By Thompson, Danburg                                  H.B. No. 1632
       74R3735 JMM-F
                                 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 Sections 3.522 and 3.523 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 order is not available at the time of filing, a statement that
   1-18  a copy of the order will be filed with the court before any hearing
   1-19  must be attached.
   1-20        Sec. 3.523.  CONTINUING DUTY TO INFORM COURT OF OTHER
   1-21  PROCEEDINGS.  (a)  Each party to a suit for the dissolution of a
   1-22  marriage shall, at any hearing held in the suit, inform the court
   1-23  of any pending or finalized civil or criminal proceeding known to
   1-24  the party concerning the party or a child of the party that may be
    2-1  relevant to the decision of the court in the suit, including:
    2-2              (1)  a proceeding to obtain or modify a protective
    2-3  order under Chapter 71 or Section 3.581;
    2-4              (2)  any civil litigation;
    2-5              (3)  a proceeding in juvenile court;
    2-6              (4)  a proceeding by the Department of Protective and
    2-7  Regulatory Services; or
    2-8              (5)  any criminal proceeding.
    2-9        (b)  A party providing information to a court under this
   2-10  section shall provide the case name, file number, and the county
   2-11  and state of the proceeding, if known to the party.
   2-12        (c)  On the request of a party, the court may protect the
   2-13  confidentiality of information provided to the court under this
   2-14  section in the manner provided by Section 71.111.
   2-15        SECTION 2.  Section 3.581, Family Code, is amended to read as
   2-16  follows:
   2-17        Sec. 3.581.  PROTECTIVE ORDERS.  <(a)>  On the motion of any
   2-18  party to a suit for divorce or annulment or to declare a marriage
   2-19  void, the court may issue a protective order as provided by Section
   2-20  71.06 <Sections 71.10(a), 71.10(b), 71.10(c)(1) and (3), 71.11(b)
   2-21  and (c), 71.111, 71.14, and 71.16 of this code>.
   2-22        <(b)  An order may be made under this section only after
   2-23  notice to the party alleged to have committed family violence and a
   2-24  hearing.>
   2-25        <(c)  An order made under this section is valid for one year
   2-26  or the earliest of:>
   2-27              <(1)  the end of a period of less than one year
    3-1  specified in the order by the court;>
    3-2              <(2)  the date the order is vacated by the court; or>
    3-3              <(3)  the date the suit is dismissed.>
    3-4        <(d)  A spouse who has applied for a protective order under
    3-5  this section is entitled to a temporary ex parte order directed
    3-6  against the other spouse for the relief provided by and under the
    3-7  conditions established in Section 71.15 of this code.>
    3-8        <(e)  The date of expiration of an order made under this
    3-9  section must appear on the order.>
   3-10        <(f)  An order made under this section must be a separate
   3-11  document entitled "PROTECTIVE ORDER.">
   3-12        SECTION 3.  Sections 71.01(b)(2), (4), (5), and (6), Family
   3-13  Code, are amended to read as follows:
   3-14              (2)  "Family violence" means:
   3-15                    (A)  an act by a member of a family or household
   3-16  against another member of the family or household that is intended
   3-17  to result in physical harm, bodily injury, <or> assault, or sexual
   3-18  assault or that is a threat that reasonably places the member in
   3-19  fear of imminent physical harm, bodily injury, <or> assault, or
   3-20  sexual assault <excluding the reasonable discipline of a child by a
   3-21  person having that duty>; or
   3-22                    (B)  abuse, as that term is defined by Sections
   3-23  34.012(1)(C), (E), and (G) of this code, by a member of a family or
   3-24  household toward a child of the family or household.
   3-25              (4)  <"Former member of a household" means a person who
   3-26  previously lived in a household.>
   3-27              <(5)>  "Household" means a unit composed of persons
    4-1  living together in the same dwelling, whether or not they are
    4-2  related to each other.
    4-3              (5) <(6)>  "Member of a household" includes a person
    4-4  who previously lived in <former member of> a household.
    4-5        SECTION 4.  Section 71.04(b), Family Code, is amended to read
    4-6  as follows:
    4-7        (b)  An application may be filed by:
    4-8              (1)  an adult member of a family or household for the
    4-9  protection of the applicant or for any other member of the family
   4-10  or household;
   4-11              (2)  any adult for the protection of a child member of
   4-12  a family or household; <or>
   4-13              (3)  any prosecuting attorney who represents the state
   4-14  in a district or statutory county court in the county in which
   4-15  venue of the application is proper for the protection of any person
   4-16  alleged to be a victim of family violence; or
   4-17              (4)  the Department of Protective and Regulatory
   4-18  Services for the protection of a member of a family or household.
   4-19        SECTION 5.  Chapter 71, Family Code, is amended by adding
   4-20  Section 71.041 to read as follows:
   4-21        Sec. 71.041.  FEES AND COSTS.  (a)  The fee for filing an
   4-22  application for a protective order is $16 and is payable to the
   4-23  clerk of the court in which the application is filed.
