By Goodman H.B. No. 1441 75R6547 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the recodification of statutes relating to protective 1-3 orders and family violence. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Family Code is recodified by reenacting Title 1-6 4 to read as follows: 1-7 TITLE 4. PROTECTIVE ORDERS AND 1-8 FAMILY VIOLENCE 1-9 SUBTITLE A. GENERAL PROVISIONS 1-10 CHAPTER 71. DEFINITIONS 1-11 Sec. 71.001. APPLICABILITY OF DEFINITIONS. (a) Definitions 1-12 in this chapter apply to this title. 1-13 (b) If, in another part of this title, a term defined by 1-14 this chapter has a meaning different from the meaning provided by 1-15 this chapter, the meaning of that other provision prevails. 1-16 (c) Except as provided by this chapter, the definitions in 1-17 Chapter 101 apply to terms used in this title. 1-18 Sec. 71.002. COURT. "Court" means the district court, court 1-19 of domestic relations, juvenile court having the jurisdiction of a 1-20 district court, statutory county court, or other court expressly 1-21 given jurisdiction under this title. 1-22 Sec. 71.003. FAMILY. "Family" includes individuals related 1-23 by consanguinity or affinity, as determined under Sections 573.022 1-24 and 573.024, Government Code, individuals who are former spouses of 2-1 each other, individuals who are the biological parents of the same 2-2 child, without regard to marriage, and a foster child and foster 2-3 parent, without regard to whether those individuals reside 2-4 together. 2-5 Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: 2-6 (1) an act by a member of a family or household 2-7 against another member of the family or household that is intended 2-8 to result in physical harm, bodily injury, assault, or sexual 2-9 assault or that is a threat that reasonably places the member in 2-10 fear of imminent physical harm, bodily injury, assault, or sexual 2-11 assault, but does not include defensive measures to protect 2-12 oneself; or 2-13 (2) abuse, as that term is defined by Sections 2-14 261.001(1)(C), (E), and (G) by a member of a family or household 2-15 toward a child of the family or household. 2-16 Sec. 71.005. HOUSEHOLD. "Household" means a unit composed 2-17 of persons living together in the same dwelling, without regard to 2-18 whether they are related to each other. 2-19 Sec. 71.006. MEMBER OF A HOUSEHOLD. "Member of a household" 2-20 includes a person who previously lived in a household. 2-21 Sec. 71.007. PROSECUTING ATTORNEY. "Prosecuting attorney" 2-22 means the attorney, determined as provided in this chapter, who 2-23 represents the state in a district or statutory county court in the 2-24 county in which venue of the application for a protective order is 2-25 proper. 3-1 SUBTITLE B. PROTECTIVE ORDERS 3-2 CHAPTER 81. GENERAL PROVISIONS 3-3 Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall 3-4 render a protective order as provided by Section 85.001(b) if the 3-5 court finds that family violence has occurred and is likely to 3-6 occur in the future. 3-7 Sec. 81.002. NO FEE FOR APPLICANT. (a) An applicant for a 3-8 protective order may not be assessed a fee, cost, charge, or 3-9 expense by a clerk of the court or other public official in 3-10 connection with the filing, servicing, or entering of a protective 3-11 order. 3-12 (b) A fee may not be charged to an applicant to dismiss, 3-13 modify, or withdraw a protective order. 3-14 Sec. 81.003. FEES AND COSTS PAID BY RESPONDENT. Except on a 3-15 showing of the indigence of the respondent by the respondent, the 3-16 court shall require in a protective order that the respondent 3-17 against whom the order is rendered pay the $16 protective order 3-18 fee, the standard fees charged by the clerk of the court in a 3-19 general civil proceeding for the cost of serving the order, the 3-20 costs of court, and all other fees, charges, or expenses incurred 3-21 in connection with the protective order. 3-22 Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. A respondent 3-23 who is ordered to pay fees and costs and who does not pay before 3-24 the 60th day after the date the order was rendered may be punished 3-25 for contempt of court as provided by Section 21.002, Government 3-26 Code. 3-27 Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess 4-1 reasonable attorney's fees against the party found to have 4-2 committed family violence as compensation for the services of a 4-3 private or prosecuting attorney or an attorney employed by the 4-4 Department of Protective and Regulatory Services. 4-5 (b) In setting the amount of attorney's fees, the court 4-6 shall consider the income and ability to pay of the person against 4-7 whom the fee is assessed. 4-8 Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees 4-9 collected under this chapter as compensation for the fees: 4-10 (1) of a private attorney shall be paid to the private 4-11 attorney who may enforce the order for fees in the attorney's own 4-12 name; 4-13 (2) of a prosecuting attorney shall be paid to the 4-14 credit of the county fund from which the salaries of the employees 4-15 of the prosecuting attorney are paid or supplemented; and 4-16 (3) of an attorney employed by the Department of 4-17 Protective and Regulatory Services shall be deposited in the 4-18 general revenue fund to the credit of the Department of Protective 4-19 and Regulatory Services. 