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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