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