By Thompson, Danburg, Raymond H.B. No. 1632
Substitute the following for H.B. No. 1632:
By Cuellar of Webb C.S.H.B. No. 1632
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protective orders for family violence; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended
1-6 by adding Section 3.522 to read as follows:
1-7 Sec. 3.522. PROTECTIVE ORDERS. (a) The petition in a suit
1-8 for divorce or annulment must state whether a protective order
1-9 under Chapter 71 or Section 3.581 is in effect or if an application
1-10 for a protective order is pending with regard to the parties to the
1-11 suit.
1-12 (b) The petitioner in a suit for divorce or annulment shall
1-13 attach to the petition a copy of each protective order issued under
1-14 Chapter 71 or Section 3.581 in which one of the parties to the suit
1-15 was the applicant and the other party was the respondent without
1-16 regard to the date on which the order was entered. If a copy of
1-17 the protective order is not available at the time of filing, the
1-18 petition must state that a copy of the order will be filed with the
1-19 court before any hearing.
1-20 SECTION 2. Section 3.581, Family Code, is amended to read as
1-21 follows:
1-22 Sec. 3.581. PROTECTIVE ORDERS. <(a)> On the motion of any
1-23 party to a suit for divorce or annulment or to declare a marriage
1-24 void, the court may issue a protective order as provided by Section
2-1 71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
2-2 and (c), 71.111, 71.14, and 71.16 of this code>.
2-3 <(b) An order may be made under this section only after
2-4 notice to the party alleged to have committed family violence and a
2-5 hearing.>
2-6 <(c) An order made under this section is valid for one year
2-7 or the earliest of:>
2-8 <(1) the end of a period of less than one year
2-9 specified in the order by the court;>
2-10 <(2) the date the order is vacated by the court; or>
2-11 <(3) the date the suit is dismissed.>
2-12 <(d) a spouse who has applied for a protective order under
2-13 this section is entitled to a temporary ex parte order directed
2-14 against the other spouse for the relief provided by and under the
2-15 conditions established in Section 71.15 of this code.>
2-16 <(e) The date of expiration of an order made under this
2-17 section must appear on the order.>
2-18 <(f) An order made under this section must be a separate
2-19 document entitled "PROTECTIVE ORDER.">
2-20 SECTION 3. Sections 71.01(b)(2), (4), (5), and (6), Family
2-21 Code, are amended to read as follows:
2-22 (2) "Family violence" means:
2-23 (A) an act by a member of a family or household
2-24 against another member of the family or household that is intended
2-25 to result in physical harm, bodily injury, <or> assault, or sexual
2-26 assault, or that is a threat that reasonably places the member in
2-27 fear of imminent physical harm, bodily injury, <or> assault, or
3-1 sexual assault or that is a threat that reasonably places the
3-2 member in fear of imminent physical harm, bodily injury, <or>
3-3 assault, or sexual assault <excluding the reasonable discipline of
3-4 a child by a person having that duty>; or
3-5 (B) abuse, as that term is defined by Sections
3-6 34.012(1)(C), (E), and (G) of this code, by a member of a family or
3-7 household toward a child of the family or household.
3-8 (4) <"Former member of a household" means a person who
3-9 previously lived in a household.>
3-10 <(5)> "Household" means a unit composed of persons
3-11 living together in the same dwelling, whether or not they are
3-12 related to each other.
3-13 (5) <(6)> "Member of a household" includes a person
3-14 who previously lived in <former member of> a household.
3-15 SECTION 4. Section 71.03, Family Code, is amended to read as
3-16 follows:
3-17 Sec. 71.03. VENUE. (a) Except as provided in Subsection
3-18 (B) of this section, an application may be filed:
3-19 (1) in the county where the applicant resides; or
3-20 (2) in the county where an individual alleged to have
3-21 committed family violence resides.
3-22 (b) If a suit to dissolve the marriage of the applicant and
3-23 the individual alleged to have committed family violence is pending
3-24 in Texas and the applicant resides 100 (100) miles or less from the
3-25 county where that suit is pending, an application must be filed in
3-26 the county where the suit for dissolution of the marriage is
3-27 pending.
