1-1  By:  Goodman, Thompson, Combs                          H.B. No. 418
    1-2       (Senate Sponsor - Harris)
    1-3        (In the Senate - Received from the House May 4, 1995;
    1-4  May 5, 1995, read first time and referred to Committee on
    1-5  Jurisprudence; May 17, 1995, reported adversely, with favorable
    1-6  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-7  May 17, 1995, sent to printer.)
    1-8  COMMITTEE SUBSTITUTE FOR H.B. No. 418                   By:  Harris
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to protective orders for family violence; providing
   1-12  penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subchapter C, Chapter 3, Family Code, is amended
   1-15  by adding Section 3.522 to read as follows:
   1-16        Sec. 3.522.  PROTECTIVE ORDERS.  (a)  The petition in a suit
   1-17  for divorce or annulment must state whether a protective order
   1-18  under Chapter 71 or Section 3.581 is in effect or if an application
   1-19  for a protective order is pending with regard to the parties to the
   1-20  suit.
   1-21        (b)  The petitioner in a suit for divorce or annulment shall
   1-22  attach to the petition a copy of each protective order issued under
   1-23  Chapter 71 or Section 3.581 in which one of the parties to the suit
   1-24  was the applicant and the other party was the respondent without
   1-25  regard to the date on which the order was entered.  If a copy of
   1-26  the protective order is not available at the time of filing, the
   1-27  petition must state that a copy of the order will be filed with the
   1-28  court before any hearing.
   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, or on the application of a prosecuting attorney, the court
   1-34  may issue a protective order as provided by Chapter 71 <Sections
   1-35  71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b) and (c), 71.111,
   1-36  71.14, and 71.16 of this code>.
   1-37        <(b)  An order may be made under this section only after
   1-38  notice to the party alleged to have committed family violence and a
   1-39  hearing.>
   1-40        <(c)  An order made under this section is valid for one year
   1-41  or the earliest of:>
   1-42              <(1)  the end of a period of less than one year
   1-43  specified in the order by the court;>
   1-44              <(2)  the date the order is vacated by the court; or>
   1-45              <(3)  the date the suit is dismissed.>
   1-46        <(d)  A spouse who has applied for a protective order under
   1-47  this section is entitled to a temporary ex parte order directed
   1-48  against the other spouse for the relief provided by and under the
   1-49  conditions established in Section 71.15 of this code.>
   1-50        <(e)  The date of expiration of an order made under this
   1-51  section must appear on the order.>
   1-52        <(f)  An order made under this section must be a separate
   1-53  document entitled "PROTECTIVE ORDER.">
   1-54        SECTION 3.  Sections 71.01(b)(1), (2), (4), (5), and (6),
   1-55  Family Code, are amended to read as follows:
   1-56              (1)  "Court" means the district court, court of
   1-57  domestic relations, juvenile court having the jurisdiction of a
   1-58  district court, or other court expressly given jurisdiction of a
   1-59  suit under this subtitle or a statutory county court.
   1-60              (2)  "Family violence" means:
   1-61                    (A)  an act by a member of a family or household
   1-62  against another member of the family or household that is intended
   1-63  to result in physical harm, bodily injury, <or> assault, or sexual
   1-64  assault or that is a threat that reasonably places the member in
   1-65  fear of imminent physical harm, bodily injury, <or> assault, or
   1-66  sexual assault, but does not include defensive measures to protect
   1-67  oneself <excluding the reasonable discipline of a child by a person
   1-68  having that duty>; or
    2-1                    (B)  abuse, as that term is defined by Sections
    2-2  34.012(1)(C), (E), and (G) of this code, by a member of a family or
    2-3  household toward a child of the family or household.
    2-4              (4)  <"Former member of a household" means a person who
    2-5  previously lived in a household.>
    2-6              <(5)>  "Household" means a unit composed of persons
    2-7  living together in the same dwelling, whether or not they are
    2-8  related to each other.
    2-9              (5) <(6)>  "Member of a household" includes a person
   2-10  who previously lived in <former member of> a household.
   2-11        SECTION 4.  Section 71.04(b), Family Code, is amended to read
   2-12  as follows:
   2-13        (b)  An application may be filed by:
   2-14              (1)  an adult member of a family or household for the
   2-15  protection of the applicant or for any other member of the family
   2-16  or household;
   2-17              (2)  any adult for the protection of a child member of
   2-18  a family or household; <or>
   2-19              (3)  any prosecuting attorney who represents the state
   2-20  in a district or statutory county court in the county in which
   2-21  venue of the application is proper for the protection of any person
   2-22  alleged to be a victim of family violence; or
   2-23              (4)  the Department of Protective and Regulatory
   2-24  Services for the protection of a member of a family or household.
