By: Armbrister S.B. No. 1444
73R9188 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protective orders for family violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended
1-5 by adding Section 3.522 to read as follows:
1-6 Sec. 3.522. PROTECTIVE ORDERS. (a) The petition in a suit
1-7 for divorce or annulment must state whether a protective order is
1-8 in effect or an application for a protective order is pending with
1-9 regard to the parties to the suit.
1-10 (b) The petitioner in a suit for divorce or annulment shall
1-11 attach to the petition each protective order in which one of the
1-12 parties to the suit was the applicant and the other party the
1-13 respondent without regard to the date when the order was entered.
1-14 SECTION 2. Section 3.581, Family Code, is amended to read as
1-15 follows:
1-16 Sec. 3.581. Protective Orders. <(a)> On the motion of any
1-17 party to a suit for divorce or annulment or to declare a marriage
1-18 void, the court may issue a protective order as provided by Section
1-19 71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
1-20 and (c), 71.111, 71.14, and 71.16> of this code.
1-21 <(b) An order may be made under this section only after
1-22 notice to the party alleged to have committed family violence and a
1-23 hearing.>
1-24 <(c) An order made under this section is valid for one year
2-1 or the earliest of:>
2-2 <(1) the end of a period of less than one year
2-3 specified in the order by the court;>
2-4 <(2) the date the order is vacated by the court; or>
2-5 <(3) the date the suit is dismissed.>
2-6 <(d) A spouse who has applied for a protective order under
2-7 this section is entitled to a temporary ex parte order directed
2-8 against the other spouse for the relief provided by and under the
2-9 conditions established in Section 71.15 of this code.>
2-10 <(e) The date of expiration of an order made under this
2-11 section must appear on the order.>
2-12 <(f) An order made under this section must be a separate
2-13 document entitled "PROTECTIVE ORDER.">
2-14 SECTION 3. Sections 71.01(b)(2), (4), (5), and (6), Family
2-15 Code, are amended to read as follows:
2-16 (2) "Family violence" means:
2-17 (A) an act by a member of a family or household
2-18 against another member of the family or household that is intended
2-19 to result in physical harm, bodily injury, <or> assault, or sexual
2-20 assault or that is a threat that reasonably places the member in
2-21 fear of imminent physical harm, bodily injury, <or> assault, or
2-22 sexual assault <excluding the reasonable discipline of a child by a
2-23 person having that duty>; or
2-24 (B) abuse, as that term is defined by Sections
2-25 34.012(1)(C), (E), and (G) of this code, by a member of a family or
2-26 household toward a child of the family or household.
2-27 (4) <"Former member of a household" means a person who
3-1 previously lived in a household.>
3-2 <(5)> "Household" means a unit composed of persons
3-3 living together in the same dwelling, whether or not they are
3-4 related to each other.
3-5 (5) <(6)> "Member of a household" includes a person
3-6 who previously lived in <former member of> a household.
3-7 SECTION 4. Chapter 71, Family Code, is amended by adding
3-8 Section 71.041 to read as follows:
3-9 Sec. 71.041. FEES AND COSTS. (a) The fee for filing an
3-10 application for a protective order is $16 and is payable to the
3-11 clerk of the court in which the application is filed.
3-12 (b) The fee for service of notice of an application of a
3-13 protective order under Section 71.07 of this code may not be more
3-14 than:
3-15 (1) $20 if the notice is served in person; or
3-16 (2) the cost of postage if the service is by
3-17 registered or certified mail.
3-18 (c) An applicant for a protective order may not be assessed
3-19 a fee, cost, charge, or expense by a clerk of the court or another
3-20 public official in connection with the protective order other than
3-21 the fees provided by Subsections (a) and (b) of this section. The
3-22 total amount of the fees permitted under this section and under
3-23 this chapter may not exceed $36. A fee may not be charged to
3-24 dismiss or withdraw an application for a protective order.
3-25 (d) An applicant who is unable to pay the filing fee and
3-26 other costs as provided by this section may file with the court an
3-27 affidavit of inability to pay under the procedures, to the extent
4-1 that they apply, provided by the Texas Rules of Civil Procedure.