4-1 SECTION 5. Section 71.04(b), Family Code, is amended to read
4-2 as follows:
4-3 (b) An application may be filed by:
4-4 (1) an adult member of a family or household for the
4-5 protection of the applicant or for any other member of the family
4-6 or household;
4-7 (2) any adult for the protection of a child member of
4-8 a family or household; <or>
4-9 (3) any prosecuting attorney who represents the state
4-10 in a district or statutory county court in the county in which
4-11 venue of the application is proper for the protection of any person
4-12 alleged to be a victim of family violence; or
4-13 (4) the Department of Protective and Regulatory
4-14 Services for the protection of a member of a family or household.
4-15 SECTION 6. Chapter 71, Family Code, is amended by adding
4-16 Section 71.041 to read as follows:
4-17 Sec. 71.041. FEES AND COSTS. (a) An applicant for a
4-18 protective order may not be assessed a fee, cost, charge, or
4-19 expense by a clerk of the court or another public official in
4-20 connection with the filing, serving, or entering of the protective
4-21 order. A fee may not be charged to an applicant to dismiss,
4-22 modify, or withdraw a protective order.
4-23 (b) Except on a showing of indigency by the respondent, a
4-24 court shall require in a protective order that the respondent
4-25 against whom an order is rendered pay a protective order fee of
4-26 $16, standard fees charged by the clerk of the court as in a
4-27 general civil proceeding for the cost of service of the order,
5-1 costs of court, and all other fees, charges, or expenses incurred
5-2 in connection with the protective order.
5-3 (c) A respondent who is ordered to pay costs who does not
5-4 pay the costs before the 60th day after the date the order was
5-5 rendered may be punished for contempt of court as provided by
5-6 Section 21.002, Government Code.
5-7 (d) The court may assess a reasonable attorney's fee as
5-8 compensation for the services of a private or prosecuting attorney
5-9 or an attorney employed by the Department of Protective and
5-10 Regulatory Services representing an applicant against the party who
5-11 is found to have committed family violence. In setting the amount
5-12 of the fee, the court shall consider the income and ability to pay
5-13 of the person against whom the fee is assessed. The amount of fees
5-14 collected under this subsection as compensation for the fees of a
5-15 prosecuting attorney shall be paid to the credit of the county fund
5-16 from which the salaries of employees of the prosecuting attorney
5-17 are paid or supplemented. All other fees collected under this
5-18 subsection shall be deposited in the general revenue fund to the
5-19 credit of the Department of Protective and Regulatory Services.
5-20 SECTION 7. Sections 71.05(b)-(g), Family Code, are amended
5-21 to read as follows:
5-22 (b) <If an application requests a protective order for a
5-23 spouse and alleges that the other spouse has committed family
5-24 violence, the application must state that no suit for the
5-25 dissolution of the marriage of the spouses is pending.>
5-26 <(c)> If an applicant is a former spouse of an individual
5-27 alleged to have committed family violence:
6-1 (1) a copy of the decree dissolving the marriage must
6-2 be attached to the application; or
6-3 (2) the application must state that the decree is
6-4 unavailable to the applicant and that a copy of the decree will be
6-5 filed with the court before the hearing on the application.
6-6 (c) <(d)> If an application requests a protective order for
6-7 a child who is subject to the continuing jurisdiction of a court
6-8 under Subtitle A, Title 2, of this code or alleges that a child who
6-9 is subject to the continuing jurisdiction of a court under Subtitle
6-10 A, Title 2, of this code has committed family violence:
6-11 (1) a copy of the court orders affecting the
6-12 conservatorship, possession, and support of or the access to the
6-13 child must be filed with the application; or
6-14 (2) the application must state that the orders
6-15 affecting the child are unavailable to the applicant and that a
6-16 copy of the orders will be filed with the court before the hearing
6-17 on the application.
6-18 (d) <(e)> If the application requests the issuance of a
6-19 temporary ex parte order under Section 71.15 of this code, the
6-20 application must:
6-21 (1) contain a detailed description of the facts and
6-22 circumstances concerning the alleged family violence and the need
6-23 for immediate protective orders; and
6-24 (2) be signed by each applicant under an oath that the
6-25 facts and circumstances contained in the application are true to
6-26 the best knowledge and belief of each applicant.
6-27 (e) <(f)> If an application requests a protective order and
7-1 alleges that the respondent has violated a former protective order
7-2 protecting the applicant by committing an act prohibited by the
7-3 former order under Section 71.11(b) of this code and that the
7-4 former protective order has expired since the alleged violation
7-5 occurred, the application for the protective order must include:
7-6 (1) a copy of the former protective order attached to
7-7 the application or a statement that the order is unavailable to the
7-8 applicant and that a copy of the order will be filed with the court
7-9 before the hearing on the application;
7-10 (2) a description of the violation of the former
7-11 protective order; and
7-12 (3) a statement that the violation of the former order
7-13 described in the application has not been grounds for any other
7-14 order protecting the applicant that has been issued or requested
7-15 under this section.