   2-25        SECTION 5.  Section 71.04(c), Family Code, is amended to read
   2-26  as follows:
   2-27        (c)  The county attorney or the criminal district attorney is
   2-28  the prosecuting attorney responsible for filing applications under
   2-29  this chapter unless the<.  The> district attorney assumes <may
   2-30  assume> the responsibility by giving notice of that assumption to
   2-31  the county attorney.  The prosecuting attorney responsible for
   2-32  filing an application under this chapter shall provide notice of
   2-33  that responsibility to all law enforcement agencies within the
   2-34  jurisdiction of the prosecuting attorney.  The application is to be
   2-35  filed as provided by Article 5.06, Code of Criminal Procedure.
   2-36        SECTION 6.  Chapter 71, Family Code, is amended by adding
   2-37  Section 71.041 to read as follows:
   2-38        Sec. 71.041.  FEES AND COSTS.  (a)  An applicant for a
   2-39  protective order may not be assessed any fee, cost, charge, or
   2-40  expense by a clerk of the court or another public official in
   2-41  connection with the filing, serving, or entering of the protective
   2-42  order.  A fee may not be charged to an applicant to dismiss,
   2-43  modify, or withdraw a protective order.
   2-44        (b)  Except on a showing of indigency by the respondent, a
   2-45  court shall require in a protective order that the respondent
   2-46  against whom an order is rendered pay the protective order fee of
   2-47  $16, the standard fees charged by the clerk of the court as in a
   2-48  general civil proceeding for the cost of service of the order, the
   2-49  costs of court, and all other fees, charges, or expenses incurred
   2-50  in connection with the protective order.
   2-51        (c)  A respondent who is ordered to pay costs who does not
   2-52  pay the costs before the 60th day after the date the order was
   2-53  rendered may be punished for contempt of court as provided by
   2-54  Section 21.002, Government Code.
   2-55        (d)  The court may assess a reasonable attorney's fee as
   2-56  compensation for the services of a private or prosecuting attorney
   2-57  or an attorney employed by the Department of Protective and
   2-58  Regulatory Services representing an applicant against the party who
   2-59  is found to have committed family violence.  In setting the amount
   2-60  of the fee, the court shall consider the income and ability to pay
   2-61  of the person against whom the fee is assessed.  The amount of fees
   2-62  collected under this subsection as compensation for the fees of a
   2-63  prosecuting attorney shall be paid to the credit of the county fund
   2-64  from which the salaries of employees of the prosecuting attorney
   2-65  are paid or supplemented and the fees collected under this
   2-66  subsection as compensation for an attorney employed by the
   2-67  Department of Protective and Regulatory Services shall be deposited
   2-68  in the general revenue fund to the credit of the Department of
   2-69  Protective and Regulatory Services.  The fees collected under this
   2-70  subsection as compensation for a private attorney shall be paid to
    3-1  the private attorney, who may enforce the order in the attorney's
    3-2  own name.
    3-3        SECTION 7.  Sections 71.05(b)-(g), Family Code, are amended
    3-4  to read as follows:
    3-5        (b)  <If an application requests a protective order for a
    3-6  spouse and alleges that the other spouse has committed family
    3-7  violence, the application must state that no suit for the
    3-8  dissolution of the marriage of the spouses is pending.>
    3-9        <(c)>  If an applicant is a former spouse of an individual
   3-10  alleged to have committed family violence:
   3-11              (1)  a copy of the decree dissolving the marriage must
   3-12  be attached to the application; or
   3-13              (2)  the application must state that the decree is
   3-14  unavailable to the applicant and that a copy of the decree will be
   3-15  filed with the court before the  hearing on the application.
   3-16        (c) <(d)>  If an application requests a protective order for
   3-17  a child who is subject to the continuing jurisdiction of a court
   3-18  under Subtitle A, Title 2, of this code or alleges that a child who
   3-19  is subject to the continuing jurisdiction of a court under Subtitle
   3-20  A, Title 2, of this code has committed family violence:
   3-21              (1)  a copy of the court orders affecting the
   3-22  conservatorship, possession, and support of or the access to the
   3-23  child must be filed with the application; or
   3-24              (2)  the application must state that the orders
   3-25  affecting the child are unavailable to the applicant and that a
   3-26  copy of the orders will be filed with the court before the hearing
   3-27  on the application.
   3-28        (d) <(e)>  If the application requests the issuance of a
   3-29  temporary ex parte order under Section 71.15 of this code, the
   3-30  application must:
   3-31              (1)  contain a detailed description of the facts and
   3-32  circumstances concerning the alleged family violence and the need
   3-33  for immediate protective orders; and
   3-34              (2)  be signed by each applicant under an oath that the
   3-35  facts and circumstances contained in the application are true to
   3-36  the best knowledge and belief of each applicant.
   3-37        (e) <(f)>  If an application requests a protective order and
   3-38  alleges that the respondent has violated a former protective order
   3-39  protecting the applicant by committing an act prohibited by the
   3-40  former order under Section 71.11(b) of this code and that the
   3-41  former protective order has expired since the alleged violation
   3-42  occurred, the application for the protective order must include:
   3-43              (1)  a copy of the former protective order attached to
   3-44  the application or a statement that the order is unavailable to the
   3-45  applicant and that a copy of the order will be filed with the court
   3-46  before the hearing on the application;
   3-47              (2)  a description of the violation of the former
   3-48  protective order; and
   3-49              (3)  a statement that the violation of the former order
   3-50  described in the application has not been grounds for any other
   3-51  order protecting the applicant that has been issued or requested
   3-52  under this section.
