By Goodman, Thompson, Combs H.B. No. 418
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protection of the family; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 71.01(b)(3), Family Code, is amended to
1-5 read as follows:
1-6 (3) "Family" includes individuals related by
1-7 consanguinity or affinity, as determined under Sections 573.022 and
1-8 573.024, Government Code <Article 5996h, Revised Statutes>,
1-9 individuals who are former spouses of each other, individuals who
1-10 are the biological parents of the same child, without regard to
1-11 marriage, and a foster child and foster parent, whether or not
1-12 those individuals reside together.
1-13 SECTION 2. Section 71.04(c), Family Code, is amended to read
1-14 as follows:
1-15 (c) A county shall designate a prosecuting attorney to file
1-16 <The county attorney or the criminal district attorney is the
1-17 prosecuting attorney responsible for filing> applications under
1-18 this chapter. In the absence of a designation under this section,
1-19 a district attorney shall be responsible for filing applications
1-20 for protective orders. On assuming responsibility for filing
1-21 applications for protective orders under this section, a district
1-22 attorney shall notify all local law enforcement entities that the
1-23 district attorney assumes the responsibility. <The district
1-24 attorney may assume the responsibility by giving notice of that
2-1 assumption to the county attorney.> The application is to be filed
2-2 as provided by Article 5.06, Code of Criminal Procedure.
2-3 SECTION 3. Section 71.06, Family Code, is amended by
2-4 amending Subsection (b) and by adding Subsection (c) to read as
2-5 follows:
2-6 (b) A court may not <shall> dismiss an application filed
2-7 under this chapter solely on the grounds that a suit for
2-8 dissolution of a marriage is filed unless the court hearing the
2-9 suit for dissolution has rendered a temporary order, including a
2-10 protective order, on behalf of the applicant under this chapter, in
2-11 response to an application filed with that court or has denied the
2-12 application on its merits. On rendition of a temporary order,
2-13 including a protective order, on behalf of the applicant under this
2-14 chapter, or denial of an application for a protective order by the
2-15 court hearing the suit for dissolution, a court may dismiss an
2-16 application filed under this chapter <by a party to a pending suit
2-17 for dissolution of marriage and shall advise the applicant that the
2-18 applicant may file an application under Section 3.581 of this
2-19 code>.
2-20 (c) A protective order rendered under this chapter is valid
2-21 and enforceable, pending further action by the court that rendered
2-22 the order, until it is properly superseded by another court with
2-23 jurisdiction over the order.
2-24 SECTION 4. Section 71.16(b), Family Code, is amended to read
2-25 as follows:
2-26 (b) Each protective order issued under this chapter, except
2-27 a temporary ex parte order, shall have the following statement
3-1 printed in bold-faced type or in capital letters:
3-2 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-3 BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
3-4 $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
3-5 ONE YEAR <10 YEARS>, OR BOTH. <FURTHER VIOLATIONS OF THIS ORDER
3-6 MAY BE PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99
3-7 YEARS.> AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED
3-8 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-9 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-10 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
3-11 SECTION 5. Subchapter C, Chapter 3, Family Code, is amended
3-12 by adding Section 3.522 to read as follows:
3-13 Sec. 3.522. PROTECTIVE ORDERS. (a) The petition in a suit
3-14 for divorce or annulment must state whether a protective order
3-15 under Chapter 71 or Section 3.581 is in effect or if an application
3-16 for a protective order is pending with regard to the parties to the
3-17 suit.
3-18 (b) The petitioner in a suit for divorce or annulment shall
3-19 attach to the petition a copy of each protective order issued under
3-20 Chapter 71 or Section 3.581 in which one of the parties to the suit
3-21 was the applicant and the other party was the respondent without
3-22 regard to the date on which the order was entered. If a copy of
3-23 the protective order is not available at the time of filing, the
3-24 petition must state that a copy of the order will be filed with the
3-25 court before any hearing.
3-26 SECTION 6. Section 3.581, Family Code, is amended to read as
3-27 follows:
4-1 Sec. 3.581. Protective Orders. <(a)> On the motion of any
4-2 party to a suit for divorce or annulment or to declare a marriage
4-3 void, the court may issue a protective order as provided by Section
4-4 71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
4-5 and (c), 71.111, 71.14, and 71.16 of this code>.