7-16 (f) <(g)> The procedural requirements relating to a
7-17 protective order under this chapter, including the application
7-18 under Section 71.04 of this code and service under Section 71.07 of
7-19 this code, apply to a protective order under Subsection (e) <(f)>
7-20 of this section.
7-21 SECTION 8. Section 71.06, Family Code, is amended to read as
7-22 follows:
7-23 Sec. 71.06. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF
7-24 MARRIAGE. (a) A person who is a party to a pending suit for the
7-25 dissolution of a marriage and who wishes to apply for a protective
7-26 order involving the relationship between the spouses or their
7-27 respective rights, duties, or powers may <must> file an application
8-1 for the order under this chapter as a motion in the suit or as a
8-2 separate application under Sections 71.04 and 71.05 <Section 3.581
8-3 of this code>.
8-4 (b) An applicant denied a protective order filed as a motion
8-5 to a divorce may not apply for a protective order in another court
8-6 based on the identical facts.
8-7 (c) The requirements of service of notice under Section
8-8 71.07 do not apply if the application is filed as a motion in a
8-9 suit for the dissolution of a marriage. Notice is given in the
8-10 same manner as in any other motion in a suit for the dissolution of
8-11 a marriage.
8-12 (d) A protective order entered as an order in a suit for
8-13 dissolution of a marriage must be in a document separate from other
8-14 orders or temporary orders and shall be entitled "PROTECTIVE
8-15 ORDER."
8-16 SECTION 9. Section 71.08, Family Code, is amended to read as
8-17 follows:
8-18 Sec. 71.08. ANSWER. A respondent <An individual> served
8-19 with notice of an application for a protective order may but is not
8-20 required to file a written answer to the application. The answer
8-21 may be filed at any time before the hearing.
8-22 SECTION 10. Sections 71.09(b), (c), and (e), Family Code,
8-23 are amended to read as follows:
8-24 (b) If a respondent <person> entitled to service of a notice
8-25 of application for a protective order receives the service within
8-26 48 hours before the time set for the hearing, the court, on a
8-27 request from the respondent <person>, shall reschedule the hearing
9-1 for a date not later than 14 days after the date set for the
9-2 hearing. The respondent <person> is not entitled to additional
9-3 service for the rescheduled hearing.
9-4 (c) If a hearing set under Subsection (a) of this section is
9-5 not held because of the failure of a respondent <party> to receive
9-6 service of a notice of application for a protective order, the
9-7 applicant may request the court to reschedule the hearing. Except
9-8 as provided by Subsection (d) of this section, the date for a
9-9 rescheduled hearing under this subsection must be not later than 14
9-10 days after the date on which the request is made.
9-11 (e) A court may issue an order relating to an application
9-12 for a protective order that is binding on a respondent <party> who
9-13 does not attend a hearing under this section if the absent
9-14 respondent <party> received notice of the application. This
9-15 subsection applies to a respondent <party> who receives notice
9-16 within 48 hours before the time set for a hearing if the respondent
9-17 <party> does not request that the hearing be rescheduled.
9-18 SECTION 11. Section 71.10, Family Code, is amended to read
9-19 as follows:
9-20 Sec. 71.10. FINDINGS AND ORDERS. (a) At the close of a
9-21 hearing on an application, the court shall find whether or not
9-22 family violence has occurred and whether or not family violence is
9-23 likely to occur again in the <foreseeable> future.
9-24 (b) If the court finds that family violence has occurred and
9-25 that family violence is likely to occur again in the <foreseeable>
9-26 future, the court shall issue a <may make any> protective order
9-27 under Section 71.11(b) applying only to the respondent and may
10-1 enter a protective order authorized under Section 71.11(a) applying
10-2 to both the respondent and the applicant <by this chapter> that is
10-3 in the best interest of the applicant, the family or household, or
10-4 a member of the family or household.