4-20 Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney 4-21 or the criminal district attorney is the prosecuting attorney 4-22 responsible for filing applications under this subtitle unless the 4-23 district attorney assumes the responsibility by giving notice of 4-24 that assumption to the county attorney. 4-25 (b) The prosecuting attorney responsible for filing an 4-26 application under this subtitle shall provide notice of that 4-27 responsibility to all law enforcement agencies in the jurisdiction 5-1 of the prosecuting attorney. 5-2 (c) The prosecuting attorney shall comply with Article 5.06, 5-3 Code of Criminal Procedure, in filing an application under this 5-4 subtitle. 5-5 Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this 5-6 subtitle, the relief and remedies provided by this subtitle are 5-7 cumulative of other relief and remedies provided by law. 5-8 CHAPTER 82. APPLYING FOR PROTECTIVE ORDER 5-9 SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER 5-10 Sec. 82.001. APPLICATION. A proceeding under this subtitle 5-11 is begun by filing "An Application for a Protective Order" with the 5-12 clerk of the court. 5-13 Sec. 82.002. WHO MAY FILE APPLICATION. (a) An application 5-14 for a protective order to protect the applicant or any other member 5-15 of the applicant's family or household may be filed by: 5-16 (1) an adult member of the family or household; or 5-17 (2) any adult for the protection of a child member of 5-18 the family or household. 5-19 (b) In addition, an application may be filed for the 5-20 protection of any person alleged to be a victim of family violence 5-21 by: 5-22 (1) a prosecuting attorney; or 5-23 (2) the Department of Protective and Regulatory 5-24 Services. 5-25 (c) The person alleged to be the victim of family violence 5-26 in an application filed under Subsection (b) is considered to be 5-27 the applicant for a protective order under this subtitle. 6-1 Sec. 82.003. VENUE. An application may be filed in: 6-2 (1) the county in which the applicant resides; or 6-3 (2) the county in which the respondent resides. 6-4 Sec. 82.004. CONTENTS OF APPLICATION. An application must 6-5 state: 6-6 (1) the name and county of residence of each 6-7 applicant; 6-8 (2) the name, address, and county of residence of each 6-9 individual alleged to have committed family violence; 6-10 (3) the relationships between the applicants and the 6-11 individual alleged to have committed family violence; and 6-12 (4) a request for one or more protective orders. 6-13 Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION 6-14 OF MARRIAGE. (a) A person who wishes to apply for a protective 6-15 order with respect to the person's spouse and who is a party to a 6-16 suit for the dissolution of a marriage that is pending in a court 6-17 must file the application as a motion in that suit. 6-18 (b) An applicant denied a protective order filed as a motion 6-19 in a suit for dissolution of a marriage may not apply for a 6-20 protective order in another court based on facts identical to the 6-21 facts stated in the previous application. 6-22 Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF 6-23 MARRIAGE. If an applicant for a protective order is a former 6-24 spouse of the individual alleged to have committed family violence, 6-25 the application must include: 6-26 (1) a copy of the decree dissolving the marriage; or 6-27 (2) a statement that the decree is unavailable to the 7-1 applicant and that a copy of the decree will be filed with the 7-2 court before the hearing on the application. 7-3 Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO 7-4 CONTINUING JURISDICTION. An application that requests a protective 7-5 order for a child who is subject to the continuing exclusive 7-6 jurisdiction of a court under Title 5 or alleges that a child who 7-7 is subject to the continuing exclusive jurisdiction of a court 7-8 under Title 5 has committed family violence must include: 7-9 (1) a copy of each court order affecting the 7-10 conservatorship, support, and possession of or access to the child; 7-11 or 7-12 (2) a statement that the orders affecting the child 7-13 are unavailable to the applicant and that a copy of the orders will 7-14 be filed with the court before the hearing on the application. 