4-2 (e) Except on a showing of indigency by the respondent, a
4-3 court shall require in a protective order that the respondent
4-4 against whom an order is rendered:
4-5 (1) pay the cost of service of the order, the actual
4-6 costs of court, the costs incurred by the clerk not paid by the
4-7 applicant under this section, and all other fees, charges, or
4-8 expenses incurred in connection with the protective order; and
4-9 (2) reimburse the applicant for any fee paid by the
4-10 applicant under this chapter by paying that amount to the clerk of
4-11 the court.
4-12 (f) An interested person may contest an affidavit of
4-13 indigency filed under Subsection (e) of this section.
4-14 (g) The clerk of a court who receives money according to a
4-15 protective order from a respondent shall reimburse the applicant
4-16 for any fee paid by the applicant under this chapter to the extent
4-17 of the amount received by the clerk.
4-18 (h) A person who is ordered to pay costs or reimburse an
4-19 applicant under Subsection (e) of this section who does not pay the
4-20 costs or reimburse the applicant before the 60th day after the date
4-21 the order was rendered may be punished for contempt of court as
4-22 provided by Section 21.002, Government Code.
4-23 (i) The court may assess a reasonable attorney's fee as
4-24 compensation for the services of a private or prosecuting attorney
4-25 representing an applicant against any party who is found to have
4-26 committed family violence. In setting the amount of the fee, the
4-27 court shall consider the income and ability to pay of the person
5-1 against whom the fee is assessed. The amount of fees collected
5-2 under this subsection as compensation for the fees of a prosecuting
5-3 attorney shall be paid to the credit of the county fund for which
5-4 the salaries of employees of the prosecuting attorney are paid or
5-5 supplemented.
5-6 SECTION 5. Sections 71.05(b)-(g), Family Code, are amended
5-7 to read as follows:
5-8 (b) <If an application requests a protective order for a
5-9 spouse and alleges that the other spouse has committed family
5-10 violence, the application must state that no suit for the
5-11 dissolution of the marriage of the spouses is pending.>
5-12 <(c)> If an applicant is a former spouse of an individual
5-13 alleged to have committed family violence:
5-14 (1) a copy of the decree dissolving the marriage must
5-15 be attached to the application; or
5-16 (2) the application must state that the decree is
5-17 unavailable to the applicant and that a copy of the decree will be
5-18 filed with the court before the hearing on the application.
5-19 (c) <(d)> If an application requests a protective order for
5-20 a child who is subject to the continuing jurisdiction of a court
5-21 under Subtitle A, Title 2, of this code or alleges that a child who
5-22 is subject to the continuing jurisdiction of a court under Subtitle
5-23 A, Title 2, of this code has committed family violence:
5-24 (1) a copy of the court orders affecting the
5-25 conservatorship, possession, and support of or the access to the
5-26 child must be filed with the application; or
5-27 (2) the application must state that the orders
6-1 affecting the child are unavailable to the applicant and that a
6-2 copy of the orders will be filed with the court before the hearing
6-3 on the application.
6-4 (d) <(e)> If the application requests the issuance of a
6-5 temporary ex parte order under Section 71.15 of this code, the
6-6 application must:
6-7 (1) contain a detailed description of the facts and
6-8 circumstances concerning the alleged family violence and the need
6-9 for immediate protective orders; and
6-10 (2) be signed by each applicant under an oath that the
6-11 facts and circumstances contained in the application are true to
6-12 the best knowledge and belief of each applicant.
6-13 (e) <(f)> If an application requests a protective order and
6-14 alleges that the respondent has violated a former protective order
6-15 protecting the applicant by committing an act prohibited by the
6-16 former order under Section 71.11(b) of this code and that the
6-17 former protective order has expired since the alleged violation
6-18 occurred, the application for the protective order must include:
6-19 (1) a copy of the former protective order attached to
6-20 the application or a statement that the order is unavailable to the
6-21 applicant and that a copy of the order will be filed with the court
6-22 before the hearing on the application;
6-23 (2) a description of the violation of the former
6-24 protective order; and
6-25 (3) a statement that the violation of the former order
6-26 described in the application has not been grounds for any other
6-27 order protecting the applicant that has been issued or requested
7-1 under this section.