10-5 (c) If the court finds that a respondent <person> violated a
10-6 former protective order made under this chapter by committing an
10-7 act prohibited by the former order under Section 71.11(b) of this
10-8 code while the former order was in effect and that the former order
10-9 is not currently in effect, the court, without finding whether
10-10 family violence has occurred or whether family violence is likely
10-11 to occur again in the <foreseeable> future, shall issue a
10-12 protective order under Section 71.11(b) applying only to the
10-13 respondent and may enter a protective order authorized under
10-14 Section 71.11(a) applying to both the respondent and the applicant
10-15 that is in the best interest of the applicant, the family or
10-16 household, or a member of the family or household.
10-17 (d) If the court approves an agreement between the parties
10-18 as authorized under Section 71.12, the court shall issue a
10-19 protective order under this section that is in the best interest of
10-20 the applicant, the family or household, or a member of the family
10-21 or household. <A protective order may apply only to a party to the
10-22 proceeding who:>
10-23 <(1) the court finds has committed family violence and
10-24 is likely to commit family violence in the foreseeable future;>
10-25 <(2) the court finds has violated a former protective
10-26 order;>
10-27 <(3) has agreed to the order under Section 71.12(a) of
11-1 this code; or>
11-2 <(4) is a respondent and has agreed to the order under
11-3 Section 71.12(b) of this code.>
11-4 SECTION 12. Section 71.11, (a), (b), and (f)-(j), Family
11-5 Code, are amended by amending Subsections (a), (b), and (f)-(j) to
11-6 read as follows:
11-7 (a) In a protective order the court may:
11-8 (1) prohibit a party from:
11-9 (A) removing a child member of the family or
11-10 household from the possession of a person named in the court order
11-11 or from the jurisdiction of the court; or
11-12 (B) transferring, encumbering, or otherwise
11-13 disposing of property mutually owned or leased by the parties,
11-14 except when in the ordinary course of business;
11-15 (2) grant exclusive possession of a residence to a
11-16 party and, if appropriate, direct one or more other parties to
11-17 vacate the residence if:
11-18 (A) the residence is jointly owned or leased by
11-19 the party receiving exclusive possession and by some other party
11-20 denied possession;
11-21 (B) the residence is owned or leased by the
11-22 party retaining possession; or
11-23 (C) the residence is owned or leased by the
11-24 party denied possession but only if that party has an obligation to
11-25 support the party granted possession of the residence or a child of
11-26 the party granted possession;
11-27 (3) provide for possession of and access to a child of
12-1 a party if the person receiving possession of or access to the
12-2 child is a parent, as that term is defined by Section 11.01 of this
12-3 code, of the child;
12-4 (4) require the payment of support for a party or for
12-5 a child of a party if the person required to make the payment has
12-6 an obligation to support the other party or the child;
12-7 (5) require the respondent <one or more parties> to
12-8 counsel with a social worker, family service agency, physician,
12-9 psychologist, licensed marriage and family therapist, or licensed
12-10 professional counselor, or to complete a batterer's treatment
12-11 program;
12-12 (6) award to a party use and possession of specified
12-13 property that is community property or jointly owned or leased;
12-14 <or>
12-15 (7) prohibit the respondent <a party> from doing
12-16 specified acts or require the respondent <a party> to do specified
12-17 acts necessary or appropriate to prevent or reduce the likelihood
12-18 of family violence;
12-19 (b) In a protective order the court may prohibit the
12-20 respondent <a party> from:
12-21 (1) committing family violence;
12-22 (2) communicating:
12-23 (A) directly with a member of the family or
12-24 household in a threatening or harassing manner;
12-25 (B) a threat through any person to a member of
12-26 the family or household; and
12-27 (C) on a finding of good cause, in any manner
13-1 with a member of the family or household except through the party's
13-2 attorney or a person appointed by the court;
13-3 (3) going to or near the residence or place of
13-4 employment or business of a member of the family or household;
13-5 <and>
13-6 (4) going to or near the residence, child care
13-7 facility, or school where a child protected under the order
13-8 normally resides or attends;
13-9 (5) engaging in conduct directed specifically toward a
13-10 person who is a member of the family or household, including
13-11 following the person, that is reasonably likely to harass, annoy,
13-12 alarm, abuse, torment, or embarrass that person; or
13-13 (f) <Except on a showing of indigency by a person against
13-14 whom a protective order is directed, the order shall require that
13-15 the person:>
13-16 <(1) pay the cost of service of the order, the actual
