1-1  By:  Brown, Moncrief                                   S.B. No. 283
    1-2        (In the Senate - Filed January 23, 1995; January 24, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  January 31, 1995, reported favorably by the following vote:  Yeas
    1-5  7, Nays 0; January 31, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the authority of certain prosecuting attorneys to apply
    1-9  for a protective order.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subsection (c), Section 71.04, Family Code, is
   1-12  amended to read as follows:
   1-13        (c)  The county attorney or the criminal district attorney is
   1-14  the prosecuting attorney responsible for filing applications under
   1-15  this chapter unless the<.  The> district attorney assumes <may
   1-16  assume> the responsibility by giving notice of that assumption to
   1-17  the county attorney.  The prosecuting attorney responsible for
   1-18  filing applications under this chapter shall provide notice of that
   1-19  responsibility to all law enforcement agencies within the
   1-20  jurisdiction of the prosecuting attorney.  The application is to be
   1-21  filed as provided by Article 5.06, Code of Criminal Procedure.
   1-22        SECTION 2.  Article 5.06, Code of Criminal Procedure, is
   1-23  amended by adding Subsection (c) to read as follows:
   1-24        (c)  The prosecuting attorney having responsibility under
   1-25  Section 71.04(c), Family Code, for filing applications for
   1-26  protective orders under Chapter 71, Family Code, shall provide
   1-27  notice of that responsibility to all law enforcement agencies
   1-28  within the jurisdiction of the prosecuting attorney.
   1-29        SECTION 3.  This Act takes effect September 1, 1995.
   1-30        SECTION 4.  The importance of this legislation and the
   1-31  crowded condition of the calendars in both houses create an
   1-32  emergency and an imperative public necessity that the
   1-33  constitutional rule requiring bills to be read on three several
   1-34  days in each house be suspended, and this rule is hereby suspended.
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