7-2 (f) <(g)> The procedural requirements relating to a
7-3 protective order under this chapter, including the application
7-4 under Section 71.04 of this code and service under Section 71.07 of
7-5 this code, apply to a protective order under Subsection (e) <(f)>
7-6 of this section.
7-7 SECTION 6. Section 71.06, Family Code, is amended to read as
7-8 follows:
7-9 Sec. 71.06. Application Filed During Suit for Dissolution of
7-10 Marriage. (a) A person who is a party to a pending suit for the
7-11 dissolution of a marriage and who wishes to apply for a protective
7-12 order involving the relationship between the spouses or their
7-13 respective rights, duties, or powers shall <must> file an
7-14 application for the order as a motion in the suit or as a separate
7-15 application under Section 71.04 <under Section 3.581> of this code.
7-16 The requirements of service of notice under Section 71.07 of this
7-17 code do not apply if the application is filed as a motion in a suit
7-18 for the dissolution of a marriage. Notice is given in the same
7-19 manner as in any other motion in a suit for the dissolution of a
7-20 marriage. The court shall treat a motion for a protective order in
7-21 a suit for dissolution of a marriage as an application for a
7-22 protective order under this chapter.
7-23 (b) A court may not <shall> dismiss an application filed
7-24 under this chapter by a party to a pending suit for dissolution of
7-25 marriage because of the pending suit <and shall advise the
7-26 applicant that the applicant may file an application under Section
7-27 3.581 of this code>.
8-1 (c) The court may enter a protective order under Section
8-2 71.11(b) of this code when granting a final divorce or annulment
8-3 decree if the court finds that there is evidence of family
8-4 violence.
8-5 (d) Except as provided by Subsection (e) of this section, an
8-6 order of a court having jurisdiction of a suit for divorce or
8-7 annulment prevails, to the extent of conflict only, over a
8-8 conflicting portion of an order made under this title and relating
8-9 to the parties to the suit for divorce or annulment.
8-10 (e) An order of a court having jurisdiction of a suit for
8-11 divorce or annulment does not prevail over that portion of an order
8-12 made under this title that is in effect and that relates to the
8-13 parties to the suit for divorce or annulment and prohibits one of
8-14 the parties from:
8-15 (1) committing family violence;
8-16 (2) directly communicating with a member of the family
8-17 or household in a threatening or harassing manner, communicating a
8-18 threat through any person to a member of the family or household,
8-19 and, if the order prohibits any communication with a member of the
8-20 family or household, communicating in any manner with the member of
8-21 the family or household except through the person's attorney or
8-22 person appointed by the court;
8-23 (3) going to or near the place of employment or
8-24 business of a member of the family or household; or
8-25 (4) going to or near the residence of a member of the
8-26 family or household unless the court having jurisdiction of the
8-27 suit for divorce or annulment awards the property of the parties in
9-1 a manner that results in a change of residence of the party for
9-2 whom an order made under this title is intended to protect
9-3 requiring the modification of the protective order.
9-4 SECTION 7. Section 71.08, Family Code, is amended to read as
9-5 follows:
9-6 Sec. 71.08. Answer. A respondent <An individual> served
9-7 with notice of an application for a protective order may but is not
9-8 required to file a written answer to the application. The answer
9-9 may be filed at any time before the hearing.
9-10 SECTION 8. Sections 71.09(b), (c), and (e), Family Code, are
9-11 amended to read as follows:
9-12 (b) If a respondent <person> entitled to service of a notice
9-13 of application for a protective order receives the service within
9-14 48 hours before the time set for the hearing, the court, on a
9-15 request from the respondent <person>, shall reschedule the hearing
9-16 for a date not later than 14 days after the date set for the
9-17 hearing. The respondent <person> is not entitled to additional
9-18 service for the rescheduled hearing.