7-15 Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER 7-16 PROTECTIVE ORDER. (a) If an application for a protective order 7-17 alleges that the respondent has violated a previously rendered 7-18 protective order by committing an act prohibited by the order and 7-19 that the protective order has expired after the date that the 7-20 violation occurred, the application for the new protective order 7-21 must include: 7-22 (1) a copy of the expired protective order attached to 7-23 the application or, if a copy of the expired protective order is 7-24 unavailable, a statement that the order is unavailable to the 7-25 applicant and that a copy of the order will be filed with the court 7-26 before the hearing on the application; 7-27 (2) a description of the violation of the expired 8-1 protective order; and 8-2 (3) a statement that the violation of the expired 8-3 order has not been grounds for any other order protecting the 8-4 applicant that has been issued or requested under this subtitle. 8-5 (b) The procedural requirements for an original application 8-6 for a protective order apply to a protective order requested under 8-7 this section. 8-8 Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. An 8-9 application that requests the issuance of a temporary ex parte 8-10 order under Chapter 83 must: 8-11 (1) contain a detailed description of the facts and 8-12 circumstances concerning the alleged family violence and the need 8-13 for the immediate protective order; and 8-14 (2) be signed by each applicant under an oath that the 8-15 facts and circumstances contained in the application are true to 8-16 the best knowledge and belief of each applicant. 8-17 (Sections 82.010-82.020 reserved for expansion) 8-18 SUBCHAPTER B. PLEADINGS BY RESPONDENT 8-19 Sec. 82.021. ANSWER. A respondent to an application for a 8-20 protective order who is served with notice of an application for a 8-21 protective order may file an answer at any time before the hearing. 8-22 A respondent is not required to file an answer to the application. 8-23 Sec. 82.022. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. To 8-24 apply for a protective order, a respondent to an application for a 8-25 protective order must file a separate application. 8-26 (Sections 82.023-82.040 reserved for expansion) 8-27 SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER 9-1 Sec. 82.041. CONTENTS OF NOTICE OF APPLICATION. (a) A 9-2 notice of an application for a protective order must: 9-3 (1) be styled "The State of Texas"; 9-4 (2) be signed by the clerk of the court under the 9-5 court's seal; 9-6 (3) contain the name and location of the court; 9-7 (4) show the date the application was filed; 9-8 (5) show the date notice of the application for a 9-9 protective order was issued; 9-10 (6) show the date, time, and place of the hearing; 9-11 (7) show the file number; 9-12 (8) show the name of each applicant and each person 9-13 alleged to have committed family violence; 9-14 (9) be directed to each person alleged to have 9-15 committed family violence; 9-16 (10) show the name and address of the attorney for the 9-17 applicant or the address of the applicant; and 9-18 (11) contain the address of the clerk of the court. 9-19 (b) The notice of an application for a protective order must 9-20 state: "An application for a protective order has been filed in 9-21 the court stated in this notice alleging that you have committed 9-22 family violence. You may employ an attorney to defend you against 9-23 this allegation. You or your attorney may, but are not required 9-24 to, file a written answer to the application. Any answer must be 9-25 filed before the hearing on the application. If you receive this 9-26 notice within 48 hours before the time set for the hearing, you may 9-27 request the court to reschedule the hearing not later than 14 days 10-1 after the date set for the hearing. If you do not attend the 10-2 hearing, a default judgment may be taken and a protective order may 10-3 be issued against you." 10-4 Sec. 82.042. ISSUANCE OF NOTICE OF APPLICATION. (a) On the 10-5 filing of an application, the clerk of the court shall issue a 10-6 notice of an application for a protective order and deliver the 10-7 notice as directed by the applicant. 10-8 (b) On request by the applicant, the clerk of the court 10-9 shall issue a separate or additional notice of an application for a 10-10 protective order. 10-11 Sec. 82.043. SERVICE OF NOTICE OF APPLICATION. (a) Each 10-12 respondent to an application for a protective order is entitled to 10-13 service of notice of an application for a protective order. 10-14 (b) An applicant for a protective order shall furnish the 10-15 clerk with a sufficient number of copies of the application for 10-16 service on each respondent. 10-17 (c) Notice of an application for a protective order must be 10-18 served in the same manner as citation under the Texas Rules of 10-19 Civil Procedure, except that service by publication is not 10-20 authorized. 10-21 (d) Service of notice of an application for a protective 10-22 order is not required before the issuance of a temporary ex parte 10-23 order under Chapter 83. 10-24 (e) The requirements of service of notice under this 10-25 subchapter do not apply if the application is filed as a motion in 10-26 a suit for dissolution of a marriage. Notice for the motion is 10-27 given in the same manner as any other motion in a suit for 11-1 dissolution of a marriage. 