13-17 costs of court, the costs incurred by the clerk not paid by the
13-18 applicant pursuant to Section 71.07, Family Code, and any other
13-19 fees, charges, or expenses incurred in connection with the
13-20 protective order; and>
13-21 <(2) reimburse the applicant for any fees paid by the
13-22 applicant under this chapter by paying that amount to the clerk of
13-23 the court.>
13-24 <(g) The clerk of a court who receives money according to a
13-25 protective order from a person against whom the order is directed
13-26 shall reimburse the applicant for any fees paid by the applicant
13-27 under this chapter.>
14-1 <(h) A person who is ordered to pay costs or reimburse an
14-2 applicant under Subsection (f) of this section who does not pay the
14-3 costs or reimburse the applicant before the 60th day after the date
14-4 the order was rendered may be punished for contempt of court by a
14-5 fine in an amount not to exceed $500, or by confinement in jail for
14-6 a term not to exceed six months, or both.>
14-7 <(i)> A respondent <party> for whom counseling or a
14-8 batterer's treatment program is ordered under Subsection (a)(5) of
14-9 this section and who does not provide to the court before the 60th
14-10 day after the date the order was rendered an affidavit that the
14-11 respondent <party> has started the counseling or the program or
14-12 that the counseling or the program is not available within a
14-13 reasonable distance of the respondent's <party's> residence may be
14-14 punished for contempt of court as provided by Section 21.002,
14-15 Government Code <by a fine in an amount not to exceed $500, or by
14-16 confinement in jail for a term not to exceed six months, or both>.
14-17 The order shall specifically advise the respondent <party> of this
14-18 requirement and the possible punishment for failure to comply.
14-19 <(j) Any interested person may contest an affidavit of
14-20 indigency filed under Subsection (f) of this section.>
14-21 SECTION 13. Sections 71.12(c) and (d), Family Code, are
14-22 amended to read as follows:
14-23 (c) If all or part of an agreement under Subsection (a) or
14-24 (b) of this section is approved by the court, the part of the
14-25 agreement approved shall be attached to the protective order and
14-26 become a part of the order of the court.
14-27 (d) <If all or part of an agreement by the respondent under
15-1 Subsection (b) of this section is approved by the court, the part
15-2 of the agreement approved shall be attached to the protective order
15-3 and become a part of the order of the court. The court may approve
15-4 an agreement or part of an agreement under this subsection only if
15-5 the agreement requires the respondent to do or refrain from doing
15-6 an act under Section 71.11(b) of this code.> The court may not
15-7 approve an agreement or part of an agreement <under this
15-8 subsection> that requires the applicant to do or refrain from doing
15-9 an act under Section 71.11(b) of this code even if the applicant
15-10 consents in the agreement to do or refrain from doing the act.
15-11 SECTION 14. Section 71.121, Family Code, is amended to read
15-12 as follows:
15-13 Sec. 71.121. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.
15-14 (a) <A court may not enter a single protective order that applies
15-15 to both the respondent and the applicant unless the order embodies
15-16 an agreement of the parties under Section 71.12(a) of this code.>
15-17 <(b)> To apply for a protective order against an applicant,
15-18 a respondent must file a separate application under this chapter.
15-19 (b) <(c)> A court may not delay a hearing on an applicant's
15-20 application for a protective order beyond the time provided by
15-21 Section 71.09 of this code in order to consolidate it with a
15-22 hearing on a subsequently filed <respondent's> application for a
15-23 protective order <against the applicant>.
15-24 (c) A court may not enter a protective order that requires
15-25 both the respondent and the applicant to do or refrain from doing
15-26 an act under Section 71.11(b).
15-27 (d) A protective order that requires the first applicant to
16-1 do or refrain from doing an act under Section 71.11(b) shall
16-2 include a finding that the first applicant has committed family
16-3 violence and is likely to commit family violence in the future.
16-4 (e) A court that enters separate protective orders under
16-5 this section that apply to both parties and require both parties to
16-6 do or refrain from doing an act under Section 71.11(b) shall issue
16-7 two distinct and independent protective orders that reflect the
16-8 appropriate conditions for each of the parties.
16-9 (f) A court that enters protective orders under this section
16-10 that apply to both the respondent and the applicant and that
16-11 require the respondent to do or refrain from doing an act under
16-12 Section 71.11(b) shall issue the protective orders in two separate
16-13 documents. The court shall provide one of the documents to the
16-14 applicant and the other to the respondent.