4-6 <(b) An order may be made under this section only after
4-7 notice to the party alleged to have committed family violence and a
4-8 hearing.>
4-9 <(c) An order made under this section is valid for one year
4-10 or the earliest of:>
4-11 <(1) the end of a period of less than one year
4-12 specified in the order by the court;>
4-13 <(2) the date the order is vacated by the court; or>
4-14 <(3) the date the suit is dismissed.>
4-15 <(d) A spouse who has applied for a protective order under
4-16 this section is entitled to a temporary ex parte order directed
4-17 against the other spouse for the relief provided by and under the
4-18 conditions established in Section 71.15 of this code.>
4-19 <(e) The date of expiration of an order made under this
4-20 section must appear on the order.>
4-21 <(f) An order made under this section must be a separate
4-22 document entitled "PROTECTIVE ORDER.">
4-23 SECTION 7. Sections 71.01(b)(2), (4), (5), and (6), Family
4-24 Code, are amended to read as follows:
4-25 (2) "Family violence" means:
4-26 (A) an act by a member of a family or household
4-27 against another member of the family or household that is intended
5-1 to result in physical harm, bodily injury, <or> assault, or sexual
5-2 assault, or that is a threat that reasonably places the member in
5-3 fear of imminent physical harm, bodily injury, <or> assault, or
5-4 sexual assault <excluding the reasonable discipline of a child by a
5-5 person having that duty>; or
5-6 (B) abuse, as that term is defined by Sections
5-7 34.012(1)(C), (E), and (G) of this code, by a member of a family or
5-8 household toward a child of the family or household.
5-9 (4) <"Former member of a household" means a person who
5-10 previously lived in a household.>
5-11 <(5)> "Household" means a unit composed of persons
5-12 living together in the same dwelling, whether or not they are
5-13 related to each other.
5-14 (5) <(6)> "Member of a household" includes a person
5-15 who previously lived in <former member of> a household.
5-16 SECTION 8. Section 71.04(b), Family Code, is amended to read
5-17 as follows:
5-18 (b) An application may be filed by:
5-19 (1) an adult member of a family or household for the
5-20 protection of the applicant or for any other member of the family
5-21 or household;
5-22 (2) any adult for the protection of a child member of
5-23 a family or household; <or>
5-24 (3) any prosecuting attorney who represents the state
5-25 in a district or statutory county court in the county in which
5-26 venue of the application is proper for the protection of any person
5-27 alleged to be a victim of family violence; or
6-1 (4) the Department of Protective and Regulatory
6-2 Services for the protection of a member of a family or household.
6-3 SECTION 9. Chapter 71, Family Code, is amended by adding
6-4 Section 71.041 to read as follows:
6-5 Sec. 71.041. FEES AND COSTS. (a) An applicant for a
6-6 protective order may not be assessed a fee, cost, charge, or
6-7 expense by a clerk of the court or another public official in
6-8 connection with the filing, serving, or entering of the protective
6-9 order. A fee may not be charged to an applicant to dismiss,
6-10 modify, or withdraw a protective order.
6-11 (b) Except on a showing of indigency by the respondent, a
6-12 court shall require in a protective order that the respondent
6-13 against whom an order is rendered pay a protective order fee of
6-14 $16, standard fees charged by the clerk of the court as in a
6-15 general civil proceeding for the cost of service of the order,
6-16 costs of court, and all other fees, charges, or expenses incurred
6-17 in connection with the protective order.
6-18 (c) A respondent who is ordered to pay costs who does not
6-19 pay the costs before the 60th day after the date the order was
6-20 rendered may be punished for contempt of court as provided by
6-21 Section 21.002, Government Code.
6-22 (d) The court may assess a reasonable attorney's fee as
6-23 compensation for the services of a private or prosecuting attorney
6-24 or an attorney employed by the Department of Protective and
6-25 Regulatory Services representing an applicant against the party who
6-26 is found to have committed family violence. In setting the amount
6-27 of the fee, the court shall consider the income and ability to pay
7-1 of the person against whom the fee is assessed. The amount of fees
7-2 collected under this subsection as compensation for the fees of a
7-3 prosecuting attorney shall be paid to the credit of the county fund
7-4 from which the salaries of employees of the prosecuting attorney
7-5 are paid or supplemented. All other fees collected under this
7-6 subsection shall be deposited in the general revenue fund to the
7-7 credit of the Department of Protective and Regulatory Services.