11-2 CHAPTER 83. TEMPORARY EX PARTE ORDERS 11-3 Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER. (a) 11-4 If the court finds from the information contained in an application 11-5 for a protective order that there is a clear and present danger of 11-6 family violence, the court, without further notice to any other 11-7 member of the family or household and without a hearing, may enter 11-8 a temporary ex parte order for the protection of the applicant or 11-9 any other member of the family or household of the applicant. 11-10 (b) In a temporary ex parte order, the court may direct a 11-11 respondent to do or refrain from doing specified acts. 11-12 Sec. 83.002. DURATION OF ORDER; EXTENSION. (a) A temporary 11-13 ex parte order is valid for the period specified in the order, not 11-14 to exceed 20 days. 11-15 (b) On the request of an applicant or on the court's own 11-16 motion, a temporary ex parte order may be extended for additional 11-17 20-day periods. 11-18 Sec. 83.003. BOND NOT REQUIRED. The court, at the court's 11-19 discretion, may dispense with the necessity of a bond for a 11-20 temporary ex parte order. 11-21 Sec. 83.004. MOTION TO VACATE. Any member of the family or 11-22 household affected by a temporary ex parte order may file a motion 11-23 at any time to vacate the order. On the filing of the motion to 11-24 vacate, the court shall set a date for hearing the motion as soon 11-25 as possible. 11-26 Sec. 83.005. CONFLICTING ORDERS. During the time the order 11-27 is valid, a temporary ex parte order prevails over any other court 12-1 order made under Title 5, except that on a motion to vacate the 12-2 temporary ex parte order, the court shall vacate the portions of 12-3 the order shown to be in conflict with the other court order. 12-4 Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE. (a) 12-5 Subject to the limitations of Section 85.021(2), a person may only 12-6 be excluded from the occupancy of the person's residence by a 12-7 temporary ex parte order under this chapter if the applicant: 12-8 (1) files a sworn affidavit that provides a detailed 12-9 description of the facts and circumstances requiring the exclusion 12-10 of the person from the residence; and 12-11 (2) appears in person to testify at a temporary ex 12-12 parte hearing to justify the issuance of the order without notice. 12-13 (b) Before the court may render a temporary ex parte order 12-14 excluding a person from the person's residence, the court must find 12-15 from the required affidavit and testimony that: 12-16 (1) the applicant requesting the excluding order 12-17 either resides on the premises or has resided there within 30 days 12-18 before the date the application was filed; 12-19 (2) the person to be excluded has within the 30 days 12-20 before the date the application was filed committed family violence 12-21 against a member of the household; and 12-22 (3) there is a clear and present danger that the 12-23 person to be excluded is likely to commit family violence against a 12-24 member of the household. 12-25 Sec. 83.007. RECESS OF HEARING TO CONTACT RESPONDENT. The 12-26 court may recess the hearing on a temporary ex parte order to 12-27 contact the respondent by telephone and provide the respondent the 13-1 opportunity to be present when the court resumes the hearing. 13-2 Without regard to whether the respondent is able to be present at 13-3 the hearing, the court shall resume the hearing before the end of 13-4 the working day. 13-5 CHAPTER 84. HEARING 13-6 Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an 13-7 application for a protective order, the court shall set a date and 13-8 time for the hearing unless a later date is requested by the 13-9 applicant. Except as provided by Section 84.002, the court may not 13-10 set a date later than the 14th day after the date the application 13-11 is filed. 13-12 (b) The court may not delay a hearing on an application in 13-13 order to consolidate it with a hearing on a subsequently filed 13-14 application. 13-15 Sec. 84.002. EXTENDED TIME FOR HEARING IN CERTAIN COUNTIES. 13-16 (a) On the request of the prosecuting attorney in a county with a 13-17 population of more than 1.5 million, the court shall set the 13-18 hearing on a date and time not later than 20 days after the date 13-19 the application is filed or 20 days after the date a request is 13-20 made to reschedule a hearing under Section 84.003. 13-21 (b) The court shall grant the request of the prosecuting 13-22 attorney for an extended time in which to hold a hearing on a 13-23 protective order either on a case-by-case basis or for all cases 13-24 filed under this subtitle. 13-25 Sec. 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE. 13-26 (a) If a hearing set under this chapter is not held because of the 13-27 failure of a respondent to receive service of notice of an 14-1 application for a protective order, the applicant may request the 14-2 court to reschedule the hearing. 14-3 (b) Except as provided by Section 84.002, the date for a 14-4 rescheduled hearing shall be not later than 14 days after the date 14-5 the request is made. 14-6 Sec. 84.004. HEARING RESCHEDULED FOR INSUFFICIENT NOTICE. 