   3-53        (f) <(g)>  The procedural requirements relating to a
   3-54  protective order under this chapter, including the application
   3-55  under Section 71.04 of this code and service under Section 71.07 of
   3-56  this code, apply to a protective order under Subsection (e) <(f)>
   3-57  of this section.
   3-58        SECTION 8.  Section 71.06, Family Code, is amended to read as
   3-59  follows:
   3-60        Sec. 71.06.  APPLICATION FILED DURING SUIT FOR DISSOLUTION OF
   3-61  MARRIAGE.  (a)  A person who is a party to a pending suit for the
   3-62  dissolution of a marriage and who wishes to apply for a protective
   3-63  order involving the relationship between the spouses or their
   3-64  respective rights, duties, or powers may <must> file an application
   3-65  for the order under Section 3.581 as a motion in the suit or as a
   3-66  separate application under this chapter <Section 3.581 of this
   3-67  code>.
   3-68        (b)  An applicant denied a protective order filed as a motion
   3-69  in a suit for dissolution of a marriage may not apply for a
   3-70  protective order in another court based on the identical facts as
    4-1  the previous application.
    4-2        (c)  The requirements of service of notice under Section
    4-3  71.07 do not apply if the application is filed as a motion in a
    4-4  suit for the dissolution of a marriage.  Notice is given in the
    4-5  same manner as in any other motion in a suit for the dissolution of
    4-6  a marriage.
    4-7        (d)  A protective order entered as an order in a suit for
    4-8  dissolution of a marriage must be in a document separate from other
    4-9  orders or temporary orders and shall be entitled "PROTECTIVE
   4-10  ORDER."
   4-11        (e)  Immediately after entry of a protective order filed as a
   4-12  separate application under this chapter by a party to a pending
   4-13  suit for the dissolution of a marriage or a prosecuting attorney,
   4-14  the court that rendered the order shall transfer the proceeding in
   4-15  accordance with procedures provided by Chapter 155:
   4-16              (1)  to the court of continuing, exclusive
   4-17  jurisdiction; or
   4-18              (2)  if there is no court of continuing jurisdiction,
   4-19  to the court having venue of the suit for the dissolution of the
   4-20  marriage.
   4-21        (f)  An order issued under this chapter is valid and
   4-22  enforceable until properly superseded by a court with jurisdiction
   4-23  to do so.  A court to which a proceeding has been transferred under
   4-24  Subsection (e) may enforce an order rendered under this chapter in
   4-25  the manner provided by this chapter.
   4-26        <(b)  A court shall dismiss an application filed under this
   4-27  chapter by a party to a pending suit for dissolution of marriage
   4-28  and shall advise the applicant that the applicant may file an
   4-29  application under Section 3.581 of this code.>
   4-30        SECTION 9.  Section 71.08, Family Code, is amended to read as
   4-31  follows:
   4-32        Sec. 71.08.  ANSWER.  A respondent <An individual> served
   4-33  with notice of an application for a protective order may but is not
   4-34  required to file a written answer to the application.  The answer
   4-35  may be filed at any time before the hearing.
   4-36        SECTION 10.  Sections 71.09(b), (c), and (e), Family Code,
   4-37  are amended to read as follows:
   4-38        (b)  If a respondent <person> entitled to service of a notice
   4-39  of application for a protective order receives the service within
   4-40  48 hours before the time set for the hearing, the court, on a
   4-41  request from the respondent <person>, shall reschedule the hearing
   4-42  for a date not later than 14 days after the date set for the
   4-43  hearing.  The respondent <person> is not entitled to additional
   4-44  service for the rescheduled hearing.
   4-45        (c)  If a hearing set under Subsection (a) of this section is
   4-46  not held because of the failure of a respondent <party> to receive
   4-47  service of a notice of application for a protective order, the
   4-48  applicant may request the court to reschedule the hearing.  Except
   4-49  as provided by Subsection (d) of this section, the date for a
   4-50  rescheduled hearing under this subsection must be not later than 14
   4-51  days after the date on which the request is made.
   4-52        (e)  A court may issue an order relating to an application
   4-53  for a protective order that is binding on a respondent <party> who
   4-54  does not attend a hearing under this section if the absent
   4-55  respondent <party> received notice of the application.  This
   4-56  subsection applies to a respondent <party> who receives notice
   4-57  within 48 hours before the time set for a hearing if the respondent
   4-58  <party> does not request that the hearing be rescheduled.
   4-59        SECTION 11.  Section 71.10, Family Code, is amended to read
   4-60  as follows:
   4-61        Sec. 71.10.  FINDINGS AND ORDERS.  (a)  At the close of a
   4-62  hearing on an application, the court shall find whether or not
   4-63  family violence has occurred and whether or not family violence is
   4-64  likely to occur again in the <foreseeable> future.