9-19 (c) If a hearing set under Subsection (a) of this section is
9-20 not held because of the failure of a respondent <party> to receive
9-21 service of a notice of application for a protective order, the
9-22 applicant may request the court to reschedule the hearing. Except
9-23 as provided by Subsection (d) of this section, the date for a
9-24 rescheduled hearing under this subsection must be not later than 14
9-25 days after the date on which the request is made.
9-26 (e) A court may issue an order relating to an application
9-27 for a protective order that is binding on a respondent <party> who
10-1 does not attend a hearing under this section if the absent
10-2 respondent <party> received notice of the application. This
10-3 subsection applies to a respondent <party> who receives notice
10-4 within 48 hours before the time set for a hearing if the respondent
10-5 <party> does not request that the hearing be rescheduled.
10-6 SECTION 9. Section 71.10, Family Code, is amended to read as
10-7 follows:
10-8 Sec. 71.10. FINDINGS AND ORDERS. (a) At the close of a
10-9 hearing on an application, the court shall find whether or not
10-10 family violence has occurred and whether or not family violence is
10-11 likely to occur in the <foreseeable> future.
10-12 (b) If the court finds that family violence has occurred and
10-13 that family violence is likely to occur in the <foreseeable>
10-14 future, the court shall enter a <may make any> protective order
10-15 under Section 71.11(b) of this code applying only to the respondent
10-16 and may enter a protective order authorized under Section 71.11(a)
10-17 of this code applying to both the respondent and the applicant <by
10-18 this chapter> that is in the best interest of the applicant, the
10-19 family or household, or a member of the family or household.
10-20 (c) If the court finds that a respondent <person> violated a
10-21 former protective order made under this chapter by committing an
10-22 act prohibited by the former order under Section 71.11(b) of this
10-23 code while the former order was in effect and that the former order
10-24 is not currently in effect, the court, without finding whether
10-25 family violence has occurred or whether family violence is likely
10-26 to occur in the <foreseeable> future, shall issue a protective
10-27 order that is in the best interest of the applicant, the family or
11-1 household, or a member of the family or household.
11-2 <(d) A protective order may apply only to a party to the
11-3 proceeding who:>
11-4 <(1) the court finds has committed family violence and
11-5 is likely to commit family violence in the foreseeable future;>
11-6 <(2) the court finds has violated a former protective
11-7 order;>
11-8 <(3) has agreed to the order under Section 71.12(a) of
11-9 this code; or>
11-10 <(4) is a respondent and has agreed to the order under
11-11 Section 71.12(b) of this code.>
11-12 SECTION 10. Section 71.11, Family Code, is amended by
11-13 amending Subsections (a), (b), and (f)-(j) to read as follows:
11-14 (a) In a protective order the court may:
11-15 (1) prohibit a party from:
11-16 (A) removing a child member of the family or
11-17 household from the possession of a person named in the court order
11-18 or from the jurisdiction of the court; or
11-19 (B) transferring, encumbering, or otherwise
11-20 disposing of property mutually owned or leased by the parties,
11-21 except when in the ordinary course of business;
11-22 (2) grant exclusive possession of a residence to a
11-23 party and, if appropriate, direct one or more other parties to
11-24 vacate the residence if:
11-25 (A) the residence is jointly owned or leased by
11-26 the party receiving exclusive possession and by some other party
11-27 denied possession;
12-1 (B) the residence is owned or leased by the
12-2 party retaining possession; or
12-3 (C) the residence is owned or leased by the
12-4 party denied possession but only if that party has an obligation to
12-5 support the party granted possession of the residence or a child of
12-6 the party granted possession;
12-7 (3) provide for possession of and access to a child of
12-8 a party if the person receiving possession of or access to the
12-9 child is a parent, as that term is defined by Section 11.01 of this
12-10 code, of the child;
12-11 (4) require the payment of support for a party or for
12-12 a child of a party if the person required to make the payment has
12-13 an obligation to support the other party or the child;
12-14 (5) require the respondent <one or more parties> to
12-15 counsel with a social worker, family service agency, physician,
12-16 psychologist, licensed marriage and family therapist, or licensed
12-17 professional counselor, or to complete a batterer's treatment
12-18 program;
12-19 (6) award to a party use and possession of specified
12-20 property that is community property or jointly owned or leased;
12-21 <or>
12-22 (7) prohibit the respondent <a party> from doing
12-23 specified acts or require a party to do specified acts necessary or
12-24 appropriate to prevent or reduce the likelihood of family violence;
12-25 (8) order the respondent to surrender each firearm, as
12-26 defined by Section 46.01(3), Penal Code, in the possession of the
12-27 party to a designated law enforcement agency to hold for the
13-1 respondent during the time the protective order remains in effect;
13-2 or
13-3 (9) prohibit the respondent from possessing a firearm,
13-4 as defined by Section 46.01(3), Penal Code, during the time the
13-5 protective order remains in effect.