14-7 (a) If a respondent receives service of notice of an application 14-8 for a protective order within 48 hours before the time set for the 14-9 hearing, on request by the respondent, the court shall reschedule 14-10 the hearing for a date not later than 14 days after the date set 14-11 for the hearing. 14-12 (b) The respondent is not entitled to additional service for 14-13 a hearing rescheduled under this section. 14-14 CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER 14-15 SUBCHAPTER A. FINDINGS AND ORDERS 14-16 Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the 14-17 close of a hearing on an application for a protective order, the 14-18 court shall find whether: 14-19 (1) family violence has occurred; and 14-20 (2) family violence is likely to occur in the future. 14-21 (b) If the court finds that family violence has occurred and 14-22 that family violence is likely to occur in the future, the court: 14-23 (1) shall render a protective order as provided by 14-24 Section 85.022 applying only to a person found to have committed 14-25 family violence; and 14-26 (2) may render a protective order as provided by 14-27 Section 85.021 applying to both parties that is in the best 15-1 interest of the family or household or member of the family or 15-2 household. 15-3 (c) A protective order that requires the first applicant to 15-4 do or refrain from doing an act under Section 85.022 shall include 15-5 a finding that the first applicant has committed family violence 15-6 and is likely to commit family violence in the future. 15-7 Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE 15-8 ORDER. If the court finds that a respondent violated a protective 15-9 order by committing an act prohibited by the order as provided by 15-10 Section 85.022 and that the order has expired after the date that 15-11 the violation occurred, the court, without the necessity of making 15-12 the findings described by Section 85.001(a), shall render a 15-13 protective order as provided by Section 85.022 applying only to the 15-14 respondent and may render a protective order as provided by Section 15-15 85.021. 15-16 Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) A 15-17 court that renders separate protective orders that apply to both 15-18 parties and require both parties to do or refrain from doing acts 15-19 under Section 85.022 shall render two distinct and separate 15-20 protective orders in two separate documents that reflect the 15-21 appropriate conditions for each party. 15-22 (b) A court that renders protective orders that apply to 15-23 both parties and require both parties to do or refrain from doing 15-24 acts under Section 85.022 shall render the protective orders in two 15-25 separate documents. The court shall provide one of the documents 15-26 to the applicant and the other document to the respondent. 15-27 (c) A court may not render one protective order under 16-1 Section 85.022 that applies to both parties. 16-2 Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF 16-3 MARRIAGE. A protective order in a suit for dissolution of a 16-4 marriage must be in a separate document entitled "PROTECTIVE 16-5 ORDER." 16-6 Sec. 85.005. AGREED ORDER. (a) To facilitate settlement, 16-7 the parties to a proceeding may agree in writing to the terms of a 16-8 protective order as provided by Section 85.021. An agreement under 16-9 this subsection is subject to the approval of the court. 16-10 (b) To facilitate settlement, a respondent may agree in 16-11 writing to the terms of a protective order as provided by Section 16-12 85.022, subject to the approval of the court. The court may not 16-13 approve an agreement that requires the applicant to do or refrain 16-14 from doing an act under Section 85.022. 16-15 (c) If the court approves an agreement between the parties, 16-16 the court shall render an agreed protective order that is in the 16-17 best interest of the applicant, the family or household, or a 16-18 member of the family or household. 16-19 (d) An agreed protective order is not enforceable as a 16-20 contract. 16-21 (e) An agreed protective order expires on the date the court 16-22 order expires. 16-23 Sec. 85.006. DEFAULT ORDER. (a) A court may render a 16-24 protective order that is binding on a respondent who does not 16-25 attend a hearing if the respondent received service of the 16-26 application and notice of the hearing. 16-27 (b) If the court reschedules the hearing under Chapter 84, a 17-1 protective order may be rendered if the respondent does not attend 17-2 the rescheduled hearing. 17-3 Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) 17-4 On request by a member of a family or household, the court may 17-5 exclude from a protective order the address and telephone number 17-6 of: 17-7 (1) a person protected by the order, in which case the 17-8 order shall state the county in which the person resides; 17-9 (2) the place of employment or business of a person 17-10 protected by the order; or 17-11 (3) the child-care facility or school a child 17-12 protected by the order attends or in which the child resides. 