 71.041(b), Family
20-26 Code.
20-27 SECTION 18. Section 51.303, Government Code, is amended by
21-1 adding Subsection (f) to read as follows:
21-2 (f) In addition to the other powers and duties of this
21-3 section, a district clerk shall accept applications for protective
21-4 orders under Chapter 71, Family Code.
21-5 SECTION 19. Section 51.402, Government Code, is amended by
21-6 adding Subsection (d) to read as follows:
21-7 (d) In addition to the other powers and duties of this
21-8 section, a county clerk that serves as the clerk for a court having
21-9 jurisdiction of applications for protective orders under Chapter
21-10 71, Family Code, shall accept those applications.
21-11 SECTION 20. The following sections of the Family Code are
21-12 repealed:
21-13 (1) 3.582 and 3.583;
21-14 (2) 71.04(d), (e), and (f);
21-15 (3) 71.07(i); and
21-16 (4) 71.13(b) and (c).
21-17 SECTION 21. This Act takes effect September 1, 1993, and
21-18 applies only to an application for a protective order made on or
21-19 after that date. An application for a protective order made before
21-20 the effective date of this Act is governed by the law in effect at
21-21 the time the application was made, and the former law is continued
21-22 in effect for that purpose.
21-23 SECTION 22. The importance of this legislation and the
21-24 crowded condition of the calendars in both houses create an
21-25 emergency and an imperative public necessity that the
21-26 constitutional rule requiring bills to be read on three several
21-27 days in each house be suspended, and this rule is hereby suspended.