16-15 SECTION 15. Section 71.14, Family Code, is amended by adding
16-16 Subsection (c) to read as follows:
16-17 (c) Notice of a motion to modify under this section is
16-18 sufficient if delivery of the motion is attempted on the
16-19 respondents last known address by registered or certified mail as
16-20 provided by Rule 21a, Texas Rules of Civil Procedure.
16-21 SECTION 16. Sections 71.15(h), (i), and (j), Family Code,
16-22 are amended to read as follows:
16-23 (h) In order for an ex parte order excluding a person from
16-24 the person's residence to be granted, the court must find from the
16-25 required affidavit and testimony that:
16-26 (1) the applicant requesting the exclusion order
16-27 either resides on the premises or has resided there within 30 days
17-1 before the filing of the application;
17-2 (2) the person to be excluded has within the 30-day
17-3 period preceding the filing of the application committed family
17-4 violence against a member of the household; and
17-5 (3) there is a clear and present danger that the
17-6 person to be excluded is likely to commit family violence against a
17-7 member of the household <in the foreseeable future>.
17-8 (i) <On the request of a person obtaining an order that
17-9 excludes another person from the other person's residence, the
17-10 court that granted the order may order the sheriff or chief of
17-11 police to provide a law enforcement officer from the department of
17-12 the sheriff or the chief of police:>
17-13 <(1) to accompany the person obtaining the order to
17-14 the residence covered by the order;>
17-15 <(2) to protect the person obtaining the order while
17-16 the person takes possession of the residence; and>
17-17 <(3) if the person obtaining the order is unable to
17-18 take possession of the residence because the person being excluded
17-19 occupies the residence, to inform the person being excluded that
17-20 the court has ordered the person excluded from the residence.>
17-21 <(j)> The court may stop the hearing to contact the
17-22 respondent by telephone and provide the respondent an opportunity
17-23 to be present when the court resumes the hearing. Without regard
17-24 to whether the respondent is able to be present at the hearing, the
17-25 court shall resume the hearing before the end of the working day.
17-26 SECTION 17. Section 71.16, Family Code, is amended by
17-27 amending Subsection (b) and adding Subsection (d) to read as
18-1 follows:
18-2 (b) Each protective order issued under this chapter, except
18-3 a temporary ex parte order, shall have the following statement
18-4 printed in bold-faced type or in capital letters:
18-5 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
18-6 BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
18-7 $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
18-8 <10 YEARS>, OR BOTH. <FURTHER VIOLATIONS OF THIS ORDER MAY BE
18-9 PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99 YEARS.> AN
18-10 ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
18-11 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
18-12 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
18-13 FOR AT LEAST TWO YEARS."
18-14 SECTION 18. Sections 71.17, Family Code, is amended to read
18-15 as follows:
18-16 Sec. 71.17. COPIES OF ORDERS. (a) A protective order made
18-17 under this chapter shall be delivered to the respondent <person to
18-18 whom the order applies in open court at the close of the hearing,
18-19 or served by registered or certified mail,> in accordance with Rule
18-20 21a, Texas Rules of Civil Procedure, <or> served in the same manner
18-21 as a writ of injunction, or served in open court at the close of
18-22 the hearing as provided by Subsections (b)-(d).
18-23 (b) If the order is served in open court, the order shall be
18-24 served as provided by this subsection. If the respondent is
18-25 present at the hearing and the order has been reduced to writing,
18-26 the judge or master shall sign the order and give a copy of the
18-27 order to the respondent. A certified copy of the signed order
19-1 shall be given to the applicant at the time the order is given to
19-2 the respondent. If the applicant is not in court at the conclusion
19-3 of the hearing, the clerk of the court shall mail a certified copy
19-4 of the order to the applicant not later than the third business day
19-5 after the date the hearing is concluded.
19-6 (c) If the respondent is present at the hearing but the
19-7 order has not been reduced to writing, the judge or master shall
19-8 give notice orally to the respondent of the part of the order that
19-9 contains prohibitions under Section 71.11(b) or any other part of
19-10 the order that contains provisions necessary to prevent further
19-11 family violence. The clerk of the court shall mail a copy of the
19-12 order to the respondent and a certified copy of the order to the
19-13 applicant not later than the third business day after the date the
19-14 hearing is concluded.
19-15 (d) If the respondent is not present at the hearing and the
19-16 order has been reduced to writing at the conclusion of the hearing,
19-17 the clerk of the court shall immediately provide a certified copy
19-18 of the order to the applicant and mail a copy of the order to the
19-19 respondent not later than the third business day after the date the
19-20 hearing is concluded.