   4-24        (b)  The fee charged an applicant for service of a protective
   4-25  order notice or order may not be more than:
   4-26              (1)  $20 if the notice is served in person; or
   4-27              (2)  the cost of postage if the service is by
    5-1  registered or certified mail.
    5-2        (c)  An applicant for a protective order may not be assessed
    5-3  a fee, cost, charge, or expense by a clerk of the court or another
    5-4  public official in connection with the protective order other than
    5-5  the fees provided by Subsections (a) and (b).  The total amount of
    5-6  the fees permitted under this section and under this chapter may
    5-7  not exceed $36 for an applicant.  A fee may not be charged to an
    5-8  applicant to dismiss, modify, or withdraw a protective order.
    5-9        (d)  An applicant who is unable to pay the filing fee and
   5-10  other costs as provided by this section may file with the court an
   5-11  affidavit of inability to pay under the procedures, to the extent
   5-12  that they apply, provided by the Texas Rules of Civil Procedure.
   5-13  On the filing of an affidavit of inability to pay by the applicant,
   5-14  a clerk of the court may not, under any circumstances, reject an
   5-15  application for a protective order.
   5-16        (e)  Except on a showing of indigency by the respondent, a
   5-17  court shall require in a protective order that the respondent
   5-18  against whom an order is rendered_pay the standard fees charged by
   5-19  the clerk of the court as in a general civil proceeding for the
   5-20  cost of service of the order, the costs of court, and all other
   5-21  fees, charges, or expenses incurred in connection with the
   5-22  protective order.
   5-23        (f)  The clerk of a court who receives money according to a
   5-24  protective order from a respondent shall reimburse the applicant
   5-25  for any fee paid by the applicant under this chapter to the extent
   5-26  of the amount received by the clerk.
   5-27        (g)  A respondent who is ordered to pay costs or to reimburse
    6-1  an applicant under Subsection (f) who does not pay the costs or
    6-2  reimburse the applicant before the 60th day after the date the
    6-3  order was rendered may be punished for contempt of court as
    6-4  provided by Section 21.002, Government Code.
    6-5        (h)  The court may assess a reasonable attorney's fee as
    6-6  compensation for the services of a private or prosecuting attorney
    6-7  representing an applicant against the party who is found to have
    6-8  committed family violence.  In setting the amount of the fee, the
    6-9  court shall consider the income and ability to pay of the person
   6-10  against whom the fee is assessed.  The amount of fees collected
   6-11  under this subsection as compensation for the fees of a prosecuting
   6-12  attorney shall be paid to the credit of the county fund from which
   6-13  the salaries of employees of the prosecuting attorney are paid or
   6-14  supplemented.
   6-15        SECTION 6.  Sections 71.05(b)-(g), Family Code, are amended
   6-16  to read as follows:
   6-17        (b)  <If an application requests a protective order for a
   6-18  spouse and alleges that the other spouse has committed family
   6-19  violence, the application must state that no suit for the
   6-20  dissolution of the marriage of the spouses is pending.>
   6-21        <(c)>  If an applicant is a former spouse of an individual
   6-22  alleged to have committed family violence:
   6-23              (1)  a copy of the decree dissolving the marriage must
   6-24  be attached to the application; or
   6-25              (2)  the application must state that the decree is
   6-26  unavailable to the applicant and that a copy of the decree will be
   6-27  filed with the court before the  hearing on the application.
    7-1        (c) <(d)>  If an application requests a protective order for
    7-2  a child who is subject to the continuing jurisdiction of a court
    7-3  under Subtitle A, Title 2, of this code or alleges that a child who
    7-4  is subject to the continuing jurisdiction of a court under Subtitle
    7-5  A, Title 2, of this code has committed family violence:
    7-6              (1)  a copy of the court orders affecting the
    7-7  conservatorship, possession, and support of or the access to the
    7-8  child must be filed with the application; or
    7-9              (2)  the application must state that the orders
   7-10  affecting the child are unavailable to the applicant and that a
   7-11  copy of the orders will be filed with the court before the hearing
   7-12  on the application.
   7-13        (d) <(e)>  If the application requests the issuance of a
   7-14  temporary ex parte order under Section 71.15 of this code, the
   7-15  application must:
   7-16              (1)  contain a detailed description of the facts and
   7-17  circumstances concerning the alleged family violence and the need
   7-18  for immediate protective orders; and
   7-19              (2)  be signed by each applicant under an oath that the
   7-20  facts and circumstances contained in the application are true to
   7-21  the best knowledge and belief of each applicant.
