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.
1-35 * * * * *