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.