7-8 SECTION 10. Sections 71.05(b)-(g), Family Code, are amended
7-9 to read as follows:
7-10 (b) <If an application requests a protective order for a
7-11 spouse and alleges that the other spouse has committed family
7-12 violence, the application must state that no suit for the
7-13 dissolution of the marriage of the spouses is pending.>
7-14 <(c)> If an applicant is a former spouse of an individual
7-15 alleged to have committed family violence:
7-16 (1) a copy of the decree dissolving the marriage must
7-17 be attached to the application; or
7-18 (2) the application must state that the decree is
7-19 unavailable to the applicant and that a copy of the decree will be
7-20 filed with the court before the hearing on the application.
7-21 (c) <(d)> If an application requests a protective order for
7-22 a child who is subject to the continuing jurisdiction of a court
7-23 under Subtitle A, Title 2, of this code or alleges that a child who
7-24 is subject to the continuing jurisdiction of a court under Subtitle
7-25 A, Title 2, of this code has committed family violence:
7-26 (1) a copy of the court orders affecting the
7-27 conservatorship, possession, and support of or the access to the
8-1 child must be filed with the application; or
8-2 (2) the application must state that the orders
8-3 affecting the child are unavailable to the applicant and that a
8-4 copy of the orders will be filed with the court before the hearing
8-5 on the application.
8-6 (d) <(e)> If the application requests the issuance of a
8-7 temporary ex parte order under Section 71.15 of this code, the
8-8 application must:
8-9 (1) contain a detailed description of the facts and
8-10 circumstances concerning the alleged family violence and the need
8-11 for immediate protective orders; and
8-12 (2) be signed by each applicant under an oath that the
8-13 facts and circumstances contained in the application are true to
8-14 the best knowledge and belief of each applicant.
8-15 (e) <(f)> If an application requests a protective order and
8-16 alleges that the respondent has violated a former protective order
8-17 protecting the applicant by committing an act prohibited by the
8-18 former order under Section 71.11(b) of this code and that the
8-19 former protective order has expired since the alleged violation
8-20 occurred, the application for the protective order must include:
8-21 (1) a copy of the former protective order attached to
8-22 the application or a statement that the order is unavailable to the
8-23 applicant and that a copy of the order will be filed with the court
8-24 before the hearing on the application;
8-25 (2) a description of the violation of the former
8-26 protective order; and
8-27 (3) a statement that the violation of the former order
9-1 described in the application has not been grounds for any other
9-2 order protecting the applicant that has been issued or requested
9-3 under this section.
9-4 (f) <(g)> The procedural requirements relating to a
9-5 protective order under this chapter, including the application
9-6 under Section 71.04 of this code and service under Section 71.07 of
9-7 this code, apply to a protective order under Subsection (e) <(f)>
9-8 of this section.
9-9 SECTION 11. Section 71.08, Family Code, is amended to read
9-10 as follows:
9-11 Sec. 71.08. Answer. A respondent <An individual> served
9-12 with notice of an application for a protective order may but is not
9-13 required to file a written answer to the application. The answer
9-14 may be filed at any time before the hearing.
9-15 SECTION 12. Sections 71.09(b), (c), and (e), Family Code,
9-16 are amended to read as follows:
9-17 (b) If a respondent <person> entitled to service of a notice
9-18 of application for a protective order receives the service within
9-19 48 hours before the time set for the hearing, the court, on a
9-20 request from the respondent <person>, shall reschedule the hearing
9-21 for a date not later than 14 days after the date set for the
9-22 hearing. The respondent <person> is not entitled to additional
9-23 service for the rescheduled hearing.
9-24 (c) If a hearing set under Subsection (a) of this section is
9-25 not held because of the failure of a respondent <party> to receive
9-26 service of a notice of application for a protective order, the
9-27 applicant may request the court to reschedule the hearing. Except
10-1 as provided by Subsection (d) of this section, the date for a
10-2 rescheduled hearing under this subsection must be not later than 14
10-3 days after the date on which the request is made.