19-21 (e) <(b)> The clerk of the court issuing an original or
19-22 modified protective order under this chapter shall send a copy of
19-23 the order to the chief of police of the city where the member of
19-24 the family or household protected by the order resides, if the
19-25 person resides in a city, or to the sheriff of the county where the
19-26 person resides, if the person does not reside in a city.
19-27 (f) <(c)> If a protective order made under this chapter
20-1 prohibits a respondent <person> from going to or near a child care
20-2 facility or school under Section 71.11(b) of this code, the clerk
20-3 of the court <party requesting the order> shall send a copy of the
20-4 order to the child care facility or school.
20-5 (g) <(d)> The clerk of a court vacating an original or
20-6 modified protective order under this chapter shall notify the chief
20-7 of police or sheriff who received a copy of the original or
20-8 modified order that the order is vacated.
20-9 SECTION 19. Section 71.18, Family Code, is amended by adding
20-10 Subsections (c), (d), and (e) to read as follows:
20-11 (c) On the request of an applicant obtaining a temporary
20-12 order that excludes the respondent from the respondent's residence,
20-13 the court that granted the temporary order shall provide a written
20-14 order to the sheriff or chief of police to provide a law
20-15 enforcement officer from the department of the sheriff or chief of
20-16 police:
20-17 (1) to accompany the applicant to the residence
20-18 covered by the order;
20-19 (2) to inform the respondent that the court has
20-20 ordered that the respondent be excluded from the residence;
20-21 (3) to protect the applicant while the applicant takes
20-22 possession of the residence; and
20-23 (4) if the respondent refuses to vacate the residence,
20-24 to protect the applicant while the applicant takes possession of
20-25 the applicant's necessary personal property.
20-26 (d) On the request of an applicant obtaining a final order
20-27 that excludes the respondent from the respondent's residence, the
21-1 court that granted the final order shall provide a written order to
21-2 the sheriff or chief of police to provide a law enforcement officer
21-3 from the department of the sheriff or chief of police:
21-4 (1) to accompany the applicant to the residence
21-5 covered by the order;
21-6 (2) to inform the respondent that the court has
21-7 ordered that the respondent be excluded from the residence;
21-8 (3) to protect the applicant while the applicant takes
21-9 possession of the residence and the respondent takes possession of
21-10 the respondent's necessary personal property; and
21-11 (4) if the respondent refuses to vacate the residence:
21-12 (A) to remove the respondent from the residence;
21-13 and
21-14 (B) to arrest the respondent for violating the
21-15 court order.
21-16 SECTION 20. Section 118.131, Local Government Code, is
21-17 amended by adding Subsection (i) to read as follows:
21-18 (i) The commissioners court may not assess an applicant a
21-19 fee in connection with the filing, serving, or entering of a
21-20 protective order. A fee may not be charged to an applicant to
21-21 dismiss, modify, or withdraw a protective order.
21-22 SECTION 21. Section 51.303, Government Code, is amended by
21-23 adding Subsection (f) to read as follows:
21-24 (f) In addition to the other powers and duties of this
21-25 section, a district clerk shall accept applications for protective
21-26 orders under Chapter 71, Family Code.
21-27 SECTION 22. Section 51.402, Government Code, is amended by
22-1 adding Subsection (d) to read as follows:
22-2 (d) In addition to the other powers and duties of this
22-3 section, a county clerk that serves as the clerk for a court having
22-4 jurisdiction of applications for protective orders under Chapter
22-5 71, Family Code, shall accept those applications.
22-6 SECTION 23. Subtitle E, Title 2, Human Resources Code, is
22-7 amended by adding Chapter 54 to read as follows:
22-8 CHAPTER 54. PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF
22-9 PROTECTIVE AND REGULATORY SERVICES
22-10 Sec. 54.001. PROTECTIVE ORDERS. The Department of
22-11 Protective and Regulatory Services shall adopt rules to provide
22-12 procedures for the filing of protective orders for the protection
22-13 of a member of a family or household as provided by Section 71.04,
22-14 Family Code.
