S.B. No. 283
AN ACT
1-1 relating to the authority of certain prosecuting attorneys to apply
1-2 for a protective order.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 71.04, Family Code, is
1-5 amended to read as follows:
1-6 (c) The county attorney or the criminal district attorney is
1-7 the prosecuting attorney responsible for filing applications under
1-8 this chapter unless the<. The> district attorney assumes <may
1-9 assume> the responsibility by giving notice of that assumption to
1-10 the county attorney. The prosecuting attorney responsible for
1-11 filing applications under this chapter shall provide notice of that
1-12 responsibility to all law enforcement agencies within the
1-13 jurisdiction of the prosecuting attorney. The application is to be
1-14 filed as provided by Article 5.06, Code of Criminal Procedure.
1-15 SECTION 2. Article 5.06, Code of Criminal Procedure, is
1-16 amended by adding Subsection (c) to read as follows:
1-17 (c) The prosecuting attorney having responsibility under
1-18 Section 71.04(c), Family Code, for filing applications for
1-19 protective orders under Chapter 71, Family Code, shall provide
1-20 notice of that responsibility to all law enforcement agencies
1-21 within the jurisdiction of the prosecuting attorney.
1-22 SECTION 3. This Act takes effect September 1, 1995.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.