10-4 (e) A court may issue an order relating to an application
10-5 for a protective order that is binding on a respondent <party> who
10-6 does not attend a hearing under this section if the absent
10-7 respondent <party> received notice of the application. This
10-8 subsection applies to a respondent <party> who receives notice
10-9 within 48 hours before the time set for a hearing if the respondent
10-10 <party> does not request that the hearing be rescheduled.
10-11 SECTION 13. Sections 71.11(a), (b), and (f)-(j), Family
10-12 Code, are amended to read as follows:
10-13 (a) In a protective order the court may:
10-14 (1) prohibit a party from:
10-15 (A) removing a child member of the family or
10-16 household from the possession of a person named in the court order
10-17 or from the jurisdiction of the court; or
10-18 (B) transferring, encumbering, or otherwise
10-19 disposing of property mutually owned or leased by the parties,
10-20 except when in the ordinary course of business;
10-21 (2) grant exclusive possession of a residence to a
10-22 party and, if appropriate, direct one or more other parties to
10-23 vacate the residence if:
10-24 (A) the residence is jointly owned or leased by
10-25 the party receiving exclusive possession and by some other party
10-26 denied possession;
10-27 (B) the residence is owned or leased by the
11-1 party retaining possession; or
11-2 (C) the residence is owned or leased by the
11-3 party denied possession but only if that party has an obligation to
11-4 support the party granted possession of the residence or a child of
11-5 the party granted possession;
11-6 (3) provide for possession of and access to a child of
11-7 a party if the person receiving possession of or access to the
11-8 child is a parent, as that term is defined by Section 11.01 of this
11-9 code, of the child;
11-10 (4) require the payment of support for a party or for
11-11 a child of a party if the person required to make the payment has
11-12 an obligation to support the other party or the child;
11-13 (5) require one or more parties to counsel with a
11-14 social worker, family service agency, physician, psychologist,
11-15 licensed marriage and family therapist, or licensed professional
11-16 counselor, or to complete a batterer's treatment program;
11-17 (6) award to a party use and possession of specified
11-18 property that is community property or jointly owned or leased; or
11-19 (7) prohibit a party from doing specified acts or
11-20 require the respondent <a party> to do specified acts necessary or
11-21 appropriate to prevent or reduce the likelihood of family violence.
11-22 (b) In a protective order the court may prohibit a party
11-23 from:
11-24 (1) committing family violence;
11-25 (2) communicating:
11-26 (A) directly with a member of the family or
11-27 household in a threatening or harassing manner;
12-1 (B) a threat through any person to a member of
12-2 the family or household; and
12-3 (C) on a finding of good cause, in any manner
12-4 with a member of the family or household except through the party's
12-5 attorney or a person appointed by the court;
12-6 (3) going to or near the residence or place of
12-7 employment or business of a member of the family or household;
12-8 <and>
12-9 (4) going to or near the residence, child care
12-10 facility, or school where a child protected under the order
12-11 normally resides or attends; and
12-12 (5) engaging in conduct directed specifically toward a
12-13 person who is a member of the family or household, including
12-14 following the person, that is reasonably likely to harass, annoy,
12-15 alarm, abuse, torment, or embarrass that person.
12-16 (f) <Except on a showing of indigency by a person against
12-17 whom a protective order is directed, the order shall require that
12-18 the person:>
12-19 <(1) pay the cost of service of the order, the actual
12-20 costs of court, the costs incurred by the clerk not paid by the
12-21 applicant pursuant to Section 71.07, Family Code, and any other
12-22 fees, charges, or expenses incurred in connection with the
12-23 protective order; and>
12-24 <(2) reimburse the applicant for any fees paid by the
12-25 applicant under this chapter by paying that amount to the clerk of
12-26 the court.>
12-27 <(g) The clerk of a court who receives money according to a
13-1 protective order from a person against whom the order is directed
13-2 shall reimburse the applicant for any fees paid by the applicant
13-3 under this chapter.>
13-4 <(h) A person who is ordered to pay costs or reimburse an
13-5 applicant under Subsection (f) of this section who does not pay the
13-6 costs or reimburse the applicant before the 60th day after the date
13-7 the order was rendered may be punished for contempt of court by a
13-8 fine in an amount not to exceed $500, or by confinement in jail for
13-9 a term not to exceed six months, or both.>
13-10 <(i)> A respondent <party> for whom counseling or a
13-11 batterer's treatment program is ordered under Subsection (a)(5) of
13-12 this section and who does not provide to the court before the 60th
13-13 day after the date the order was rendered an affidavit that the
13-14 respondent <party> has started the counseling or the program or
13-15 that the counseling or the program is not available within a
13-16 reasonable distance of the respondent's <party's> residence may be
13-17 punished for contempt of court as provided by Section 21.002,
13-18 Government Code <by a fine in an amount not to exceed $500, or by
13-19 confinement in jail for a term not to exceed six months, or both>.
