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.