   4-65        (b)  If the court finds that family violence has occurred and
   4-66  that family violence is likely to occur again in the <foreseeable>
   4-67  future, the court shall issue a <may make any> protective order
   4-68  under Section 71.11(b) applying only to a person found to have
   4-69  committed family violence and may enter a protective order
   4-70  authorized under Section 71.11(a) applying to both parties <by this
    5-1  chapter> that is in the best interest of the family or household,
    5-2  or a member of the family or household.
    5-3        (c)  If the court finds that a respondent <person> violated a
    5-4  former protective order made under this chapter by committing an
    5-5  act prohibited by the former order under Section 71.11(b) of this
    5-6  code while the former order was in effect and that the former order
    5-7  is not currently in effect, the court, without finding whether
    5-8  family violence has occurred or whether family violence is likely
    5-9  to occur again in the <foreseeable> future, shall issue a
   5-10  protective order under Section 71.11(b) applying only to the
   5-11  respondent and may enter a protective order authorized under
   5-12  Section 71.11(a) applying to both the respondent and the applicant
   5-13  that is in the best interest of the applicant, the family or
   5-14  household, or a member of the family or household.
   5-15        (d)  If the court approves an agreement between the parties
   5-16  as authorized under Section 71.12, the court shall issue a
   5-17  protective order under this section that is in the best interest of
   5-18  the applicant, the family or household, or a member of the family
   5-19  or household.  <A protective order may apply only to a party to the
   5-20  proceeding who:>
   5-21              <(1)  the court finds has committed family violence and
   5-22  is likely to commit family violence in the foreseeable future;>
   5-23              <(2)  the court finds has violated a former protective
   5-24  order;>
   5-25              <(3)  has agreed to the order under Section 71.12(a) of
   5-26  this code; or>
   5-27              <(4)  is a respondent and has agreed to the order under
   5-28  Section 71.12(b) of this code.>
   5-29        SECTION 12.  Sections 71.11(a), (b), and (e)-(j), Family
   5-30  Code, are amended to read as follows:
   5-31        (a)  In a protective order the court may:
   5-32              (1)  prohibit a party from:
   5-33                    (A)  removing a child member of the family or
   5-34  household from the possession of a person named in the court order
   5-35  or from the jurisdiction of the court; or
   5-36                    (B)  transferring, encumbering, or otherwise
   5-37  disposing of property mutually owned or leased by the parties,
   5-38  except when in the ordinary course of business;
   5-39              (2)  grant exclusive possession of a residence to a
   5-40  party and, if appropriate, direct one or more other parties to
   5-41  vacate the residence if:
   5-42                    (A)  the residence is jointly owned or leased by
   5-43  the party receiving exclusive possession and by some other party
   5-44  denied possession;
   5-45                    (B)  the residence is owned or leased by the
   5-46  party retaining possession; or
   5-47                    (C)  the residence is owned or leased by the
   5-48  party denied possession but only if that party has an obligation to
   5-49  support the party granted possession of the residence or a child of
   5-50  the party granted possession;
   5-51              (3)  provide for possession of and access to a child of
   5-52  a party if the person receiving possession of or access to the
   5-53  child is a parent, as that term is defined by Section 11.01 of this
   5-54  code, of the child;
   5-55              (4)  require the payment of support for a party or for
   5-56  a child of a party if the person required to make the payment has
   5-57  an obligation to support the other party or the child;
   5-58              (5)  require the person found to have committed family
   5-59  violence to complete a batterer's treatment program if a program is
   5-60  available or if a program is not available <one or more parties> to
   5-61  counsel with a social worker, family service agency, physician,
   5-62  psychologist, licensed therapist, or licensed professional
   5-63  counselor<, or to complete a batterer's treatment program>;
   5-64              (6)  award to a party use and possession of specified
   5-65  property that is community property or jointly owned or leased; or
   5-66              (7)  prohibit the person found to have committed family
   5-67  violence <a party> from doing specified acts or require the person
   5-68  found to have committed family violence <a party> to do specified
   5-69  acts necessary or appropriate to prevent or reduce the likelihood
   5-70  of family violence.
    6-1        (b)  In a protective order the court may prohibit the person
    6-2  found to have committed family violence <a party> from:
    6-3              (1)  committing family violence;
    6-4              (2)  communicating:
    6-5                    (A)  directly with a member of the family or
    6-6  household in a threatening or harassing manner;
    6-7                    (B)  a threat through any person to a member of
    6-8  the family or household; and
    6-9                    (C)  on a finding of good cause, in any manner
   6-10  with a member of the family or household except through the party's
   6-11  attorney or a person appointed by the court;
   6-12              (3)  going to or near the residence or place of
   6-13  employment or business of a member of the family or household;
   6-14  <and>
   6-15              (4)  going to or near the residence, child care
   6-16  facility, or school where a child protected under the order
   6-17  normally resides or attends; and
   6-18              (5)  engaging in conduct directed specifically toward a
   6-19  person who is a member of the family or household, including
   6-20  following the person, that is reasonably likely to harass, annoy,
   6-21  alarm, abuse, torment, or embarrass that person.