17-13 (b) On granting a request for confidentiality under this 17-14 section, the court shall order the clerk to: 17-15 (1) strike the information described by Subsection (a) 17-16 from the public records of the court; and 17-17 (2) maintain a confidential record of the information 17-18 for use only by the court. 17-19 Sec. 85.008. DISMISSAL OF APPLICATION PROHIBITED IF DIVORCE 17-20 FILED; EXCEPTION. (a) A court may not dismiss an application for 17-21 a protective order on the grounds that a suit for dissolution of a 17-22 marriage is filed. 17-23 (b) A court may dismiss an application for a protective 17-24 order under this chapter if the court in which a suit for 17-25 dissolution of a marriage is pending has rendered a protective 17-26 order or denied on its merits an application for a protective order 17-27 filed in the court by the same applicant. 18-1 Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective 18-2 order rendered under this chapter is valid and enforceable pending 18-3 further action by the court that rendered the order until the order 18-4 is properly superseded by another court with jurisdiction over the 18-5 order. 18-6 (Sections 85.010-85.020 reserved for expansion) 18-7 SUBCHAPTER B. CONTENTS OF PROTECTIVE ORDER 18-8 Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. 18-9 In a protective order, the court may: 18-10 (1) prohibit a party from: 18-11 (A) removing a child who is a member of the 18-12 family or household from: 18-13 (i) the possession of a person named in 18-14 the order; or 18-15 (ii) the jurisdiction of the court; or 18-16 (B) transferring, encumbering, or otherwise 18-17 disposing of property, other than in the ordinary course of 18-18 business, that is mutually owned or leased by the parties; 18-19 (2) grant exclusive possession of a residence to a 18-20 party and, if appropriate, direct one or more parties to vacate the 18-21 residence if the residence: 18-22 (A) is jointly owned or leased by the party 18-23 receiving exclusive possession and a party being denied possession; 18-24 (B) is owned or leased by the party retaining 18-25 possession; or 18-26 (C) is owned or leased by the party being denied 18-27 possession and that party has an obligation to support the party or 19-1 a child of the party granted possession of the residence; 19-2 (3) provide for the possession of and access to a 19-3 child of a party if the person receiving possession of or access to 19-4 the child is a parent of the child; 19-5 (4) require the payment of support for a party or for 19-6 a child of a party if the person required to make the payment has 19-7 an obligation to support the other party or the child; or 19-8 (5) award to a party the use and possession of 19-9 specified property that is community property or jointly owned or 19-10 leased property. 19-11 Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO 19-12 COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court 19-13 may order the person found to have committed family violence to: 19-14 (1) complete a batterer's treatment program if a 19-15 program is available; 19-16 (2) counsel with a social worker, family service 19-17 agency, physician, psychologist, licensed therapist, or licensed 19-18 professional counselor if a program under Subdivision (1) is not 19-19 available; or 19-20 (3) perform acts specified by the court that the court 19-21 determines are necessary or appropriate to prevent or reduce the 19-22 likelihood of family violence. 19-23 (b) In a protective order, the court may prohibit the person 19-24 found to have committed family violence from: 19-25 (1) committing family violence; 19-26 (2) communicating: 19-27 (A) directly with a member of the family or 20-1 household in a threatening or harassing manner; 20-2 (B) a threat through any person to a member of 20-3 the family or household; and 20-4 (C) if the court finds good cause, in any manner 20-5 with a member of the family or household except through the party's 20-6 attorney or a person appointed by the court; 20-7 (3) going to or near the residence or place of 20-8 employment or business of a member of the family or household; 20-9 (4) going to or near the residence, child-care 20-10 facility, or school a child protected under the order normally 20-11 attends or in which the child normally resides; and 20-12 (5) engaging in conduct directed specifically toward a 20-13 person who is a member of the family or household, including 20-14 following the person, that is reasonably likely to harass, annoy, 20-15 alarm, abuse, torment, or embarrass the person. 20-16 (c) In an order under Subsection (b)(3) or (4), the court 20-17 shall specifically describe each prohibited location and the 20-18 minimum distances from the location, if any, that the party must 20-19 maintain. This subsection does not apply to an order in which 20-20 Section 85.007 applies. 