13-20 The order shall specifically advise the respondent <party> of this
13-21 requirement and the possible punishment for failure to comply.
13-22 <(j) Any interested person may contest an affidavit of
13-23 indigency filed under Subsection (f) of this section.>
13-24 SECTION 14. Sections 71.12(c) and (d), Family Code, are
13-25 amended to read as follows:
13-26 (c) If all or part of an agreement under Subsection (a) or
13-27 (b) of this section is approved by the court, the part of the
14-1 agreement approved shall be attached to the protective order and
14-2 become a part of the order of the court.
14-3 (d) <If all or part of an agreement by the respondent under
14-4 Subsection (b) of this section is approved by the court, the part
14-5 of the agreement approved shall be attached to the protective order
14-6 and become a part of the order of the court. The court may approve
14-7 an agreement or part of an agreement under this subsection only if
14-8 the agreement requires the respondent to do or refrain from doing
14-9 an act under Section 71.11(b) of this code.> The court may not
14-10 approve an agreement or part of an agreement <under this
14-11 subsection> that requires the applicant to do or refrain from doing
14-12 an act under Section 71.11(b) of this code even if the applicant
14-13 consents in the agreement to do or refrain from doing the act.
14-14 SECTION 15. Section 71.121, Family Code, is amended to read
14-15 as follows:
14-16 Sec. 71.121. Request by Respondent for Protective Order.
14-17 (a) <A court may not enter a single protective order that applies
14-18 to both the respondent and the applicant unless the order embodies
14-19 an agreement of the parties under Section 71.12(a) of this code.>
14-20 <(b)> To apply for a protective order against an applicant,
14-21 a respondent must file a separate application under this chapter.
14-22 (b) <(c)> A court may not delay a hearing on an applicant's
14-23 application for a protective order beyond the time provided by
14-24 Section 71.09 of this code in order to consolidate it with a
14-25 hearing on a subsequently filed <respondent's> application for a
14-26 protective order <against the applicant>.
14-27 (c) A court may not enter a protective order that requires
15-1 both the respondent and the applicant to do or refrain from doing
15-2 an act under Section 71.11(b).
15-3 (d) A protective order that requires the first applicant to
15-4 do or refrain from doing an act under Section 71.11(b) shall
15-5 include a finding that the first applicant has committed family
15-6 violence and is likely to commit family violence in the future.
15-7 (e) A court that enters separate protective orders under
15-8 this section that apply to both parties and require both parties to
15-9 do or refrain from doing an act under Section 71.11(b) shall issue
15-10 two distinct and independent protective orders that reflect the
15-11 appropriate conditions for each of the parties.
15-12 (f) A court that enters protective orders under this section
15-13 that apply to both the respondent and the applicant and that
15-14 require the respondent to do or refrain from doing an act under
15-15 Section 71.11(b) shall issue the protective orders in two separate
15-16 documents. The court shall provide one of the documents to the
15-17 applicant and the other to the respondent.
15-18 SECTION 16. Section 71.14, Family Code, is amended by adding
15-19 Subsection (c) to read as follows:
15-20 (c) Notice of a motion to modify under this section is
15-21 sufficient if delivery of the motion is attempted on the
15-22 respondent's last known address by registered or certified mail as
15-23 provided by Rule 21a, Texas Rules of Civil Procedure.