   7-22        (e) <(f)>  If an application requests a protective order and
   7-23  alleges that the respondent has violated a former protective order
   7-24  protecting the applicant by committing an act prohibited by the
   7-25  former order under Section 71.11(b) of this code and that the
   7-26  former protective order has expired since the alleged violation
   7-27  occurred, the application for the protective order must include:
    8-1              (1)  a copy of the former protective order attached to
    8-2  the application or a statement that the order is unavailable to the
    8-3  applicant and that a copy of the order will be filed with the court
    8-4  before the hearing on the application;
    8-5              (2)  a description of the violation of the former
    8-6  protective order; and
    8-7              (3)  a statement that the violation of the former order
    8-8  described in the application has not been grounds for any other
    8-9  order protecting the applicant that has been issued or requested
   8-10  under this section.
   8-11        (f) <(g)>  The procedural requirements relating to a
   8-12  protective order under this chapter, including the application
   8-13  under Section 71.04 of this code and service under Section 71.07 of
   8-14  this code, apply to a protective order under Subsection (e) <(f)>
   8-15  of this section.
   8-16        SECTION 7.  Section 71.06, Family Code, is amended to read as
   8-17  follows:
   8-18        Sec. 71.06.  APPLICATION FILED DURING SUIT FOR DISSOLUTION OF
   8-19  MARRIAGE.  (a)  A person who is a party to a pending suit for the
   8-20  dissolution of a marriage and who wishes to apply for a protective
   8-21  order involving the relationship between the spouses or their
   8-22  respective rights, duties, or powers may <must> file an application
   8-23  for the order under this chapter as a motion in the suit or as a
   8-24  separate application <under Section 3.581 of this code>.
   8-25        (b)  The requirements of service of notice under Section
   8-26  71.07 do not apply if the application is filed as a motion in a
   8-27  suit for the dissolution of a marriage.  Notice is given in the
    9-1  same manner as in any other motion in a suit for the dissolution of
    9-2  a marriage.
    9-3        (c) <(b)>  A court shall accept <dismiss> an application
    9-4  filed under this chapter by a party to a pending suit for
    9-5  dissolution of marriage <and shall advise the applicant that the
    9-6  applicant may file an application under Section 3.581 of this
    9-7  code>.
    9-8        (d)  A protective order entered as an order in a suit for
    9-9  dissolution of a marriage must be in a document separate from other
   9-10  orders or temporary orders and shall be entitled "PROTECTIVE
   9-11  ORDER."
   9-12        (e)  Except as provided by Subsection (f), in the event of a
   9-13  conflict between an order entered by a court having jurisdiction of
   9-14  a suit for dissolution of a marriage or a suit affecting the
   9-15  parent-child relationship and an order entered by a court having
   9-16  jurisdiction over a proceeding for a protective order, the last
   9-17  order entered prevails, during the time the order is valid, over
   9-18  any previously rendered order.
   9-19        (f)  An order of a court having jurisdiction of a suit for
   9-20  dissolution of a marriage or a suit affecting the parent-child
   9-21  relationship does not prevail over that portion of an order made
   9-22  under this title that is in effect and that relates to the parties
   9-23  to the suit for the dissolution of the marriage or suit affecting
   9-24  the parent-child relationship and prohibits one of the parties
   9-25  from:
   9-26              (1)  committing family violence;
   9-27              (2)  communicating:
   10-1                    (A)  directly with a member of the family or
   10-2  household in a threatening or harassing manner;
   10-3                    (B)  a threat through any person to a member of
   10-4  the family or household; or
   10-5                    (C)  if the order prohibits any communication
   10-6  with a member of the family or household, in any manner with the
   10-7  member of the family or household except through the person's
   10-8  attorney or person appointed by the court;
   10-9              (3)  going to or near the place of employment or
  10-10  business of a member of the family or household;
  10-11              (4)  going to or near the residence, child care
  10-12  facility, or school where a child protected by the order normally
  10-13  resides or attends; or
  10-14              (5)  engaging in conduct directed specifically toward a
  10-15  person who is a member of the family or household, including
  10-16  following the person, that is reasonably likely to harass, annoy,
  10-17  alarm, abuse, torment, or embarrass the person.
  10-18        SECTION 8.  Section 71.08, Family Code, is amended to read as
  10-19  follows:
  10-20        Sec. 71.08.  ANSWER.  A respondent <An individual> served
  10-21  with notice of an application for a protective order may but is not
  10-22  required to file a written answer to the application.  The answer
  10-23  may be filed at any time before the hearing.
  10-24        SECTION 9.  Sections 71.09(b), (c), and (e), Family Code, are
  10-25  amended to read as follows:
  10-26        (b)  If a respondent <person> entitled to service of a notice
  10-27  of application for a protective order receives the service within
   11-1  48 hours before the time set for the hearing, the court, on a
   11-2  request from the respondent <person>, shall reschedule the hearing
   11-3  for a date not later than 14 days after the date set for the
   11-4  hearing.  The respondent <person> is not entitled to additional
   11-5  service for the rescheduled hearing.
