1-1  By:  Armbrister                                       S.B. No. 1444
    1-2        (In the Senate - Filed April 28, 1993; April 28, 1993, read
    1-3  first time and referred to Committee on Jurisprudence; May 4, 1993,
    1-4  reported favorably by the following vote:  Yeas 4, Nays 0;
    1-5  May 4, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown                                         x    
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                        x    
   1-14        West                                          x    
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to protective orders for family violence.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Subchapter C, Chapter 3, Family Code, is amended
   1-20  by adding Section 3.522 to read as follows:
   1-21        Sec. 3.522.  PROTECTIVE ORDERS.  (a)  The petition in a suit
   1-22  for divorce or annulment must state whether a protective order is
   1-23  in effect or an application for a protective order is pending with
   1-24  regard to the parties to the suit.
   1-25        (b)  The petitioner in a suit for divorce or annulment shall
   1-26  attach to the petition each protective order in which one of the
   1-27  parties to the suit was the applicant and the other party the
   1-28  respondent without regard to the date when the order was entered.
   1-29        SECTION 2.  Section 3.581, Family Code, is amended to read as
   1-30  follows:
   1-31        Sec. 3.581.  Protective Orders.  <(a)>  On the motion of any
   1-32  party to a suit for divorce or annulment or to declare a marriage
   1-33  void, the court may issue a protective order as provided by Section
   1-34  71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
   1-35  and (c), 71.111, 71.14, and 71.16> of this code.
   1-36        <(b)  An order may be made under this section only after
   1-37  notice to the party alleged to have committed family violence and a
   1-38  hearing.>
   1-39        <(c)  An order made under this section is valid for one year
   1-40  or the earliest of:>
   1-41              <(1)  the end of a period of less than one year
   1-42  specified in the order by the court;>
   1-43              <(2)  the date the order is vacated by the court; or>
   1-44              <(3)  the date the suit is dismissed.>
   1-45        <(d)  A spouse who has applied for a protective order under
   1-46  this section is entitled to a temporary ex parte order directed
   1-47  against the other spouse for the relief provided by and under the
   1-48  conditions established in Section 71.15 of this code.>
   1-49        <(e)  The date of expiration of an order made under this
   1-50  section must appear on the order.>
   1-51        <(f)  An order made under this section must be a separate
   1-52  document entitled "PROTECTIVE ORDER.">
   1-53        SECTION 3.  Subdivisions (2), (4), (5), and (6), Subsection
   1-54  (b), Section 71.01, Family Code, are amended to read as follows:
   1-55              (2)  "Family violence" means:
   1-56                    (A)  an act by a member of a family or household
   1-57  against another member of the family or household that is intended
   1-58  to result in physical harm, bodily injury, <or> assault, or sexual
   1-59  assault or that is a threat that reasonably places the member in
   1-60  fear of imminent physical harm, bodily injury, <or> assault, or
   1-61  sexual assault <excluding the reasonable discipline of a child by a
   1-62  person having that duty>; or
   1-63                    (B)  abuse, as that term is defined by Sections
   1-64  34.012(1)(C), (E), and (G) of this code, by a member of a family or
   1-65  household toward a child of the family or household.
   1-66              (4)  <"Former member of a household" means a person who
   1-67  previously lived in a household.>
   1-68              <(5)>  "Household" means a unit composed of persons
    2-1  living together in the same dwelling, whether or not they are
    2-2  related to each other.
    2-3              (5) <(6)>  "Member of a household" includes a person
    2-4  who previously lived in <former member of> a household.
    2-5        SECTION 4.  Chapter 71, Family Code, is amended by adding
    2-6  Section 71.041 to read as follows:
    2-7        Sec. 71.041.  FEES AND COSTS.  (a)  The fee for filing an
    2-8  application for a protective order is $16 and is payable to the
    2-9  clerk of the court in which the application is filed.