15-24 SECTION 17. Sections 71.15(h), (i), and (j), Family Code,
15-25 are amended to read as follows:
15-26 (h) In order for an ex parte order excluding a person from
15-27 the person's residence to be granted, the court must find from the
16-1 required affidavit and testimony that:
16-2 (1) the applicant requesting the exclusion order
16-3 either resides on the premises or has resided there within 30 days
16-4 before the filing of the application;
16-5 (2) the person to be excluded has within the 30-day
16-6 period preceding the filing of the application committed family
16-7 violence against a member of the household; and
16-8 (3) there is a clear and present danger that the
16-9 person to be excluded is likely to commit family violence against a
16-10 member of the household <in the foreseeable future>.
16-11 (i) <On the request of a person obtaining an order that
16-12 excludes another person from the other person's residence, the
16-13 court that granted the order may order the sheriff or chief of
16-14 police to provide a law enforcement officer from the department of
16-15 the sheriff or the chief of police:>
16-16 <(1) to accompany the person obtaining the order to
16-17 the residence covered by the order;>
16-18 <(2) to protect the person obtaining the order while
16-19 the person takes possession of the residence; and>
16-20 <(3) if the person obtaining the order is unable to
16-21 take possession of the residence because the person being excluded
16-22 occupies the residence, to inform the person being excluded that
16-23 the court has ordered the person excluded from the residence.>
16-24 <(j)> The court may stop the hearing to contact the
16-25 respondent by telephone and provide the respondent an opportunity
16-26 to be present when the court resumes the hearing. Without regard
16-27 to whether the respondent is able to be present at the hearing, the
17-1 court shall resume the hearing before the end of the working day.
17-2 SECTION 18. Section 71.17, Family Code, is amended to read
17-3 as follows:
17-4 Sec. 71.17. COPIES OF ORDERS. (a) A protective order made
17-5 under this chapter shall be delivered to the respondent <person to
17-6 whom the order applies in open court at the close of the hearing,
17-7 or served by registered or certified mail,> in accordance with Rule
17-8 21a, Texas Rules of Civil Procedure, <or> served in the same manner
17-9 as a writ of injunction, or served in open court at the close of
17-10 the hearing as provided by Subsections (b)-(d).
17-11 (b) If the order is served in open court, the order shall be
17-12 served as provided by this subsection. If the respondent is
17-13 present at the hearing and the order has been reduced to writing,
17-14 the judge or master shall sign the order and give a copy of the
17-15 order to the respondent. A certified copy of the signed order
17-16 shall be given to the applicant at the time the order is given to
17-17 the respondent. If the applicant is not in court at the conclusion
17-18 of the hearing, the clerk of the court shall mail a certified copy
17-19 of the order to the applicant not later than the third business day
17-20 after the date the hearing is concluded.
17-21 (c) If the respondent is present at the hearing but the
17-22 order has not been reduced to writing, the judge or master shall
17-23 give notice orally to the respondent of the part of the order that
17-24 contains prohibitions under Section 71.11(b) or any other part of
17-25 the order that contains provisions necessary to prevent further
17-26 family violence. The clerk of the court shall mail a copy of the
17-27 order to the respondent and a certified copy of the order to the
18-1 applicant not later than the third business day after the date the
18-2 hearing is concluded.
18-3 (d) If the respondent is not present at the hearing and the
18-4 order has been reduced to writing at the conclusion of the hearing,
18-5 the clerk of the court shall immediately provide a certified copy
18-6 of the order to the applicant and mail a copy of the order to the
18-7 respondent not later than the third business day after the date the
18-8 hearing is concluded.
18-9 (e) <(b)> The clerk of the court issuing an original or
18-10 modified protective order under this chapter shall send a copy of
18-11 the order to the chief of police of the city where the member of
18-12 the family or household protected by the order resides, if the
18-13 person resides in a city, or to the sheriff of the county where the
18-14 person resides, if the person does not reside in a city.
18-15 (f) <(c)> If a protective order made under this chapter
18-16 prohibits a respondent <person> from going to or near a child care
18-17 facility or school under Section 71.11(b) of this code, the clerk
18-18 of the court <party requesting the order> shall send a copy of the
18-19 order to the child care facility or school.