   11-6        (c)  If a hearing set under Subsection (a) of this section is
   11-7  not held because of the failure of a respondent <party> to receive
   11-8  service of a notice of application for a protective order, the
   11-9  applicant may request the court to reschedule the hearing.  Except
  11-10  as provided by Subsection (d) of this section, the date for a
  11-11  rescheduled hearing under this subsection must be not later than 14
  11-12  days after the date on which the request is made.
  11-13        (e)  A court may issue an order relating to an application
  11-14  for a protective order that is binding on a respondent <party> who
  11-15  does not attend a hearing under this section if the absent
  11-16  respondent <party> received notice of the application.  This
  11-17  subsection applies to a respondent <party> who receives notice
  11-18  within 48 hours before the time set for a hearing if the respondent
  11-19  <party> does not request that the hearing be rescheduled.
  11-20        SECTION 10.  Section 71.10, Family Code, is amended to read
  11-21  as follows:
  11-22        Sec. 71.10.  FINDINGS AND ORDERS.  (a)  At the close of a
  11-23  hearing on an application, the court shall find whether or not
  11-24  family violence has occurred and whether or not family violence is
  11-25  likely to occur again in the <foreseeable> future.
  11-26        (b)  If the court finds that family violence has occurred and
  11-27  that family violence is likely to occur again in the <foreseeable>
   12-1  future, the court shall enter a <may make any> protective order
   12-2  under Section 71.11(b) applying only to the respondent and may
   12-3  enter a protective order authorized under Section 71.11(a) applying
   12-4  to both the respondent and the applicant <by this chapter> that is
   12-5  in the best interest of the applicant, the family or household, or
   12-6  a member of the family or household.
   12-7        (c)  If the court finds that a respondent <person> violated a
   12-8  former protective order made under this chapter by committing an
   12-9  act prohibited by the former order under Section 71.11(b) of this
  12-10  code while the former order was in effect and that the former order
  12-11  is not currently in effect, the court, without finding whether
  12-12  family violence has occurred or whether family violence is likely
  12-13  to occur again in the <foreseeable> future, shall issue a
  12-14  protective order that is in the best interest of the applicant, the
  12-15  family or household, or a member of the family or household.
  12-16        <(d)  A protective order may apply only to a party to the
  12-17  proceeding who:>
  12-18              <(1)  the court finds has committed family violence and
  12-19  is likely to commit family violence in the foreseeable future;>
  12-20              <(2)  the court finds has violated a former protective
  12-21  order;>
  12-22              <(3)  has agreed to the order under Section 71.12(a) of
  12-23  this code; or>
  12-24              <(4)  is a respondent and has agreed to the order under
  12-25  Section 71.12(b) of this code.>
  12-26        SECTION 11.  Section 71.11, Family Code, is amended by
  12-27  amending Subsections (a), (b), and (f)-(j) to read as follows:
   13-1        (a)  In a protective order the court may:
   13-2              (1)  prohibit a party from:
   13-3                    (A)  removing a child member of the family or
   13-4  household from the possession of a person named in the court order
   13-5  or from the jurisdiction of the court; or
   13-6                    (B)  transferring, encumbering, or otherwise
   13-7  disposing of property mutually owned or leased by the parties,
   13-8  except when in the ordinary course of business;
   13-9              (2)  grant exclusive possession of a residence to a
  13-10  party and, if appropriate, direct one or more other parties to
  13-11  vacate the residence if:
  13-12                    (A)  the residence is jointly owned or leased by
  13-13  the party receiving exclusive possession and by some other party
  13-14  denied possession;
  13-15                    (B)  the residence is owned or leased by the
  13-16  party retaining possession; or
  13-17                    (C)  the residence is owned or leased by the
  13-18  party denied possession but only if that party has an obligation to
  13-19  support the party granted possession of the residence or a child of
  13-20  the party granted possession;
  13-21              (3)  provide for possession of and access to a child of
  13-22  a party if the person receiving possession of or access to the
  13-23  child is a parent, as that term is defined by Section 11.01 of this
  13-24  code, of the child;
  13-25              (4)  require the payment of support for a party or for
  13-26  a child of a party if the person required to make the payment has
  13-27  an obligation to support the other party or the child;
   14-1              (5)  require the respondent <one or more parties> to
   14-2  counsel with a social worker, family service agency, physician,
   14-3  psychologist, licensed marriage and family therapist, or licensed
   14-4  professional counselor, or to complete a batterer's treatment
   14-5  program;
   14-6              (6)  award to a party use and possession of specified
   14-7  property that is community property or jointly owned or leased;
   14-8  <or>
   14-9              (7)  prohibit the respondent <a party> from doing
  14-10  specified acts or require the respondent <a party> to do specified
  14-11  acts necessary or appropriate to prevent or reduce the likelihood
  14-12  of family violence;
  14-13              (8)  require the Department of Protective and
  14-14  Regulatory Services to provide services or take other action in
  14-15  relation to a party or member of the family or household;
  14-16              (9)  order the respondent to surrender each firearm, as
  14-17  defined by Section 46.01(3), Penal Code, in the possession of the
  14-18  respondent to a designated law enforcement agency to hold for the
  14-19  respondent during the time the protective order remains in effect;
  14-20  or
  14-21              (10)  prohibit the respondent from possessing a
  14-22  firearm, as defined by Section 46.01(3), Penal Code, during the
  14-23  time the protective order remains in effect.