   2-10        (b)  The fee for service of notice of an application of a
   2-11  protective order under Section 71.07 of this code may not be more
   2-12  than:
   2-13              (1)  $20 if the notice is served in person; or
   2-14              (2)  the cost of postage if the service is by
   2-15  registered or certified mail.
   2-16        (c)  An applicant for a protective order may not be assessed
   2-17  a fee, cost, charge, or expense by a clerk of the court or another
   2-18  public official in connection with the protective order other than
   2-19  the fees provided by Subsections (a) and (b) of this section.  The
   2-20  total amount of the fees permitted under this section and under
   2-21  this chapter may not exceed $36.  A fee may not be charged to
   2-22  dismiss or withdraw an application for a protective order.
   2-23        (d)  An applicant who is unable to pay the filing fee and
   2-24  other costs as provided by this section may file with the court an
   2-25  affidavit of inability to pay under the procedures, to the extent
   2-26  that they apply, provided by the Texas Rules of Civil Procedure.
   2-27        (e)  Except on a showing of indigency by the respondent, a
   2-28  court shall require in a protective order that the respondent
   2-29  against whom an order is rendered:
   2-30              (1)  pay the cost of service of the order, the actual
   2-31  costs of court, the costs incurred by the clerk not paid by the
   2-32  applicant under this section, and all other fees, charges, or
   2-33  expenses incurred in connection with the protective order; and
   2-34              (2)  reimburse the applicant for any fee paid by the
   2-35  applicant under this chapter by paying that amount to the clerk of
   2-36  the court.
   2-37        (f)  An interested person may contest an affidavit of
   2-38  indigency filed under Subsection (e) of this section.
   2-39        (g)  The clerk of a court who receives money according to a
   2-40  protective order from a respondent shall reimburse the applicant
   2-41  for any fee paid by the applicant under this chapter to the extent
   2-42  of the amount received by the clerk.
   2-43        (h)  A person who is ordered to pay costs or reimburse an
   2-44  applicant under Subsection (e) of this section who does not pay the
   2-45  costs or reimburse the applicant before the 60th day after the date
   2-46  the order was rendered may be punished for contempt of court as
   2-47  provided by Section 21.002, Government Code.
   2-48        (i)  The court may assess a reasonable attorney fee as
   2-49  compensation for the services of a private or prosecuting attorney
   2-50  representing an applicant against any party who is found to have
   2-51  committed family violence.  In setting the amount of the fee, the
   2-52  court shall consider the income and ability to pay of the person
   2-53  against whom the fee is assessed.  The amount of fees collected
   2-54  under this subsection as compensation for the fees of a prosecuting
   2-55  attorney shall be paid to the credit of the county fund for which
   2-56  the salaries of employees of the prosecuting attorney are paid or
   2-57  supplemented.
   2-58        SECTION 5.  Subsections (b) through (g) Section 71.05, Family
   2-59  Code, are amended to read as follows:
   2-60        (b)  <If an application requests a protective order for a
   2-61  spouse and alleges that the other spouse has committed family
   2-62  violence, the application must state that no suit for the
   2-63  dissolution of the marriage of the spouses is pending.>
   2-64        <(c)>  If an applicant is a former spouse of an individual
   2-65  alleged to have committed family violence:
   2-66              (1)  a copy of the decree dissolving the marriage must
   2-67  be attached to the application; or
   2-68              (2)  the application must state that the decree is
   2-69  unavailable to the applicant and that a copy of the decree will be
   2-70  filed with the court before the  hearing on the application.
    3-1        (c) <(d)>  If an application requests a protective order for
    3-2  a child who is subject to the continuing jurisdiction of a court
    3-3  under Subtitle A, Title 2, of this code or alleges that a child who
    3-4  is subject to the continuing jurisdiction of a court under Subtitle
    3-5  A, Title 2, of this code has committed family violence:
    3-6              (1)  a copy of the court orders affecting the
    3-7  conservatorship, possession, and support of or the access to the
    3-8  child must be filed with the application; or
    3-9              (2)  the application must state that the orders
   3-10  affecting the child are unavailable to the applicant and that a
   3-11  copy of the orders will be filed with the court before the hearing
   3-12  on the application.