13-6 (b) In a protective order the court may prohibit the
13-7 respondent <a party> from:
13-8 (1) committing family violence;
13-9 (2) communicating:
13-10 (A) directly with a member of the family or
13-11 household in a threatening or harassing manner;
13-12 (B) a threat through any person to a member of
13-13 the family or household; and
13-14 (C) on a finding of good cause, in any manner
13-15 with a member of the family or household except through the party's
13-16 attorney or a person appointed by the court;
13-17 (3) going to or near the residence or place of
13-18 employment or business of a member of the family or household; and
13-19 (4) going to or near the residence, child care
13-20 facility, or school where a child protected under the order
13-21 normally resides or attends.
13-22 (f) <Except on a showing of indigency by a person against
13-23 whom a protective order is directed, the order shall require that
13-24 the person:>
13-25 <(1) pay the cost of service of the order, the actual
13-26 costs of court, the costs incurred by the clerk not paid by the
13-27 applicant pursuant to Section 71.07, Family Code, and any other
14-1 fees, charges, or expenses incurred in connection with the
14-2 protective order; and>
14-3 <(2) reimburse the applicant for any fees paid by the
14-4 applicant under this chapter by paying that amount to the clerk of
14-5 the court.>
14-6 <(g) The clerk of a court who receives money according to a
14-7 protective order from a person against whom the order is directed
14-8 shall reimburse the applicant for any fees paid by the applicant
14-9 under this chapter.>
14-10 <(h) A person who is ordered to pay costs or reimburse an
14-11 applicant under Subsection (f) of this section who does not pay the
14-12 costs or reimburse the applicant before the 60th day after the date
14-13 the order was rendered may be punished for contempt of court by a
14-14 fine in an amount not to exceed $500, or by confinement in jail for
14-15 a term not to exceed six months, or both.>
14-16 <(i)> A respondent <party> for whom counseling or a
14-17 batterer's treatment program is ordered under Subsection (a)(5) of
14-18 this section and who does not provide to the court before the 60th
14-19 day after the date the order was rendered an affidavit that the
14-20 respondent <party> has started the counseling or the program or
14-21 that the counseling or the program is not available within a
14-22 reasonable distance of the respondent's <party's> residence may be
14-23 punished for contempt of court as provided by Section 21.002,
14-24 Government Code <by a fine in an amount not to exceed $500, or by
14-25 confinement in jail for a term not to exceed six months, or both>.
14-26 The order shall specifically advise the respondent <party> of this
14-27 requirement and the possible punishment for failure to comply.
15-1 <(j) Any interested person may contest an affidavit of
15-2 indigency filed under Subsection (f) of this section.>
15-3 SECTION 11. Sections 71.12(c) and (d), Family Code, are
15-4 amended to read as follows:
15-5 (c) If all or part of an agreement under Subsection (a) or
15-6 (b) of this section is approved by the court, the part of the
15-7 agreement approved shall be attached to the protective order and
15-8 become a part of the order of the court.