  14-24        (b)  In a protective order the court may prohibit the
  14-25  respondent <a party> from:
  14-26              (1)  committing family violence;
  14-27              (2)  communicating:
   15-1                    (A)  directly with a member of the family or
   15-2  household in a threatening or harassing manner;
   15-3                    (B)  a threat through any person to a member of
   15-4  the family or household; and
   15-5                    (C)  on a finding of good cause, in any manner
   15-6  with a member of the family or household except through the party's
   15-7  attorney or a person appointed by the court;
   15-8              (3)  going to or near the residence or place of
   15-9  employment or business of a member of the family or household;
  15-10  <and>
  15-11              (4)  going to or near the residence, child care
  15-12  facility, or school where a child protected under the order
  15-13  normally resides or attends; or
  15-14              (5)  engaging in conduct directed specifically toward a
  15-15  person who is a member of the family or household, including
  15-16  following the person, that is reasonably likely to harass, annoy,
  15-17  alarm, abuse, torment, or embarrass that person.
  15-18        (f)  <Except on a showing of indigency by a person against
  15-19  whom a protective order is directed, the order shall require that
  15-20  the person:>
  15-21              <(1)  pay the cost of service of the order, the actual
  15-22  costs of court, the costs incurred by the clerk not paid by the
  15-23  applicant pursuant to Section 71.07, Family Code, and any other
  15-24  fees, charges, or expenses incurred in connection with the
  15-25  protective order; and>
  15-26              <(2)  reimburse the applicant for any fees paid by the
  15-27  applicant under this chapter by paying that amount to the clerk of
   16-1  the court.>
   16-2        <(g)  The clerk of a court who receives money according to a
   16-3  protective order from a person against whom the order is directed
   16-4  shall reimburse the applicant for any fees paid by the applicant
   16-5  under this chapter.>
   16-6        <(h)  A person who is ordered to pay costs or reimburse an
   16-7  applicant under Subsection (f) of this section who does not pay the
   16-8  costs or reimburse the applicant before the 60th day after the date
   16-9  the order was rendered may be punished for contempt of court by a
  16-10  fine in an amount not to exceed $500, or by confinement in jail for
  16-11  a term not to exceed six months, or both.>
  16-12        <(i)>  A respondent <party> for whom counseling or a
  16-13  batterer's treatment program is ordered under Subsection (a)(5) of
  16-14  this section and who does not provide to the court before the 60th
  16-15  day after the date the order was rendered an affidavit that the
  16-16  respondent <party> has started the counseling or the program or
  16-17  that the counseling or the program is not available within a
  16-18  reasonable distance of the respondent's <party's> residence may be
  16-19  punished for contempt of court as provided by Section 21.002,
  16-20  Government Code <by a fine in an amount not to exceed $500, or by
  16-21  confinement in jail for a term not to exceed six months, or both>.
  16-22  The order shall specifically advise the respondent <party> of this
  16-23  requirement and the possible punishment for failure to comply.
  16-24        <(j)  Any interested person may contest an affidavit of
  16-25  indigency filed under Subsection (f) of this section.>
  16-26        SECTION 12.  Chapter 71, Family Code, is amended by adding
  16-27  Section 71.112 to read as follows:
   17-1        Sec. 71.112.  CONTINUING DUTY TO INFORM COURT OF OTHER
   17-2  PROCEEDINGS.  (a)  Each party to a protective order shall, at any
   17-3  hearing held pertaining to the order, inform the court of any
   17-4  pending or finalized civil or criminal proceeding known to the
   17-5  party concerning the party or a member of the party's family or
   17-6  household, including:
   17-7              (1)  a proceeding to obtain or modify a protective
   17-8  order under this chapter or Section 3.581;
   17-9              (2)  any civil litigation;
  17-10              (3)  a proceeding in juvenile court;
  17-11              (4)  a proceeding by the Department of Protective and
  17-12  Regulatory Services; or
  17-13              (5)  any criminal proceeding.
  17-14        (b)  A party providing information to a court under this
  17-15  section shall provide the case name, file number, and the county
  17-16  and state of the proceeding, if known to the party.
  17-17        (c)  On the request of a party, the court may protect the
  17-18  confidentiality of information provided to the court under this
  17-19  section in the manner provided by Section 71.111.