20-21 Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order 20-22 or an agreement approved by the court under this subtitle does not 20-23 affect the title to real property. 20-24 Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT. (a) A 20-25 person found to have engaged in family violence who is ordered to 20-26 attend a program or counseling under Section 85.022(a)(1) or (2) 20-27 and who does not provide to the court an affidavit before the 60th 21-1 day after the date the order was rendered stating either that the 21-2 person has begun the program or counseling or that a program or 21-3 counseling is not available within a reasonable distance from the 21-4 person's residence may be punished for contempt of court under 21-5 Section 21.002, Government Code. 21-6 (b) A protective order under Section 85.022 must 21-7 specifically advise the person subject to the order of the 21-8 requirement of this section and the possible punishment if the 21-9 person fails to comply with the requirement. 21-10 Sec. 85.025. DURATION OF PROTECTIVE ORDER. An order under 21-11 this subtitle is effective for the period stated in the order, not 21-12 to exceed one year. An order that does not specify the period for 21-13 which the order is effective expires on the first anniversary of 21-14 the date the order was issued. 21-15 Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each 21-16 protective order issued under this subtitle, including a temporary 21-17 ex parte order, must contain the following printed statement in 21-18 bold-faced type or capital letters: 21-19 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR 21-20 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN 21-21 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." 21-22 (b) Each protective order issued under this subtitle, except 21-23 for a temporary ex parte order, must contain the following printed 21-24 statement in bold-faced type or capital letters: 21-25 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED 21-26 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY 21-27 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT 22-1 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE 22-2 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A 22-3 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON 22-4 FOR AT LEAST TWO YEARS." 22-5 (c) Each protective order issued under this subtitle, 22-6 including a temporary ex parte order, must contain the following 22-7 printed statement in bold-faced type or capital letters: 22-8 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS 22-9 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY 22-10 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS 22-11 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT 22-12 UNLESS A COURT CHANGES THE ORDER." 22-13 (Sections 85.027-85.040 reserved for expansion) 22-14 SUBCHAPTER C. DELIVERY OF PROTECTIVE ORDER 22-15 Sec. 85.041. DELIVERY TO RESPONDENT. (a) A protective 22-16 order rendered under this subtitle shall be: 22-17 (1) delivered to the respondent as provided by Rule 22-18 21a, Texas Rules of Civil Procedure; 22-19 (2) served in the same manner as a writ of injunction; 22-20 or 22-21 (3) served in open court at the close of the hearing 22-22 as provided by this section. 22-23 (b) The court shall serve an order in open court to a 22-24 respondent who is present at the hearing by giving to the 22-25 respondent a copy of the order, reduced to writing and signed by 22-26 the judge or master. A certified copy of the signed order shall be 22-27 given to the applicant at the time the order is given to the 23-1 respondent. If the applicant is not in court at the conclusion of 23-2 the hearing, the clerk of the court shall mail a certified copy of 23-3 the order to the applicant not later than the third business day 23-4 after the date the hearing is concluded. 23-5 (c) If the order has not been reduced to writing, the court 23-6 shall give notice orally to a respondent who is present at the 23-7 hearing of the part of the order that contains prohibitions under 23-8 Section 85.022 or any other part of the order that contains 23-9 provisions necessary to prevent further family violence. The clerk 23-10 of the court shall mail a copy of the order to the respondent and a 23-11 certified copy of the order to the applicant not later than the 23-12 third business day after the date the hearing is concluded. 23-13 (d) If the respondent is not present at the hearing and the 23-14 order has been reduced to writing at the conclusion of the hearing, 23-15 the clerk of the court shall immediately provide a certified copy 23-16 of the order to the applicant and mail a copy of the order to the 23-17 respondent not later than the third business day after the date the 23-18 hearing is concluded. 23-19 Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS. (a) The 23-20 clerk of the court issuing an original or modified protective order 23-21 under this subtitle shall send a copy of the order to the chief of 23-22 police of the municipality in which the member of the family or 23-23 household protected by the order resides, if the person resides in 23-24 a municipality, or to the sheriff of the county in which the person 23-25 resides, if the person does not reside in a municipality. 