   3-13        (d) <(e)>  If the application requests the issuance of a
   3-14  temporary ex parte order under Section 71.15 of this code, the
   3-15  application must:
   3-16              (1)  contain a detailed description of the facts and
   3-17  circumstances concerning the alleged family violence and the need
   3-18  for immediate protective orders; and
   3-19              (2)  be signed by each applicant under an oath that the
   3-20  facts and circumstances contained in the application are true to
   3-21  the best knowledge and belief of each applicant.
   3-22        (e) <(f)>  If an application requests a protective order and
   3-23  alleges that the respondent has violated a former protective order
   3-24  protecting the applicant by committing an act prohibited by the
   3-25  former order under Section 71.11(b) of this code and that the
   3-26  former protective order has expired since the alleged violation
   3-27  occurred, the application for the protective order must include:
   3-28              (1)  a copy of the former protective order attached to
   3-29  the application or a statement that the order is unavailable to the
   3-30  applicant and that a copy of the order will be filed with the court
   3-31  before the hearing on the application;
   3-32              (2)  a description of the violation of the former
   3-33  protective order; and
   3-34              (3)  a statement that the violation of the former order
   3-35  described in the application has not been grounds for any other
   3-36  order protecting the applicant that has been issued or requested
   3-37  under this section.
   3-38        (f) <(g)>  The procedural requirements relating to a
   3-39  protective order under this chapter, including the application
   3-40  under Section 71.04 of this code and service under Section 71.07 of
   3-41  this code, apply to a protective order under Subsection (e) <(f)>
   3-42  of this section.
   3-43        SECTION 6.  Section 71.06, Family Code, is amended to read as
   3-44  follows:
   3-45        Sec. 71.06.  Application Filed During Suit for Dissolution of
   3-46  Marriage.  (a)  A person who is a party to a pending suit for the
   3-47  dissolution of a marriage and who wishes to apply for a protective
   3-48  order involving the relationship between the spouses or their
   3-49  respective rights, duties, or powers shall <must> file an
   3-50  application for the order as a motion in the suit or as a separate
   3-51  application under Section 71.04 <3.581> of this code.  The
   3-52  requirements of service of notice under Section 71.07 of this code
   3-53  do not apply if the application is filed as a motion in a suit for
   3-54  the dissolution of a marriage.  Notice is given in the same manner
   3-55  as in any other motion in a suit for the dissolution of a marriage.
   3-56  The court shall treat a motion for a protective order in a suit for
   3-57  dissolution of a marriage as an application for a protective order
   3-58  under this chapter.
   3-59        (b)  A court may not  <shall> dismiss an application filed
   3-60  under this chapter by a party to a pending suit for dissolution of
   3-61  marriage because of the pending suit <and shall advise the
   3-62  applicant that the applicant may file an application under Section
   3-63  3.581 of this code>.
   3-64        (c)  The court may enter a protective order under Section
   3-65  71.11(b) of this code when granting a final divorce or annulment
   3-66  decree if the court finds that there is evidence of family
   3-67  violence.
   3-68        (d)  Except as provided by Subsection (e) of this section, an
   3-69  order of a court having jurisdiction of a suit for divorce or
   3-70  annulment prevails, to the extent of conflict only, over a
    4-1  conflicting portion of an order made under this title and relating
    4-2  to the parties to the suit for divorce or annulment.