   6-22        (e)  <A protective order made under this section that
   6-23  conflicts with any other court order made under Subtitle A, Title
   6-24  2, of this code is to the extent of the conflict invalid and
   6-25  unenforceable.>
   6-26        <(f)  Except on a showing of indigency by a person against
   6-27  whom a protective order is directed, the order shall require that
   6-28  the person:>
   6-29              <(1)  pay the cost of service of the order, the actual
   6-30  costs of court, the costs incurred by the clerk not paid by the
   6-31  applicant pursuant to Section 71.07, Family Code, and any other
   6-32  fees, charges, or expenses incurred in connection with the
   6-33  protective order; and>
   6-34              <(2)  reimburse the applicant for any fees paid by the
   6-35  applicant under this chapter by paying that amount to the clerk of
   6-36  the court.>
   6-37        <(g)  The clerk of a court who receives money according to a
   6-38  protective order from a person against whom the order is directed
   6-39  shall reimburse the applicant for any fees paid by the applicant
   6-40  under this chapter.>
   6-41        <(h)  A person who is ordered to pay costs or reimburse an
   6-42  applicant under Subsection (f) of this section who does not pay the
   6-43  costs or reimburse the applicant before the 60th day after the date
   6-44  the order was rendered may be punished for contempt of court by a
   6-45  fine in an amount not to exceed $500, or by confinement in jail for
   6-46  a term not to exceed six months, or both.>
   6-47        <(i)>  A person found to have engaged in family violence
   6-48  <party> for whom counseling or a batterer's treatment program is
   6-49  ordered under Subsection (a)(5) of this section and who does not
   6-50  provide to the court before the 60th day after the date the order
   6-51  was rendered an affidavit that the person <party> has started the
   6-52  counseling or the program or that the counseling or the program is
   6-53  not available within a reasonable distance of the person's
   6-54  <party's> residence may be punished for contempt of court as
   6-55  provided by Section 21.002, Government Code <by a fine in an amount
   6-56  not to exceed $500, or by confinement in jail for a term not to
   6-57  exceed six months, or both>.  The order shall specifically advise
   6-58  the person <party> of this requirement and the possible punishment
   6-59  for failure to comply.
   6-60        <(j)  Any interested person may contest an affidavit of
   6-61  indigency filed under Subsection (f) of this section.>
   6-62        SECTION 13.  Sections 71.12(c) and (d), Family Code, are
   6-63  amended to read as follows:
   6-64        (c)  If all or part of an agreement under Subsection (a) or
   6-65  (b) of this section is approved by the court, the part of the
   6-66  agreement approved shall be attached to the protective order and
   6-67  become a part of the order of the court.
   6-68        (d)  <If all or part of an agreement by the respondent under
   6-69  Subsection (b) of this section is approved by the court, the part
   6-70  of the agreement approved shall be attached to the protective order
    7-1  and become a part of the order of the court.  The court may approve
    7-2  an agreement or part of an agreement under this subsection only if
    7-3  the agreement requires the respondent to do or refrain from doing
    7-4  an act under Section 71.11(b) of this code.>  The court may not
    7-5  approve an agreement or part of an agreement <under this
    7-6  subsection> that requires the applicant to do or refrain from doing
    7-7  an act under Section 71.11(b) of this code even if the applicant
    7-8  consents in the agreement to do or refrain from doing the act.
    7-9        SECTION 14.  Section 71.121, Family Code, is amended to read
   7-10  as follows:
   7-11        Sec. 71.121.  REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.
   7-12  (a)  <A court may not enter a single protective order that applies
   7-13  to both the respondent and the applicant unless the order embodies
   7-14  an agreement of the parties under Section 71.12(a) of this code.>
   7-15        <(b)>  To apply for a protective order against an applicant,
   7-16  a respondent must file a separate application under this chapter.
   7-17        (b) <(c)>  A court may not delay a hearing on an applicant's
   7-18  application for a protective order beyond the time provided by
   7-19  Section 71.09 of this code in order to consolidate it with a
   7-20  hearing on a subsequently filed <respondent's> application for a
   7-21  protective order <against the applicant>.
   7-22        (c)  A court may not enter a protective order that requires
   7-23  both the respondent and the applicant to do or refrain from doing
   7-24  an act under Section 71.11(b).
   7-25        (d)  A protective order that requires the first applicant to
   7-26  do or refrain from doing an act under Section 71.11(b) shall
   7-27  include a finding that the first applicant has committed family
   7-28  violence and is likely to commit family violence in the future.
   7-29        (e)  A court that enters separate protective orders under
   7-30  this section that apply to both parties and require both parties to
   7-31  do or refrain from doing an act under Section 71.11(b) shall issue
   7-32  two distinct and independent protective orders that reflect the
   7-33  appropriate conditions for each of the parties.