18-20 (g) <(d)> The clerk of a court vacating an original or
18-21 modified protective order under this chapter shall notify the chief
18-22 of police or sheriff who received a copy of the original or
18-23 modified order that the order is vacated.
18-24 SECTION 19. Section 71.18, Family Code, is amended by adding
18-25 Subsections (c) and (d) to read as follows:
18-26 (c) On the request of an applicant obtaining a temporary
18-27 order that excludes the respondent from the respondent's residence,
19-1 the court that granted the temporary order shall provide a written
19-2 order to the sheriff or chief of police to provide a law
19-3 enforcement officer from the department of the sheriff or chief of
19-4 police:
19-5 (1) to accompany the applicant to the residence
19-6 covered by the order;
19-7 (2) to inform the respondent that the court has
19-8 ordered that the respondent be excluded from the residence;
19-9 (3) to protect the applicant while the applicant takes
19-10 possession of the residence; and
19-11 (4) if the respondent refuses to vacate the residence,
19-12 to protect the applicant while the applicant takes possession of
19-13 the applicant's necessary personal property.
19-14 (d) On the request of an applicant obtaining a final order
19-15 that excludes the respondent from the respondent's residence, the
19-16 court that granted the final order shall provide a written order to
19-17 the sheriff or chief of police to provide a law enforcement officer
19-18 from the department of the sheriff or chief of police:
19-19 (1) to accompany the applicant to the residence
19-20 covered by the order;
19-21 (2) to inform the respondent that the court has
19-22 ordered that the respondent be excluded from the residence;
19-23 (3) to protect the applicant while the applicant takes
19-24 possession of the residence and the respondent takes possession of
19-25 the respondent's necessary personal property; and
19-26 (4) if the respondent refuses to vacate the residence:
19-27 (A) to remove the respondent from the residence;
20-1 and
20-2 (B) to arrest the respondent for violating the
20-3 court order.
20-4 SECTION 20. Section 118.131, Local Government Code, is
20-5 amended by adding Subsection (i) to read as follows:
20-6 (i) The commissioners court may not assess an applicant a
20-7 fee in connection with the filing, serving, or entering of a
20-8 protective order. A fee may not be charged to an applicant to
20-9 dismiss, modify, or withdraw a protective order.
20-10 SECTION 21. Section 51.303, Government Code, is amended by
20-11 adding Subsection (f) to read as follows:
20-12 (f) In addition to the other powers and duties of this
20-13 section, a district clerk shall accept applications for protective
20-14 orders under Chapter 71, Family Code.
20-15 SECTION 22. Section 51.402, Government Code, is amended by
20-16 adding Subsection (d) to read as follows:
20-17 (d) In addition to the other powers and duties of this
20-18 section, a county clerk that serves as the clerk for a court having
20-19 jurisdiction of applications for protective orders under Chapter
20-20 71, Family Code, shall accept those applications.
20-21 SECTION 23. Subtitle E, Title 2, Human Resources Code, is
20-22 amended by adding Chapter 54 to read as follows:
20-23 CHAPTER 54. PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF PROTECTIVE
20-24 AND REGULATORY SERVICES
20-25 Sec. 54.001. PROTECTIVE ORDERS. The Department of
20-26 Protective and Regulatory Services shall adopt rules to provide
20-27 procedures for the filing of protective orders for the protection
21-1 of a member of a family or household as provided by Section 71.04,
21-2 Family Code.
21-3 Sec. 54.002. NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
21-4 MEMBER. The Department of Protective and Regulatory Services shall
21-5 provide prior notice to a nonabusive parent or adult member of a
21-6 household of the department's intent to file an application for a
21-7 protective order for a child or older person and shall request the
21-8 assistance of the person receiving the notice in developing a
21-9 safety plan for household members and the child or older person for
21-10 whom the order is sought. The department shall exercise reasonable
21-11 safety precautions to protect the nonabusive parent or other
21-12 members of the household while providing notice or requesting their
21-13 assistance.