  17-20        SECTION 13.  Sections 71.12(c) and (d), Family Code, are
  17-21  amended to read as follows:
  17-22        (c)  If all or part of an agreement under Subsection (a) or
  17-23  (b) of this section is approved by the court, the part of the
  17-24  agreement approved shall be attached to the protective order and
  17-25  become a part of the order of the court.
  17-26        (d)  <If all or part of an agreement by the respondent under
  17-27  Subsection (b) of this section is approved by the court, the part
   18-1  of the agreement approved shall be attached to the protective order
   18-2  and become a part of the order of the court.>  The court may
   18-3  approve an agreement or part of an agreement under Subsection (b)
   18-4  <this subsection> only if the agreement requires the respondent to
   18-5  do or refrain from doing an act under Section 71.11(b) of this
   18-6  code.  The court may not approve an agreement or part of an
   18-7  agreement under Subsection (b) <this subsection> that requires the
   18-8  applicant to do or refrain from doing an act under Section 71.11(b)
   18-9  of this code even if the applicant consents in the agreement to do
  18-10  or refrain from doing the act.
  18-11        SECTION 14.  Section 71.121, Family Code, is amended to read
  18-12  as follows:
  18-13        Sec. 71.121.  REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.
  18-14  (a)  <A court may not enter a single protective order that applies
  18-15  to both the respondent and the applicant unless the order embodies
  18-16  an agreement of the parties under Section 71.12(a) of this code.>
  18-17        <(b)>  To apply for a protective order against an applicant,
  18-18  a respondent must file a separate application under this chapter.
  18-19        (b) <(c)>  A court may not delay a hearing on an applicant's
  18-20  application for a protective order beyond the time provided by
  18-21  Section 71.09 of this code in order to consolidate it with a
  18-22  hearing on a subsequently filed <respondent's> application for a
  18-23  protective order <against the applicant>.
  18-24        (c)  A court may not enter a protective order that requires
  18-25  both the respondent and the applicant to do or refrain from doing
  18-26  an act under Section 71.11(b).
  18-27        (d)  A protective order that applies to the first applicant
   19-1  shall include a finding that the first applicant has committed
   19-2  family violence and is likely to commit family violence in the
   19-3  future.
   19-4        (e)  A court that enters separate protective orders under
   19-5  this section that apply to both parties and require both parties to
   19-6  do or refrain from doing an act under Section 71.11(b) shall issue
   19-7  two distinct and independent protective orders that reflect the
   19-8  appropriate conditions for each of the parties.
   19-9        (f)  A court that enters protective orders under this section
  19-10  that apply to both the respondent and the applicant and that
  19-11  require the respondent to do or refrain from doing an act under
  19-12  Section 71.11(b) shall issue the protective orders in two separate
  19-13  documents.  The court shall provide one of the documents to the
  19-14  applicant and the other to the respondent.
  19-15        SECTION 15.  Sections 71.15(h), (i), and (j), Family Code,
  19-16  are amended to read as follows:
  19-17        (h)  In order for an ex parte order excluding a person from
  19-18  the person's residence to be granted, the court must find from the
  19-19  required affidavit and testimony that:
  19-20              (1)  the applicant requesting the exclusion order
  19-21  either resides on the premises or has resided there within 30 days
  19-22  before the filing of the application;
  19-23              (2)  the person to be excluded has within the 30-day
  19-24  period preceding the filing of the application committed family
  19-25  violence against a member of the household; and
  19-26              (3)  there is a clear and present danger that the
  19-27  person to be excluded is likely to commit family violence against a
   20-1  member of the household <in the foreseeable future>.
   20-2        (i)  <On the request of a person obtaining an order that
   20-3  excludes another person from the other person's residence, the
   20-4  court that granted the order may order the sheriff or chief of
   20-5  police to provide a law enforcement officer from the department of
   20-6  the sheriff or the chief of police:>
   20-7              <(1)  to accompany the person obtaining the order to
   20-8  the residence covered by the order;>
   20-9              <(2)  to protect the person obtaining the order while
  20-10  the person takes possession of the residence; and>
  20-11              <(3)  if the person obtaining the order is unable to
  20-12  take possession of the residence because the person being excluded
  20-13  occupies the residence, to inform the person being excluded that
  20-14  the court has ordered the person excluded from the residence.>
  20-15        <(j)>  The court may stop the hearing to contact the
  20-16  respondent by telephone and provide the respondent an opportunity
  20-17  to be present when the court resumes the hearing.  Without regard
  20-18  to whether the respondent is able to be present at the hearing, the
  20-19  court shall resume the hearing before the end of the working day.
