By Goodman, Thompson, Combs H.B. No. 418
74R1323 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protection of the family.
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 protective order in
2-10 response to an application filed with that court or has denied the
2-11 application on its merits. On rendition of a temporary protective
2-12 order or denial of an application for a protective order by the
2-13 court hearing the suit for dissolution, a court may dismiss an
2-14 application filed under this chapter <by a party to a pending suit
2-15 for dissolution of marriage and shall advise the applicant that the
2-16 applicant may file an application under Section 3.581 of this
2-17 code>.
2-18 (c) A protective order rendered under this chapter is valid
2-19 and enforceable, pending further action by the court that rendered
2-20 the order, until it is properly superseded by another court with
2-21 jurisdiction over the order.
2-22 SECTION 4. Section 71.16(b), Family Code, is amended to read
2-23 as follows:
2-24 (b) Each protective order issued under this chapter, except
2-25 a temporary ex parte order, shall have the following statement
2-26 printed in bold-faced type or in capital letters:
2-27 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-1 BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
3-2 $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
3-3 ONE YEAR <10 YEARS>, OR BOTH. <FURTHER VIOLATIONS OF THIS ORDER
3-4 MAY BE PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99
3-5 YEARS.> AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED
3-6 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-7 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-8 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
3-9 SECTION 5. Chapter 72, Family Code, is repealed.
3-10 SECTION 6. The change in law made by this Act applies to a
3-11 pending application for a protective order regardless of whether
3-12 the application is filed before, on, or after the effective date of
3-13 this Act.
3-14 SECTION 7. This Act takes effect September 1, 1995.
3-15 SECTION 8. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
3-20 COMMITTEE AMENDMENT NO. 1
3-21 Amend H.B. 418 as follows:
3-22 (1) On page 2, line 9, strike "temporary protective order"
3-23 and replace it with the following: "a temporary order, including a
3-24 protective order, on behalf of the Applicant under this Chapter,"
3-25 (2) On page 2, lines 11 through 12, strike "temporary
3-26 protective order" and replace it with the following: "a temporary
3-27 order, including a protective order, on behalf of the Applicant
4-1 under this Chapter,"
4-2 Van de Putte