22-15 Sec. 54.002. NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
22-16 MEMBER. The Department of Protective and Regulatory Services shall
22-17 provide prior notice to a nonabusive parent or adult member of a
22-18 household of the department's intent to file an application for a
22-19 protective order for a child or older person and shall request the
22-20 assistance of the person receiving the notice in developing a
22-21 safety plan for household members and the child or older person for
22-22 whom the order is sought. The department shall exercise reasonable
22-23 safety precautions to protect the non-abusive parent or other
22-24 members of the household while providing notice or requesting their
22-25 assistance.
22-26 SECTION 24. Section 25.07(a), Penal Code, is amended to read
22-27 as follows:
23-1 (a) A person commits an offense if, in violation of an order
23-2 issued under Section 3.581, Section 71.11, or Section 71.12, Family
23-3 Code, the person knowingly or intentionally:
23-4 (1) commits family violence;
23-5 (2) <directly> communicates:
23-6 (A) directly with a member of the family or
23-7 household in a threatening or harrassing manner;
23-8 (B) <, communicates> a threat through any person
23-9 to a member of the family or household;<,> and
23-10 (C) <, if the order prohibits any communication
23-11 with a member of the family or household, communicates> in any
23-12 manner with the member of the family or household, except through
23-13 the person's attorney or a person appointed by the court, if the
23-14 order prohibits any communication with a member of the family or
23-15 household; <or>
23-16 (3) goes to or near any of the following places as
23-17 specifically described in the protective order:
23-18 (A) the residence or place of employment or
23-19 business of a member of the family or household; or
23-20 (B) any child care facility, residence, or
23-21 school where a child protected by the protective order normally
23-22 resides or attends;
23-23 (4) engages in conduct directed specifically toward a
23-24 person who is a member of the family or household, including
23-25 following the person, that is reasonably likely to harass, annoy,
23-26 alarm, abuse, torment, or embarrass that person;
23-27 SECTION 25. Article 5.04(c), Code of Criminal Procedure, is
24-1 amended to read as follows:
24-2 (c) A written notice required by Subsection (b) of this
24-3 article is sufficient if it is in substantially the following form
24-4 with the required information in English and in Spanish inserted in
24-5 the notice:
24-6 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
24-7 "It is a crime for any person to cause you any physical
24-8 injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
24-9 YOUR FAMILY OR HOUSEHOLD.
24-10 "Please tell the investigating peace officer:
24-11 "IF you, your child or any other household resident has been
24-12 injured; or
24-13 "IF you feel you are going to be in danger when the officer
24-14 leaves or later.
24-15 "You have the right to:
24-16 "ASK the local prosecutor to file criminal complaint against
24-17 the person committing family violence; and
24-18 "APPLY to a court for an order to protect you (you should
24-19 consult a legal aid office, a prosecuting attorney, or a private
24-20 attorney). You cannot be charged a fee by a court in connection
24-21 with filing, serving, or entering a protective order. For example,
24-22 the court can enter an order that:
24-23 "(1) the abuser not commit further acts of violence;
24-24 "(2) The abuser not threaten, harass, or contact you at
24-25 home;
24-26 (3) directs the abuser to leave your household; and
24-27 (4) establishes temporary custody of the children and
25-1 directs the abuser not to interfere with the children or any
25-2 property.
25-3 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
25-4 PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
25-5 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
25-6 IF YOU NEED PROTECTION:
25-7 "______________
25-8 "______________."
25-9 SECTION 26. Sections 3.582, 3.583, 71.04(d), (e), and (f),
25-10 71.07(i), and 71.13(b) and (c), Family Code, are repealed.
25-11 SECTION 27. (a) This Act takes effect September 1, 1995.
25-12 (b) The change in law made by this Act applies only to an
25-13 application for a protective order made on or after that date. An
25-14 application for a protective order made before the effective date
25-15 of this Act is governed by the law in effect at the time the
25-16 application was made, and the former law is continued in effect for
25-17 that purpose.
25-18 (c) The change in law made by this Act applies only to an
25-19 offense committed on or after the effective date of this Act. For
25-20 purposes of this section, an offense is committed before the
25-21 effective date of this Act if any element of the offense occurs
25-22 before that date.
25-23 (d) An offense committed before the effective date of this
25-24 Act is covered by the law in effect when the offense was committed,
25-25 and the former law is continued in effect for that purpose.
25-26 SECTION 28. The importance of this legislation and the
25-27 crowded condition of the calendars in both houses create an
26-1 emergency and an imperative public necessity that the
26-2 constitutional rule requiring bills to be read on three several
26-3 days in each house be suspended, and this rule is suspended.