15-9 (d) <If all or part of an agreement by the respondent under
15-10 Subsection (b) of this section is approved by the court, the part
15-11 of the agreement approved shall be attached to the protective order
15-12 and become a part of the order of the court.> The court may
15-13 approve an agreement or part of an agreement under Subsection (b)
15-14 of this section <this subsection> only if the agreement requires
15-15 the respondent to do or refrain from doing an act under Section
15-16 71.11(b) of this code. The court may not approve an agreement or
15-17 part of an agreement under Subsection (b) of this section <this
15-18 subsection> that requires the applicant to do or refrain from doing
15-19 an act under Section 71.11(b) of this code even if the applicant
15-20 consents in the agreement to do or refrain from doing the act.
15-21 SECTION 12. Section 71.121, Family Code, is amended to read
15-22 as follows:
15-23 Sec. 71.121. Request by Respondent for Protective Order.
15-24 (a) A court that enters a protective order under this subsection
15-25 shall issue two separate documents that each contain the provisions
15-26 of the protective order. The court shall provide one of the
15-27 documents to the applicant and the other to the respondent.
16-1 (b) A court may not enter a <single> protective order that
16-2 applies to both the respondent and the applicant unless the order
16-3 embodies an agreement of the parties under Section 71.12(a) of this
16-4 code.
16-5 (c) <(b)> To apply for a protective order against an
16-6 applicant, a respondent must file a separate application under this
16-7 chapter. A protective order requested by a respondent shall be
16-8 issued in a separate document.
16-9 (d) <(c)> A court may not delay a hearing on an applicant's
16-10 application for a protective order beyond the time provided by
16-11 Section 71.09 of this code in order to consolidate it with a
16-12 hearing on a respondent's application for a protective order
16-13 against the applicant.
16-14 SECTION 13. Sections 71.15(h), (i), and (j), Family Code,
16-15 are amended to read as follows:
16-16 (h) In order for an ex parte order excluding a person from
16-17 the person's residence to be granted, the court must find from the
16-18 required affidavit and testimony that:
16-19 (1) the applicant requesting the exclusion order
16-20 either resides on the premises or has resided there within 30 days
16-21 before the filing of the application;
16-22 (2) the person to be excluded has within the 30-day
16-23 period preceding the filing of the application committed family
16-24 violence against a member of the household; and
16-25 (3) there is a clear and present danger that the
16-26 person to be excluded is likely to commit family violence against a
16-27 member of the household <in the foreseeable future>.
17-1 (i) <On the request of a person obtaining an order that
17-2 excludes another person from the other person's residence, the
17-3 court that granted the order may order the sheriff or chief of
17-4 police to provide a law enforcement officer from the department of
17-5 the sheriff or the chief of police:>
17-6 <(1) to accompany the person obtaining the order to
17-7 the residence covered by the order;>
17-8 <(2) to protect the person obtaining the order while
17-9 the person takes possession of the residence; and>
17-10 <(3) if the person obtaining the order is unable to
17-11 take possession of the residence because the person being excluded
17-12 occupies the residence, to inform the person being excluded that
17-13 the court has ordered the person excluded from the residence.>
17-14 <(j)> The court may stop the hearing to contact the
17-15 respondent by telephone and provide the respondent an opportunity
17-16 to be present when the court resumes the hearing. Without regard
17-17 to whether the respondent is able to be present at the hearing, the
17-18 court shall resume the hearing before the end of the working day.
17-19 SECTION 14. Sections 71.17(a) and (c), Family Code, are
17-20 amended to read as follows:
17-21 (a) A protective order made under this chapter shall be
17-22 delivered to the respondent <person to whom the order applies> in
17-23 open court at the close of the hearing, or served by registered or
17-24 certified mail, in accordance with Rule 21a, Texas Rules of Civil
17-25 Procedure, or served in the same manner as a writ of injunction.
17-26 If the respondent is present at the hearing, the judge or master
17-27 shall sign the order and give a copy of the order to the
18-1 respondent. A copy of the signed order shall be given to the
18-2 applicant at the time the order is given to the respondent. If the
18-3 papers are not ready or the order has not been reduced to writing
18-4 and the respondent is present at the conclusion of the hearing, the
18-5 judge or master shall give notice to the respondent orally of the
18-6 portion of the order containing prohibitions provided under Section
18-7 71.11(b) of this code or any other part of the order containing
18-8 provisions necessary to prevent further family violence. If the
18-9 respondent is not present at the hearing and the written orders are
18-10 ready at the conclusion of the hearing, the clerk of the court
18-11 shall immediately provide a certified copy of the order to the
18-12 applicant. If the written orders are not ready at the conclusion
18-13 of the hearing, the court must sign the order not later than the
18-14 third work day after the date the hearing is concluded.