   7-34        (f)  A court that enters protective orders under this section
   7-35  that apply to both the respondent and the applicant and that
   7-36  require the respondent to do or refrain from doing an act under
   7-37  Section 71.11(b) shall issue the protective orders in two separate
   7-38  documents.  The court shall provide one of the documents to the
   7-39  applicant and the other to the respondent.
   7-40        SECTION 15.  Section 71.14, Family Code, is amended by adding
   7-41  Subsection (c) to read as follows:
   7-42        (c)  Notice of a motion to modify under this section is
   7-43  sufficient if delivery of the motion is attempted on the respondent
   7-44  at the respondent's last known address by registered or certified
   7-45  mail as provided by Rule 21a, Texas Rules of Civil Procedure.
   7-46        SECTION 16.  Sections 71.15(h), (i), and (j), Family Code,
   7-47  are amended to read as follows:
   7-48        (h)  In order for an ex parte order excluding a person from
   7-49  the person's residence to be granted, the court must find from the
   7-50  required affidavit and testimony that:
   7-51              (1)  the applicant requesting the exclusion order
   7-52  either resides on the premises or has resided there within 30 days
   7-53  before the filing of the application;
   7-54              (2)  the person to be excluded has within the 30-day
   7-55  period preceding the filing of the application committed family
   7-56  violence against a member of the household; and
   7-57              (3)  there is a clear and present danger that the
   7-58  person to be excluded is likely to commit family violence against a
   7-59  member of the household <in the foreseeable future>.
   7-60        (i)  <On the request of a person obtaining an order that
   7-61  excludes another person from the other person's residence, the
   7-62  court that granted the order may order the sheriff or chief of
   7-63  police to provide a law enforcement officer from the department of
   7-64  the sheriff or the chief of police:>
   7-65              <(1)  to accompany the person obtaining the order to
   7-66  the residence covered by the order;>
   7-67              <(2)  to protect the person obtaining the order while
   7-68  the person takes possession of the residence; and>
   7-69              <(3)  if the person obtaining the order is unable to
   7-70  take possession of the residence because the person being excluded
    8-1  occupies the residence, to inform the person being excluded that
    8-2  the court has ordered the person excluded from the residence.>
    8-3        <(j)>  The court may stop the hearing to contact the
    8-4  respondent by telephone and provide the respondent an opportunity
    8-5  to be present when the court resumes the hearing.  Without regard
    8-6  to whether the respondent is able to be present at the hearing, the
    8-7  court shall resume the hearing before the end of the working day.
    8-8        SECTION 17.  Section 71.16(b), Family Code, is amended to
    8-9  read as follows:
   8-10        (b)  Each protective order issued under this chapter, except
   8-11  a temporary ex parte order, shall have the following statement
   8-12  printed in bold-faced type or in capital letters:
   8-13        "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
   8-14  BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
   8-15  $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
   8-16  ONE YEAR <10 YEARS>, OR BOTH.  <FURTHER VIOLATIONS OF THIS ORDER
   8-17  MAY BE PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99
   8-18  YEARS.>  AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED
   8-19  AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS
   8-20  PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
   8-21  CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
   8-22        SECTION 18.  Section 71.17, Family Code, is amended to read
   8-23  as follows:
   8-24        Sec. 71.17.  COPIES OF ORDERS.  (a)  A protective order made
   8-25  under this chapter shall be delivered to the respondent <person to
   8-26  whom the order applies in open court at the close of the hearing,
   8-27  or served by registered or certified mail,> in accordance with Rule
   8-28  21a, Texas Rules of Civil Procedure, <or> served in the same manner
   8-29  as a writ of injunction, or served in open court at the close of
   8-30  the hearing as provided by Subsections (b)-(d).
   8-31        (b)  If the order is served in open court, the order shall be
   8-32  served as provided by this subsection.  If the respondent is
   8-33  present at the hearing and the order has been reduced to writing,
   8-34  the judge or master shall sign the order and give a copy of the
   8-35  order to the respondent.  A certified copy of the signed order
   8-36  shall be given to the applicant at the time the order is given to
   8-37  the respondent.  If the applicant is not in court at the conclusion
   8-38  of the hearing, the clerk of the court shall mail a certified copy
   8-39  of the order to the applicant not later than the third business day
   8-40  after the date the hearing is concluded.
   8-41        (c)  If the respondent is present at the hearing but the
   8-42  order has not been reduced to writing, the judge or master shall
   8-43  give notice orally to the respondent of the part of the order that
   8-44  contains prohibitions under Section 71.11(b) or any other part of
   8-45  the order that contains provisions necessary to prevent further
   8-46  family violence.  The clerk of the court shall mail a copy of the
   8-47  order to the respondent and a certified copy of the order to the
   8-48  applicant not later than the third business day after the date the
   8-49  hearing is concluded.