    4-3        (e)  An order of a court having jurisdiction of a suit for
    4-4  divorce or annulment does not prevail over that portion of an order
    4-5  made under this title that is in effect and that relates to the
    4-6  parties to the suit for divorce or annulment and prohibits one of
    4-7  the parties from:
    4-8              (1)  committing family violence;
    4-9              (2)  directly communicating with a member of the family
   4-10  or household in a threatening or harassing manner, communicating a
   4-11  threat through any person to a member of the family or household,
   4-12  and, if the order prohibits any communication with a member of the
   4-13  family or household, communicating in any manner with the member of
   4-14  the family or household except through the person's attorney or
   4-15  person appointed by the court;
   4-16              (3)  going to or near the place of employment or
   4-17  business of a member of the family or household; or
   4-18              (4)  going to or near the residence of a member of the
   4-19  family or household unless the court having jurisdiction of the
   4-20  suit for divorce or annulment awards the property of the parties in
   4-21  a manner that results in a change of residence of the party for
   4-22  whom an order made under this title is intended to protect
   4-23  requiring the modification of the protective order.
   4-24        SECTION 7.  Section 71.08, Family Code, is amended to read as
   4-25  follows:
   4-26        Sec. 71.08.  Answer.  A respondent <An individual> served
   4-27  with notice of an application for a protective order may but is not
   4-28  required to file a written answer to the application.  The answer
   4-29  may be filed at any time before the hearing.
   4-30        SECTION 8.  Subsections (b), (c), and (e), Section 71.09,
   4-31  Family Code, are amended to read as follows:
   4-32        (b)  If a respondent <person> entitled to service of a notice
   4-33  of application for a protective order receives the service within
   4-34  48 hours before the time set for the hearing, the court, on a
   4-35  request from the respondent <person>, shall reschedule the hearing
   4-36  for a date not later than 14 days after the date set for the
   4-37  hearing.  The respondent <person> is not entitled to additional
   4-38  service for the rescheduled hearing.
   4-39        (c)  If a hearing set under Subsection (a) of this section is
   4-40  not held because of the failure of a respondent <party> to receive
   4-41  service of a notice of application for a protective order, the
   4-42  applicant may request the court to reschedule the hearing.  Except
   4-43  as provided by Subsection (d) of this section, the date for a
   4-44  rescheduled hearing under this subsection must be not later than 14
   4-45  days after the date on which the request is made.
   4-46        (e)  A court may issue an order relating to an application
   4-47  for a protective order that is binding on a respondent <party> who
   4-48  does not attend a hearing under this section if the absent
   4-49  respondent <party> received notice of the application.  This
   4-50  subsection applies to a respondent <party> who receives notice
   4-51  within 48 hours before the time set for a hearing if the respondent
   4-52  <party> does not request that the hearing be rescheduled.
   4-53        SECTION 9.  Section 71.10, Family Code, is amended to read as
   4-54  follows:
   4-55        Sec. 71.10.  FINDINGS AND ORDERS.  (a)  At the close of a
   4-56  hearing on an application, the court shall find whether or not
   4-57  family violence has occurred and whether or not family violence is
   4-58  likely to occur in the <foreseeable> future.
   4-59        (b)  If the court finds that family violence has occurred and
   4-60  that family violence is likely to occur in the <foreseeable>
   4-61  future, the court shall enter a <may make any> protective order
   4-62  under Section 71.11(b) of this code applying only to the respondent
   4-63  and may enter a protective order authorized under Section 71.11(a)
   4-64  of this code applying to both the respondent and the applicant <by
   4-65  this chapter> that is in the best interest of the applicant, the
   4-66  family or household, or a member of the family or household.
   4-67        (c)  If the court finds that a respondent <person> violated a
   4-68  former protective order made under this chapter by committing an
   4-69  act prohibited by the former order under Section 71.11(b) of this
   4-70  code while the former order was in effect and that the former order
    5-1  is not currently in effect, the court, without finding whether
    5-2  family violence has occurred or whether family violence is likely
    5-3  to occur in the <foreseeable> future, shall issue a protective
    5-4  order that is in the best interest of the applicant, the family or
    5-5  household, or a member of the family or household.
