By Conley H.B. No. 515
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to offenses committed by an actor against a member of the
1-3 actor's family or household or involving community property or
1-4 property held pursuant to orders issued in a family law proceeding.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.07(a)(35), Penal Code, is amended to
1-7 read as follows:
1-8 (35) "Owner" means a person who:
1-9 (A) has title to the property, possession of the
1-10 property, whether lawful or not, or a greater right to possession
1-11 of the property than the actor; <
1-12 (B) has possession of community property as
1-13 defined by Section 5.01, Family Code, that is subject to the
1-14 person's sole management, control, and disposition;
1-15 (C) has possession of the property pursuant to
1-16 an order issued under Section 3.581, 71.11, or 71.12, Family Code;
1-18 (D) is a holder in due course of a negotiable
1-20 SECTION 2. Chapter 6, Penal Code, is amended by adding
1-21 Section 6.05 to read as follows:
1-22 Sec. 6.05. WHEN THE VICTIM IS A MEMBER OF THE ACTOR'S FAMILY
1-23 OR HOUSEHOLD. (a) In this section:
1-24 (1) "Family" has the meaning assigned by Section
2-1 71.01, Family Code.
2-2 (2) "Household" has the meaning assigned by Section
2-3 71.01, Family Code.
2-4 (b) Conduct against an individual that constitutes an
2-5 offense under this code does not lose its status as an offense
2-6 because it is committed by an actor against an individual who is
2-7 the actor's spouse or a member of the actor's family or household,
2-8 unless the offense is defined to specifically exclude conduct
2-9 against a spouse or family or household member.
2-10 SECTION 3. This Act is not intended to change the law, but
2-11 rather to clarify any ambiguity that may exist in the prosecution
2-12 of criminal offenses.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.