  20-20        SECTION 16.  Section 71.16(b), Family Code, is amended to
  20-21  read as follows:
  20-22        (b)  Each protective order issued under this chapter, except
  20-23  a temporary ex parte order, shall have the following statement
  20-24  printed in bold-faced type or in capital letters:
  20-25        "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  20-26  BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
  20-27  $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
   21-1  ONE YEAR <10 YEARS>, OR BOTH.  <FURTHER VIOLATIONS OF THIS ORDER
   21-2  MAY BE PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99
   21-3  YEARS.>  AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED
   21-4  AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS
   21-5  PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
   21-6  CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
   21-7        SECTION 17.  Sections 71.17(a) and (c), Family Code, are
   21-8  amended to read as follows:
   21-9        (a)  A protective order made under this chapter shall be
  21-10  delivered to the respondent <person to whom the order applies> in
  21-11  open court at the close of the hearing, or served by registered or
  21-12  certified mail, in accordance with Rule 21a, Texas Rules of Civil
  21-13  Procedure, or served in the same manner as a writ of injunction.
  21-14  If the respondent is present at the hearing, the judge or master
  21-15  shall sign the order and give a copy of the order to the
  21-16  respondent.  A copy of the signed order shall be given to the
  21-17  applicant at the time the order is given to the respondent.  If the
  21-18  papers are not ready or the order has not been reduced to writing
  21-19  and the respondent is present at the conclusion of the hearing, the
  21-20  judge or master shall give oral notice to the respondent of the
  21-21  portion of the order containing prohibitions provided under Section
  21-22  71.11(b) or of any other part of the order containing provisions
  21-23  necessary to prevent further family violence.  If the respondent is
  21-24  not present at the hearing and the written orders are ready at the
  21-25  conclusion of the hearing, the clerk of the court shall immediately
  21-26  provide a certified copy of the order to the applicant.  If the
  21-27  written orders are not ready at the conclusion of the hearing, the
   22-1  court shall sign the order not later than the third business day
   22-2  after the date the hearing is concluded and send the certified
   22-3  copies of the order to the respondent and applicant.
   22-4        (c)  If a protective order made under this chapter prohibits
   22-5  a respondent <person> from going to or near a child care facility
   22-6  or school under Section 71.11(b) of this code, the clerk of the
   22-7  court <party requesting the order> shall send a copy of the order
   22-8  to the child care facility or school.
   22-9        SECTION 18.  Section 71.18, Family Code, is amended by adding
  22-10  Subsections (c), (d), and (e) to read as follows:
  22-11        (c)  On the request of an applicant obtaining a temporary
  22-12  order that excludes the respondent from the respondent's residence,
  22-13  the court that granted the temporary order shall provide a written
  22-14  order to the sheriff or chief of police to provide a law
  22-15  enforcement officer from the department of the sheriff or chief of
  22-16  police:
  22-17              (1)  to accompany the applicant to the residence
  22-18  covered by the order;
  22-19              (2)  to inform the respondent that the court has
  22-20  ordered that the respondent be excluded from the residence;
  22-21              (3)  to protect the applicant while the applicant takes
  22-22  possession of the residence; and
  22-23              (4)  if the respondent refuses to vacate the residence,
  22-24  to protect the applicant while the applicant takes possession of
  22-25  the applicant's necessary personal property.
  22-26        (d)  On the request of an applicant obtaining a final order
  22-27  that excludes the respondent from the respondent's residence, the
   23-1  court that granted the final order shall provide a written order to
   23-2  the sheriff or chief of police to provide a law enforcement officer
   23-3  from the department of the sheriff or chief of police:
   23-4              (1)  to accompany the applicant to the residence
   23-5  covered by the order;
   23-6              (2)  to inform the respondent that the court has
   23-7  ordered that the respondent be excluded from the residence;
   23-8              (3)  to protect the applicant while the applicant takes
   23-9  possession of the residence and the respondent takes possession of
  23-10  the respondent's necessary personal property; and
  23-11              (4)  if the respondent refuses to vacate the residence:
  23-12                    (A)  to remove the respondent from the residence;
  23-13  and
  23-14                    (B)  to arrest the respondent for violating the
  23-15  court order.
  23-16        (e)  On the request of an applicant obtaining a final order
  23-17  that requires a respondent to surrender each firearm, as defined by
  23-18  Section 46.01(3), Penal Code, in the possession of the respondent
  23-19  to a designated law enforcement agency to hold for the respondent
  23-20  during the time the protective order remains in effect, the court
  23-21  that granted the final order shall provide a written order to the
  23-22  sheriff or chief of police to provide a law enforcement officer
  23-23  from the department of the sheriff or chief of police to:
  23-24              (1)  take possession of the respondent's firearm;  and
  23-25              (2)  if the respondent refuses to surrender the
  23-26  firearm, to arrest the respondent for violating the court order.
  23-27        SECTION 19.  Section 118.131, Local Government Code, is
   24-1  amended by adding Subsection (i) to read as follows:
   24-2        (i)  The commissioners court may not assess an applicant a
   24-3  fee for service of notice of an application for a protective order
   24-4  for more than the amount provided in Section 71.041(b), Family
   24-5  Code.