    5-6        <(d)  A protective order may apply only to a party to the
    5-7  proceeding who:>
    5-8              <(1)  the court finds has committed family violence and
    5-9  is likely to commit family violence in the foreseeable future;>
   5-10              <(2)  the court finds has violated a former protective
   5-11  order;>
   5-12              <(3)  has agreed to the order under Section 71.12(a) of
   5-13  this code; or>
   5-14              <(4)  is a respondent and has agreed to the order under
   5-15  Section 71.12(b) of this code.>
   5-16        SECTION 10.  Section 71.11, Family Code, is amended by
   5-17  amending Subsections (a), (b), and (f) through (j) to read as
   5-18  follows:
   5-19        (a)  In a protective order the court may:
   5-20              (1)  prohibit a party from:
   5-21                    (A)  removing a child member of the family or
   5-22  household from the possession of a person named in the court order
   5-23  or from the jurisdiction of the court; or
   5-24                    (B)  transferring, encumbering, or otherwise
   5-25  disposing of property mutually owned or leased by the parties,
   5-26  except when in the ordinary course of business;
   5-27              (2)  grant exclusive possession of a residence to a
   5-28  party and, if appropriate, direct one or more other parties to
   5-29  vacate the residence if:
   5-30                    (A)  the residence is jointly owned or leased by
   5-31  the party receiving exclusive possession and by some other party
   5-32  denied possession;
   5-33                    (B)  the residence is owned or leased by the
   5-34  party retaining possession; or
   5-35                    (C)  the residence is owned or leased by the
   5-36  party denied possession but only if that party has an obligation to
   5-37  support the party granted possession of the residence or a child of
   5-38  the party granted possession;
   5-39              (3)  provide for possession of and access to a child of
   5-40  a party if the person receiving possession of or access to the
   5-41  child is a parent, as that term is defined by Section 11.01 of this
   5-42  code, of the child;
   5-43              (4)  require the payment of support for a party or for
   5-44  a child of a party if the person required to make the payment has
   5-45  an obligation to support the other party or the child;
   5-46              (5)  require the respondent <one or more parties> to
   5-47  counsel with a social worker, family service agency, physician,
   5-48  psychologist, licensed marriage and family therapist, or licensed
   5-49  professional counselor, or to complete a batterer's treatment
   5-50  program;
   5-51              (6)  award to a party use and possession of specified
   5-52  property that is community property or jointly owned or leased;
   5-53  <or>
   5-54              (7)  prohibit the respondent <a party> from doing
   5-55  specified acts or require a party to do specified acts necessary or
   5-56  appropriate to prevent or reduce the likelihood of family violence;
   5-57              (8)  order the respondent to surrender each firearm, as
   5-58  defined by Section 46.01(3), Penal Code, in the possession of the
   5-59  party to a designated law enforcement agency to hold for the
   5-60  respondent during the time the protective order remains in effect;
   5-61  or
   5-62              (9)  prohibit the respondent from possessing a firearm,
   5-63  as defined by Section 46.01(3), Penal Code, during the time the
   5-64  protective order remains in effect.
   5-65        (b)  In a protective order the court may prohibit the
   5-66  respondent <a party> from:
   5-67              (1)  committing family violence;
   5-68              (2)  communicating:
   5-69                    (A)  directly with a member of the family or
   5-70  household in a threatening or harassing manner;
    6-1                    (B)  a threat through any person to a member of
    6-2  the family or household; and
    6-3                    (C)  on a finding of good cause, in any manner
    6-4  with a member of the family or household except through the party's
    6-5  attorney or a person appointed by the court;
    6-6              (3)  going to or near the residence or place of
    6-7  employment or business of a member of the family or household; and
    6-8              (4)  going to or near the residence, child care
    6-9  facility, or school where a child protected under the order
   6-10  normally resides or attends.
