By Brown                                               S.B. No. 283
       74R1423 JMM-D
                                 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.  Section 71.04(c), Family Code, is amended to read
    1-6  as follows:
    1-7        (c)  The county attorney or the criminal district attorney is
    1-8  the prosecuting attorney responsible for filing applications under
    1-9  this chapter unless the<.  The> district attorney assumes <may
   1-10  assume> the responsibility by giving notice of that assumption to
   1-11  the county attorney.  The prosecuting attorney responsible for
   1-12  filing applications under this chapter shall provide notice of that
   1-13  responsibility to all law enforcement agencies within the
   1-14  jurisdiction of the prosecuting attorney.  The application is to be
   1-15  filed as provided by Article 5.06, Code of Criminal Procedure.
   1-16        SECTION 2.  Article 5.06, Code of Criminal Procedure, is
   1-17  amended by adding Subsection (c) to read as follows:
   1-18        (c)  The prosecuting attorney having responsibility under
   1-19  Section 71.04(c), Family Code, for filing applications for
   1-20  protective orders under Chapter 71, Family Code, shall provide
   1-21  notice of that responsibility to all law enforcement agencies
   1-22  within the jurisdiction of the prosecuting attorney.
   1-23        SECTION 3.  This Act takes effect September 1, 1995.
   1-24        SECTION 4.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.