By Goodman, Thompson                                   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.