21-14 SECTION 24. Section 25.07(a), Penal Code, is amended to read
21-15 as follows:
21-16 (a) A person commits an offense if, in violation of an order
21-17 issued under Section 3.581, Section 71.11, or Section 71.12, Family
21-18 Code, the person knowingly or intentionally:
21-19 (1) commits family violence;
21-20 (2) <directly> communicates:
21-21 (A) directly with a member of the family or
21-22 household in a threatening or harassing manner;
21-23 (B) <, communicates> a threat through any person
21-24 to a member of the family or household;<,> and
21-25 (C) <, if the order prohibits any communication
21-26 with a member of the family or household, communicates> in any
21-27 manner with the member of the family or household except through
22-1 the person's attorney or a person appointed by the court, if the
22-2 order prohibits any communication with a member of the family or
22-3 household; <or>
22-4 (3) goes to or near any of the following places as
22-5 specifically described in the protective order:
22-6 (A) the residence or place of employment or
22-7 business of a member of the family or household; or
22-8 (B) any child care facility, residence, or
22-9 school where a child protected by the protective order normally
22-10 resides or attends; or
22-11 (4) engages in conduct directed specifically toward a
22-12 person who is a member of the family or household, including
22-13 following the person, that is reasonably likely to harass, annoy,
22-14 alarm, abuse, torment, or embarrass that person.
22-15 SECTION 25. Article 5.04(c), Code of Criminal Procedure, is
22-16 amended to read as follows:
22-17 (c) A written notice required by Subsection (b) of this
22-18 article is sufficient if it is in substantially the following form
22-19 with the required information in English and in Spanish inserted in
22-20 the notice:
22-21 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
22-22 "It is a crime for any person to cause you any physical
22-23 injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
22-24 YOUR FAMILY OR HOUSEHOLD.
22-25 "Please tell the investigating peace officer:
22-26 "IF you, your child, or any other household resident has been
22-27 injured; or
23-1 "IF you feel you are going to be in danger when the officer
23-2 leaves or later.
23-3 "You have the right to:
23-4 "ASK the local prosecutor to file a criminal complaint
23-5 against the person committing family violence; and
23-6 "APPLY to a court for an order to protect you (you should
23-7 consult a legal aid office, a prosecuting attorney, or a private
23-8 attorney). You cannot be charged a fee by a court in connection
23-9 with filing, serving, or entering a protective order. For example,
23-10 the court can enter an order that:
23-11 "(1) the abuser not commit further acts of violence;
23-12 "(2) the abuser not threaten, harass, or contact you
23-13 at home;
23-14 "(3) directs the abuser to leave your household; and
23-15 "(4) establishes temporary custody of the children and
23-16 directs the abuser not to interfere with the children or any
23-17 property.
23-18 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
23-19 PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
23-20 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
23-21 IF YOU NEED PROTECTION:
23-22 "____________________________
23-23 "____________________________."
23-24 SECTION 26. Chapter 72, Family Code, is repealed.
23-25 SECTION 27. Sections 3.582, 3.583, 71.04(d), (e), and (f),
23-26 71.07(i), and 71.13(b) and (c), Family Code, are repealed.
23-27 SECTION 28. The change in law made by Sections 1 through 4
24-1 of this Act applies to a pending application for a protective order
24-2 regardless of whether the application is filed before, on, or after
24-3 the effective date of this Act.
24-4 SECTION 29. (a) The change in law made by Sections 5
24-5 through 25 of this Act applies only to an application for a
24-6 protective order made on or after the effective date of this Act.
24-7 An application for a protective order made before the effective
24-8 date of this Act is governed by the law in effect at the time the
24-9 application was made, and the former law is continued in effect for
24-10 that purpose.
24-11 (b) The change in law made by Sections 5 through 25 of this
24-12 Act applies only to an offense committed on or after the effective
24-13 date of this Act. For purposes of this section, an offense is
24-14 committed before the effective date of this Act if any element of
24-15 the offense occurs before that date.
24-16 (c) An offense committed before the effective date of this
24-17 Act is covered by the law in effect when the offense was committed,
24-18 and the former law is continued in effect for that purpose.
24-19 SECTION 30. This Act takes effect September 1, 1995.
24-20 SECTION 31. The importance of this legislation and the
24-21 crowded condition of the calendars in both houses create an
24-22 emergency and an imperative public necessity that the
24-23 constitutional rule requiring bills to be read on three several
24-24 days in each house be suspended, and this rule is hereby suspended.