   8-50        (d)  If the respondent is not present at the hearing and the
   8-51  order has been reduced to writing at the conclusion of the hearing,
   8-52  the clerk of the court shall immediately provide a certified copy
   8-53  of the order to the applicant and mail a copy of the order to the
   8-54  respondent not later than the third business day after the date the
   8-55  hearing is concluded.
   8-56        (e) <(b)>  The clerk of the court issuing an original or
   8-57  modified protective order under this chapter shall send a copy of
   8-58  the order to the chief of police of the city where the member of
   8-59  the family or household protected by the order resides, if the
   8-60  person resides in a city, or to the sheriff of the county where the
   8-61  person resides, if the person does not reside in a city.
   8-62        (f) <(c)>  If a protective order made under this chapter
   8-63  prohibits a respondent <person> from going to or near a child care
   8-64  facility or school under Section 71.11(b) of this code, the clerk
   8-65  of the court <party requesting the order> shall send a copy of the
   8-66  order to the child care facility or school.
   8-67        (g) <(d)>  The clerk of a court vacating an original or
   8-68  modified protective order under this chapter shall notify the chief
   8-69  of police or sheriff who received a copy of the original or
   8-70  modified order that the order is vacated.
    9-1        SECTION 19.  Section 71.18, Family Code, is amended by adding
    9-2  Subsections (c) and (d) to read as follows:
    9-3        (c)  On the request of an applicant obtaining a temporary
    9-4  order that excludes the respondent from the respondent's residence,
    9-5  the court that granted the temporary order shall provide a written
    9-6  order to the sheriff or chief of police to provide a law
    9-7  enforcement officer from the department of the sheriff or chief of
    9-8  police:
    9-9              (1)  to accompany the applicant to the residence
   9-10  covered by the order;
   9-11              (2)  to inform the respondent that the court has
   9-12  ordered that the respondent be excluded from the residence;
   9-13              (3)  to protect the applicant while the applicant takes
   9-14  possession of the residence; and
   9-15              (4)  if the respondent refuses to vacate the residence,
   9-16  to protect the applicant while the applicant takes possession of
   9-17  the applicant's necessary personal property.
   9-18        (d)  On the request of an applicant obtaining a final order
   9-19  that excludes the respondent from the respondent's residence, the
   9-20  court that granted the final order shall provide a written order to
   9-21  the sheriff or chief of police to provide a law enforcement officer
   9-22  from the department of the sheriff or chief of police:
   9-23              (1)  to accompany the applicant to the residence
   9-24  covered by the order;
   9-25              (2)  to inform the respondent that the court has
   9-26  ordered that the respondent be excluded from the residence;
   9-27              (3)  to protect the applicant while the applicant takes
   9-28  possession of the residence and the respondent takes possession of
   9-29  the respondent's necessary personal property; and
   9-30              (4)  if the respondent refuses to vacate the residence:
   9-31                    (A)  to remove the respondent from the residence;
   9-32  and
   9-33                    (B)  to arrest the respondent for violating the
   9-34  court order.
   9-35        SECTION 20.  Section 118.131, Local Government Code, is
   9-36  amended by adding Subsection (i) to read as follows:
   9-37        (i)  The commissioners court may not assess an applicant a
   9-38  fee in connection with filing, serving, or entering a protective
   9-39  order.  A fee may not be charged to an applicant to dismiss,
   9-40  modify, or withdraw a protective order.
   9-41        SECTION 21.  Section 51.303, Government Code, is amended by
   9-42  adding Subsection (f) to read as follows:
   9-43        (f)  In addition to the other powers and duties of this
   9-44  section, a district clerk shall accept applications for protective
   9-45  orders under Chapter 71, Family Code.
   9-46        SECTION 22.  Section 51.402, Government Code, is amended by
   9-47  adding Subsection (d) to read as follows:
   9-48        (d)  In addition to the other powers and duties of this
   9-49  section, a county clerk that serves as the clerk for a court having
   9-50  jurisdiction of applications for protective orders under Chapter
   9-51  71, Family Code, shall accept those applications.
   9-52        SECTION 23.  Subtitle E, Title 2, Human Resources Code, is
   9-53  amended by adding Chapter 54 to read as follows:
   9-54        CHAPTER 54.  PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF
   9-55                  PROTECTIVE AND REGULATORY SERVICES
   9-56        Sec. 54.001.  PROTECTIVE ORDERS.  The Department of
   9-57  Protective and Regulatory Services shall adopt rules to provide
   9-58  procedures for the filing of protective orders for the protection
   9-59  of a member of a family or household as provided by Section 71.04,
   9-60  Family Code.
   9-61        Sec. 54.002.  NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
   9-62  MEMBER.  The Department of Protective and Regulatory Services shall
   9-63  provide prior notice to a nonabusive parent or adult member of a
   9-64  household of the department's intent to file an application for a
   9-65  protective order for a child or older person and shall request the
   9-66  assistance of the person receiving the notice in developing a
   9-67  safety plan for household members and the child or older person for
   9-68  whom the order is sought.  The department shall exercise reasonable
   9-69  safety precautions to protect a nonabusive parent or other member
   9-70  of a household while providing notice and requesting assistance
   10-1  under this section.