   6-11        (f)  <Except on a showing of indigency by a person against
   6-12  whom a protective order is directed, the order shall require that
   6-13  the person:>
   6-14              <(1)  pay the cost of service of the order, the actual
   6-15  costs of court, the costs incurred by the clerk not paid by the
   6-16  applicant pursuant to Section 71.07, Family Code, and any other
   6-17  fees, charges, or expenses incurred in connection with the
   6-18  protective order; and>
   6-19              <(2)  reimburse the applicant for any fees paid by the
   6-20  applicant under this chapter by paying that amount to the clerk of
   6-21  the court.>
   6-22        <(g)  The clerk of a court who receives money according to a
   6-23  protective order from a person against whom the order is directed
   6-24  shall reimburse the applicant for any fees paid by the applicant
   6-25  under this chapter.>
   6-26        <(h)  A person who is ordered to pay costs or reimburse an
   6-27  applicant under Subsection (f) of this section who does not pay the
   6-28  costs or reimburse the applicant before the 60th day after the date
   6-29  the order was rendered may be punished for contempt of court by a
   6-30  fine in an amount not to exceed $500, or by confinement in jail for
   6-31  a term not to exceed six months, or both.>
   6-32        <(i)>  A respondent <party> for whom counseling or a
   6-33  batterer's treatment program is ordered under Subsection (a)(5) of
   6-34  this section and who does not provide to the court before the 60th
   6-35  day after the date the order was rendered an affidavit that the
   6-36  respondent <party> has started the counseling or the program or
   6-37  that the counseling or the program is not available within a
   6-38  reasonable distance of the respondent's <party's> residence may be
   6-39  punished for contempt of court as provided by Section 21.002,
   6-40  Government Code <by a fine in an amount not to exceed $500, or by
   6-41  confinement in jail for a term not to exceed six months, or both>.
   6-42  The order shall specifically advise the respondent <party> of this
   6-43  requirement and the possible punishment for failure to comply.
   6-44        <(j)  Any interested person may contest an affidavit of
   6-45  indigency filed under Subsection (f) of this section.>
   6-46        SECTION 11.  Subsections (c) and (d), Section 71.12, Family
   6-47  Code, are amended to read as follows:
   6-48        (c)  If all or part of an agreement under Subsection (a) or
   6-49  (b) of this section is approved by the court, the part of the
   6-50  agreement approved shall be attached to the protective order and
   6-51  become a part of the order of the court.
   6-52        (d)  <If all or part of an agreement by the respondent under
   6-53  Subsection (b) of this section is approved by the court, the part
   6-54  of the agreement approved shall be attached to the protective order
   6-55  and become a part of the order of the court.>  The court may
   6-56  approve an agreement or part of an agreement under Subsection (b)
   6-57  of this section <this subsection> only if the agreement requires
   6-58  the respondent to do or refrain from doing an act under Section
   6-59  71.11(b) of this code.  The court may not approve an agreement or
   6-60  part of an agreement under Subsection (b) of this section <this
   6-61  subsection> that requires the applicant to do or refrain from doing
   6-62  an act under Section 71.11(b) of this code even if the applicant
   6-63  consents in the agreement to do or refrain from doing the act.
   6-64        SECTION 12.  Section 71.121, Family Code, is amended to read
   6-65  as follows:
   6-66        Sec. 71.121.  Request by Respondent for Protective Order.
   6-67  (a)  A court that enters a protective order under this subsection
   6-68  shall issue two separate documents that each contain the provisions
   6-69  of the protective order.  The court shall provide one of the
   6-70  documents to the applicant and the other to the respondent.
    7-1        (b)  A court may not enter a <single> protective order that
    7-2  applies to both the respondent and the applicant unless the order
    7-3  embodies an agreement of the parties under Section 71.12(a) of this
    7-4  code.
    7-5        (c) <(b)>  To apply for a protective order against an
    7-6  applicant, a respondent must file a separate application under this
    7-7  chapter.  A protective order requested by a respondent shall be
    7-8  issued in a separate document.
    7-9        (d) <(c)>  A court may not delay a hearing on an applicant's
   7-10  application for a protective order beyond the time provided by
   7-11  Section 71.09 of this code in order to consolidate it with a
   7-12  hearing on a respondent's application for a protective order
   7-13  against the applicant.