18-15 (c) If a protective order made under this chapter prohibits
18-16 a respondent <person> from going to or near a child care facility
18-17 or school under Section 71.11(b) of this code, the clerk of the
18-18 court <party requesting the order> shall send a copy of the order
18-19 to the child care facility or school.
18-20 SECTION 15. Section 71.18, Family Code, is amended by adding
18-21 Subsections (c) and (d) to read as follows:
18-22 (c) On the request of an applicant obtaining a temporary
18-23 order that excludes the respondent from the respondent's residence,
18-24 the court that granted the temporary order shall provide a written
18-25 order to the sheriff or chief of police to provide a law
18-26 enforcement officer from the department of the sheriff or chief of
18-27 police:
19-1 (1) to accompany the applicant to the residence
19-2 covered by the order;
19-3 (2) to inform the respondent that the court has
19-4 ordered the respondent excluded from the residence;
19-5 (3) to protect the applicant while the applicant takes
19-6 possession of the residence; and
19-7 (4) if the respondent refuses to vacate the residence,
19-8 to protect the applicant while the applicant takes possession of
19-9 the applicant's necessary personal property.
19-10 (d) On the request of an applicant obtaining a final order
19-11 that excludes the respondent from the respondent's residence, the
19-12 court that granted the final order shall provide a written order to
19-13 the sheriff or chief of police to provide a law enforcement officer
19-14 from the department of the sheriff or chief of police:
19-15 (1) to accompany the applicant to the residence
19-16 covered by the order;
19-17 (2) to inform the respondent that the court has
19-18 ordered the respondent excluded from the residence;
19-19 (3) to protect the applicant while the applicant takes
19-20 possession of the residence and the respondent takes possession of
19-21 the respondent's necessary personal property; and
19-22 (4) if the respondent refuses to vacate the residence:
19-23 (A) to remove the respondent from the residence;
19-24 and
19-25 (B) to arrest the respondent for violating the
19-26 court order.
19-27 SECTION 16. Section 118.131, Local Government Code, is
20-1 amended by adding Subsection (i) to read as follows:
20-2 (i) The commissioners court may not assess an applicant a
20-3 fee for service of notice of an application for a protective order
20-4 for more than the amount provided in Section 71.041(b), Family
20-5 Code.
20-6 SECTION 17. Section 51.303, Government Code, is amended by
20-7 adding Subsection (f) to read as follows:
20-8 (f) In addition to the other powers and duties of this
20-9 section, a district clerk shall accept applications for protective
20-10 orders under Chapter 71, Family Code.
20-11 SECTION 18. Section 51.402, Government Code, is amended by
20-12 adding Subsection (d) to read as follows:
20-13 (d) In addition to the other powers and duties of this
20-14 section, a county clerk that serves as the clerk for a court having
20-15 jurisdiction of applications for protective orders under Chapter
20-16 71, Family Code, shall accept those applications.
20-17 SECTION 19. The following sections of the Family Code are
20-18 repealed:
20-19 (1) 3.582 and 3.583;
20-20 (2) 71.04(d), (e), and (f);
20-21 (3) 71.07(i); and
20-22 (4) 71.13(b) and (c).
20-23 SECTION 20. This Act takes effect September 1, 1993, and
20-24 applies only to an application for a protective order made on or
20-25 after that date. An application for a protective order made before
20-26 the effective date of this Act is governed by the law in effect at
20-27 the time the application was made, and the former law is continued
21-1 in effect for that purpose.
21-2 SECTION 21. The importance of this legislation and the
21-3 crowded condition of the calendars in both houses create an
21-4 emergency and an imperative public necessity that the
21-5 constitutional rule requiring bills to be read on three several
21-6 days in each house be suspended, and this rule is hereby suspended.