   10-2        SECTION 24.  Section 25.07(a), Penal Code, is amended to read
   10-3  as follows:
   10-4        (a)  A person commits an offense if, in violation of an order
   10-5  issued under Section 3.581, Section 71.11, or Section 71.12, Family
   10-6  Code, the person knowingly or intentionally:
   10-7              (1)  commits family violence;
   10-8              (2)  <directly> communicates:
   10-9                    (A)  directly with a member of the family or
  10-10  household in a threatening or harrassing manner;
  10-11                    (B)  <, communicates> a threat through any person
  10-12  to a member of the family or household; or
  10-13                    (C)  <, and, if the order prohibits any
  10-14  communication with a member of the family or household,
  10-15  communicates> in any manner with the member of the family or
  10-16  household except through the person's attorney or a person
  10-17  appointed by the court; <or>
  10-18              (3)  goes to or near any of the following places as
  10-19  specifically described in the protective order:
  10-20                    (A)  the residence or place of employment or
  10-21  business of a member of the family or household; or
  10-22                    (B)  any child care facility, residence, or
  10-23  school where a child protected by the protective order normally
  10-24  resides or attends; or
  10-25              (4)  engages in conduct directed specifically toward a
  10-26  person who is a member of the family or household, including
  10-27  following the person, that is reasonably likely to harass, annoy,
  10-28  alarm, abuse, torment, or embarrass that person.
  10-29        SECTION 25.  Article 5.04(c), Code of Criminal Procedure, is
  10-30  amended to read as follows:
  10-31        (c)  A written notice required by Subsection (b) of this
  10-32  article is sufficient if it is in substantially the following form
  10-33  with the required information in English and in Spanish inserted in
  10-34  the notice:
  10-35              "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
  10-36        "It is a crime for any person to cause you any physical
  10-37  injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
  10-38  YOUR FAMILY OR HOUSEHOLD.
  10-39        "Please tell the investigating peace officer:
  10-40        "IF you, your child, or any other household resident has been
  10-41  injured; or
  10-42        "IF you feel you are going to be in danger when the officer
  10-43  leaves or later.
  10-44        "You have the right to:
  10-45        "ASK the local prosecutor to file a criminal complaint
  10-46  against the person committing family violence; and
  10-47        "APPLY to a court for an order to protect you (you should
  10-48  consult a legal aid office, a prosecuting attorney, or a private
  10-49  attorney). You cannot be charged a fee by a court in connection
  10-50  with filing, serving, or entering a protective order.  For example,
  10-51  the court can enter an order that:
  10-52        "(1)  the abuser not commit further acts of violence;
  10-53        "(2)  the abuser not threaten, harass, or contact you at
  10-54  home;
  10-55        "(3)  directs the abuser to leave your household; and
  10-56        "(4)  establishes temporary custody of the children and
  10-57  directs the abuser not to interfere with the children or any
  10-58  property.
  10-59        "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
  10-60  PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
  10-61        "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
  10-62  IF YOU NEED PROTECTION:
  10-63  "____________________
  10-64  "____________________."
  10-65        SECTION 26.  Article 5.06, Code of Criminal Procedure, is
  10-66  amended by adding Subsection (c) to read as follows:
  10-67        (c)  The prosecuting attorney having responsibility under
  10-68  Section 71.04(c), Family Code, for filing applications for
  10-69  protective orders under Chapter 71, Family Code, shall provide
  10-70  notice of those responsibilities to all law enforcement agencies
   11-1  within the jurisdiction of the prosecuting attorney for the
   11-2  prosecuting attorney.
   11-3        SECTION 27.  Sections 3.582, 3.583, 71.04(d), (e), and (f),
   11-4  71.07(i), and 71.13(b) and (c), Family Code, are repealed.
   11-5        SECTION 28.  (a)  This Act takes effect September 1, 1995.
   11-6        (b)  The change in law made by this Act applies only to an
   11-7  application for a protective order made on or after the effective
   11-8  date of this Act.  An application for a protective order made
   11-9  before the effective date of this Act is governed by the law in
  11-10  effect at the time the application was made, and the former law is
  11-11  continued in effect for that purpose.
  11-12        (c)  The change in law made by this Act applies only to an
  11-13  offense committed on or after the effective date of this Act.  For
  11-14  purposes of this section, an offense is committed before the
  11-15  effective date of this Act if any element of the offense occurs
  11-16  before that date.
  11-17        (d)  An offense committed before the effective date of this
  11-18  Act is covered by the law in effect when the offense was committed,
  11-19  and the former law is continued in effect for that purpose.
  11-20        SECTION 29.  The importance of this legislation and the
  11-21  crowded condition of the calendars in both houses create an
  11-22  emergency and an imperative public necessity that the
  11-23  constitutional rule requiring bills to be read on three several
  11-24  days in each house be suspended, and this rule is hereby suspended.
  11-25                               * * * * *