   7-14        SECTION 13.  Subsections (h), (i), and (j), Section 71.15,
   7-15  Family Code, are amended to read as follows:
   7-16        (h)  In order for an ex parte order excluding a person from
   7-17  the person's residence to be granted, the court must find from the
   7-18  required affidavit and testimony that:
   7-19              (1)  the applicant requesting the exclusion order
   7-20  either resides on the premises or has resided there within 30 days
   7-21  before the filing of the application;
   7-22              (2)  the person to be excluded has within the 30-day
   7-23  period preceding the filing of the application committed family
   7-24  violence against a member of the household; and
   7-25              (3)  there is a clear and present danger that the
   7-26  person to be excluded is likely to commit family violence against a
   7-27  member of the household <in the foreseeable future>.
   7-28        (i)  <On the request of a person obtaining an order that
   7-29  excludes another person from the other person's residence, the
   7-30  court that granted the order may order the sheriff or chief of
   7-31  police to provide a law enforcement officer from the department of
   7-32  the sheriff or the chief of police:>
   7-33              <(1)  to accompany the person obtaining the order to
   7-34  the residence covered by the order;>
   7-35              <(2)  to protect the person obtaining the order while
   7-36  the person takes possession of the residence; and>
   7-37              <(3)  if the person obtaining the order is unable to
   7-38  take possession of the residence because the person being excluded
   7-39  occupies the residence, to inform the person being excluded that
   7-40  the court has ordered the person excluded from the residence.>
   7-41        <(j)>  The court may stop the hearing to contact the
   7-42  respondent by telephone and provide the respondent an opportunity
   7-43  to be present when the court resumes the hearing.  Without regard
   7-44  to whether the respondent is able to be present at the hearing, the
   7-45  court shall resume the hearing before the end of the working day.
   7-46        SECTION 14.  Subsections (a) and (c), Section 71.17, Family
   7-47  Code, are amended to read as follows:
   7-48        (a)  A protective order made under this chapter shall be
   7-49  delivered to the respondent <person to whom the order applies> in
   7-50  open court at the close of the hearing, or served by registered or
   7-51  certified mail, in accordance with Rule 21a, Texas Rules of Civil
   7-52  Procedure, or served in the same manner as a writ of injunction.
   7-53  If the respondent is present at the hearing, the judge or master
   7-54  shall sign the order and give a copy of the order to the
   7-55  respondent.  A copy of the signed order shall be given to the
   7-56  applicant at the time the order is given to the respondent.  If the
   7-57  papers are not ready or the order has not been reduced to writing
   7-58  and the respondent is present at the conclusion of the hearing, the
   7-59  judge or master shall give notice to the respondent orally of the
   7-60  portion of the order containing prohibitions provided under Section
   7-61  71.11(b) of this code or any other part of the order containing
   7-62  provisions necessary to prevent further family violence.  If the
   7-63  respondent is not present at the hearing and the written orders are
   7-64  ready at the conclusion of the hearing, the clerk of the court
   7-65  shall immediately provide a certified copy of the order to the
   7-66  applicant.  If the written orders are not ready at the conclusion
   7-67  of the hearing, the court must sign the order not later than the
   7-68  third work day after the date the hearing is concluded.
   7-69        (c)  If a protective order made under this chapter prohibits
   7-70  a respondent <person> from going to or near a child care facility
    8-1  or school under Section 71.11(b) of this code, the clerk of the
    8-2  court <party requesting the order> shall send a copy of the order
    8-3  to the child care facility or school.
    8-4        SECTION 15.  Section 71.18, Family Code, is amended by adding
    8-5  Subsections (c) and (d) to read as follows:
    8-6        (c)  On the request of an applicant obtaining a temporary
    8-7  order that excludes the respondent from the respondent's residence,
    8-8  the court that granted the temporary order shall provide a written
    8-9  order to the sheriff or chief of police to provide a law
   8-10  enforcement officer from the department of the sheriff or chief of
   8-11  police:
   8-12              (1)  to accompany the applicant to the residence
   8-13  covered by the order;
   8-14              (2)  to inform the respondent that the court has
   8-15  ordered the respondent excluded from the residence;
   8-16              (3)  to protect the applicant while the applicant takes
   8-17  possession of the residence; and
   8-18              (4)  if the respondent refuses to vacate the residence,
   8-19  to protect the applicant while the applicant takes possession of
   8-20  the applicant's necessary personal property.