   24-6        SECTION 20.  Section 51.303, Government Code, is amended by
   24-7  adding Subsection (f) to read as follows:
   24-8        (f)  In addition to the other powers and duties of this
   24-9  section, a district clerk shall accept applications for protective
  24-10  orders under Chapter 71, Family Code.
  24-11        SECTION 21.  Section 51.402, Government Code, is amended by
  24-12  adding Subsection (d) to read as follows:
  24-13        (d)  In addition to the other powers and duties of this
  24-14  section, a county clerk that serves as the clerk for a court having
  24-15  jurisdiction of applications for protective orders under Chapter
  24-16  71, Family Code, shall accept those applications.
  24-17        SECTION 22.  Subtitle E, Title 2, Human Resources Code, is
  24-18  amended by adding Chapter 54 to read as follows:
  24-19        CHAPTER 54.  PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF 
  24-20                  PROTECTIVE AND REGULATORY SERVICES
  24-21        Sec. 54.001.  PROTECTIVE ORDERS.  The Department of
  24-22  Protective and Regulatory Services shall adopt rules to provide
  24-23  procedures for the filing of protective orders for the protection
  24-24  of a member of a family or household as provided by Section 71.04,
  24-25  Family Code.
  24-26        Sec. 54.002.  NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
  24-27  MEMBER.  The Department of Protective and Regulatory Services shall
   25-1  provide notice to a nonabusive parent or adult member of a
   25-2  household of the department's intent to file an application for a
   25-3  protective order for a child or older person and shall request the
   25-4  assistance of the person receiving the notice in developing a
   25-5  safety plan for household members and the child or older person for
   25-6  whom the order is sought.
   25-7        SECTION 23.  Section 25.07(a), Penal Code, is amended to read
   25-8  as follows:
   25-9        Sec. 25.07.  VIOLATION OF A PROTECTIVE ORDER.  (a)  A person
  25-10  commits an offense if, in violation of an order issued under
  25-11  Section 3.581, Section 71.11, or Section 71.12, Family Code, the
  25-12  person knowingly or intentionally:
  25-13              (1)  commits family violence;
  25-14              (2)  <directly> communicates:
  25-15                    (A)  directly with a member of the family or
  25-16  household in a threatening or harrassing manner;
  25-17                    (B)  <, communicates> a threat through any person
  25-18  to a member of the family or household;<,> and
  25-19                    (C)  <,> if the order prohibits any communication
  25-20  with a member of the family or household, <communicates> in any
  25-21  manner with the member of the family or household except through
  25-22  the person's attorney or a person appointed by the court; <or>
  25-23              (3)  goes to or near any of the following places as
  25-24  specifically described in the protective order:
  25-25                    (A)  the residence or place of employment or
  25-26  business of a member of the family or household; or
  25-27                    (B)  any child care facility, residence, or
   26-1  school where a child protected by the protective order normally
   26-2  resides or attends;
   26-3              (4)  engages in conduct directed specifically toward a
   26-4  person who is a member of the family or household, including
   26-5  following the person, that is reasonably likely to harass, annoy,
   26-6  alarm, abuse, torment, or embarrass that person;
   26-7              (5)  if the order prohibits the person from possessing
   26-8  a firearm, possesses a firearm during the time the protective order
   26-9  is in effect; or
  26-10              (6)  if the order requires the person to surrender a
  26-11  firearm, refuses to surrender a firearm to a designated law
  26-12  enforcement agency.
  26-13        SECTION 24.  Sections 3.582, 3.583, 71.04(d), (e), and (f),
  26-14  71.07(i), and 71.13(b) and (c), Family Code, are repealed.
  26-15        SECTION 25.  (a)  This Act takes effect September 1, 1995.
  26-16        (b)  The change in law made by this Act applies only to an
  26-17  application for a protective order made on or after that date.  An
  26-18  application for a protective order made before the effective date
  26-19  of this Act is governed by the law in effect at the time the
  26-20  application was made, and the former law is continued in effect for
  26-21  that purpose.
  26-22        (c)  The change in law made by this Act applies only to an
  26-23  offense committed on or after the effective date of this Act.  For
  26-24  purposes of this section, an offense is committed before the
  26-25  effective date of this Act if any element of the offense occurs
  26-26  before that date.
  26-27        (d)  An offense committed before the effective date of this
   27-1  Act is covered by the law in effect when the offense was committed,
   27-2  and the former law is continued in effect for that purpose.
   27-3        SECTION 26.  The importance of this legislation and the
   27-4  crowded condition of the calendars in both houses create an
   27-5  emergency and an imperative public necessity that the
   27-6  constitutional rule requiring bills to be read on three several
   27-7  days in each house be suspended, and this rule is hereby suspended.