   8-21        (d)  On the request of an applicant obtaining a final order
   8-22  that excludes the respondent from the respondent's residence, the
   8-23  court that granted the final order shall provide a written order to
   8-24  the sheriff or chief of police to provide a law enforcement officer
   8-25  from the department of the sheriff or chief of police:
   8-26              (1)  to accompany the applicant to the residence
   8-27  covered by the order;
   8-28              (2)  to inform the respondent that the court has
   8-29  ordered the respondent excluded from the residence;
   8-30              (3)  to protect the applicant while the applicant takes
   8-31  possession of the residence and the respondent takes possession of
   8-32  the respondent's necessary personal property; and
   8-33              (4)  if the respondent refuses to vacate the residence:
   8-34                    (A)  to remove the respondent from the residence;
   8-35  and
   8-36                    (B)  to arrest the respondent for violating the
   8-37  court order.
   8-38        SECTION 16.  Section 118.131, Local Government Code, is
   8-39  amended by adding Subsection (i) to read as follows:
   8-40        (i)  The commissioners court may not assess an applicant a
   8-41  fee for service of notice of an application for a protective order
   8-42  for more than the amount provided in Section 71.041(b), Family
   8-43  Code.
   8-44        SECTION 17.  Section 51.303, Government Code, is amended by
   8-45  adding Subsection (f) to read as follows:
   8-46        (f)  In addition to the other powers and duties of this
   8-47  section, a district clerk shall accept applications for protective
   8-48  orders under Chapter 71, Family Code.
   8-49        SECTION 18.  Section 51.402, Government Code, is amended by
   8-50  adding Subsection (d) to read as follows:
   8-51        (d)  In addition to the other powers and duties of this
   8-52  section, a county clerk that serves as the clerk for a court having
   8-53  jurisdiction of applications for protective orders under Chapter
   8-54  71, Family Code, shall accept those applications.
   8-55        SECTION 19.  The following sections of the Family Code are
   8-56  repealed:
   8-57              (1)  3.582 and 3.583;
   8-58              (2)  71.04(d), (e), and (f);
   8-59              (3)  71.07(i); and
   8-60              (4)  71.13(b) and (c).
   8-61        SECTION 20.  This Act takes effect September 1, 1993, and
   8-62  applies only to an application for a protective order made on or
   8-63  after that date.  An application for a protective order made before
   8-64  the effective date of this Act is governed by the law in effect at
   8-65  the time the application was made, and the former law is continued
   8-66  in effect for that purpose.
   8-67        SECTION 21.  The importance of this legislation and the
   8-68  crowded condition of the calendars in both houses create an
   8-69  emergency and an imperative public necessity that the
   8-70  constitutional rule requiring bills to be read on three several
    9-1  days in each house be suspended, and this rule is hereby suspended.
    9-2                               * * * * *
    9-3                                                         Austin,
    9-4  Texas
    9-5                                                         May 4, 1993
    9-6  Hon. Bob Bullock
    9-7  President of the Senate
    9-8  Sir:
    9-9  We, your Committee on Jurisprudence to which was referred S.B.
   9-10  No. 1444, have had the same under consideration, and I am
   9-11  instructed to report it back to the Senate with the recommendation
   9-12  that it do pass and be printed.
   9-13                                                         Henderson,
   9-14  Chairman
   9-15                               * * * * *
   9-16                               WITNESSES
   9-17                                                  FOR   AGAINST  ON
   9-18  ___________________________________________________________________
   9-19  Name:  Adrienne Nelson                           x
   9-20  Representing:  Tx Council on Family Violence
   9-21  City:  Austin
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