23-26 (b) If a protective order made under this chapter prohibits 23-27 a respondent from going to or near a child-care facility or school, 24-1 the clerk of the court shall send a copy of the order to the 24-2 child-care facility or school. 24-3 (c) The clerk of a court that vacates an original or 24-4 modified protective order under this subtitle shall notify the 24-5 chief of police or sheriff who received a copy of the original or 24-6 modified order that the order is vacated. 24-7 CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS 24-8 Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT 24-9 AGENCY. (a) To ensure that law enforcement officers responding to 24-10 calls are aware of the existence and terms of protective orders 24-11 issued under this subtitle, each law enforcement agency shall 24-12 establish procedures in the agency to provide adequate information 24-13 or access to information for law enforcement officers of the names 24-14 of each person protected by an order issued under this subtitle and 24-15 of each person against whom protective orders are directed. 24-16 (b) A law enforcement agency may enter a protective order in 24-17 the agency's computer records of outstanding warrants as notice 24-18 that the order has been issued and is currently in effect. On 24-19 receipt of notification by a clerk of court that the court has 24-20 vacated or dismissed an order, the law enforcement agency shall 24-21 remove the order from the agency's computer record of outstanding 24-22 warrants. 24-23 Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS 24-24 DEALERS. (a) On receipt of a request for a law enforcement 24-25 information system record check of a prospective transferee by a 24-26 licensed firearms dealer under the Brady Handgun Violence 24-27 Prevention Act, 18 U.S.C. Section 922, the chief law enforcement 25-1 officer shall determine whether the Department of Public Safety has 25-2 in the department's law enforcement information system a record 25-3 indicating the existence of an active protective order directed to 25-4 the prospective transferee. 25-5 (b) If the department's law enforcement information system 25-6 indicates the existence of an active protective order directed to 25-7 the prospective transferee, the chief law enforcement officer shall 25-8 immediately advise the dealer that the transfer is prohibited. 25-9 Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 25-10 UNDER TEMPORARY ORDER. On request by an applicant obtaining a 25-11 temporary ex parte protective order that excludes the respondent 25-12 from the respondent's residence, the court granting the temporary 25-13 order shall render a written order to the sheriff or chief of 25-14 police to provide a law enforcement officer from the department of 25-15 the chief of police or sheriff to: 25-16 (1) accompany the applicant to the residence covered 25-17 by the order; 25-18 (2) inform the respondent that the court has ordered 25-19 that the respondent be excluded from the residence; 25-20 (3) protect the applicant while the applicant takes 25-21 possession of the residence; and 25-22 (4) protect the applicant if the respondent refuses to 25-23 vacate the residence while the applicant takes possession of the 25-24 applicant's necessary personal property. 25-25 Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 25-26 UNDER FINAL ORDER. On request by an applicant obtaining a final 25-27 protective order that excludes the respondent from the respondent's 26-1 residence, the court granting the final order shall render a 26-2 written order to the sheriff or chief of police to provide a law 26-3 enforcement officer from the department of the chief of police or 26-4 sheriff to: 26-5 (1) accompany the applicant to the residence covered 26-6 by the order; 26-7 (2) inform the respondent that the court has ordered 26-8 that the respondent be excluded from the residence; 26-9 (3) protect the applicant while the applicant takes 26-10 possession of the residence and the respondent takes possession of 26-11 the respondent's necessary personal property; and 26-12 (4) if the respondent refuses to vacate the residence: 26-13 (A) remove the respondent from the residence; 26-14 and 26-15 (B) arrest the respondent for violating the 26-16 court order. 26-17 CHAPTER 87. MODIFICATION OF PROTECTIVE ORDERS 26-18 Sec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the 26-19 motion of any party, the court, after notice and hearing, may 26-20 modify an existing protective order to: 26-21 (1) exclude any item included in the order; or 26-22 (2) include any item that could have been included in 26-23 the order. 26-24 Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. 26-25 A protective order may not be modified to extend the period of the 26-26 order's validity beyond the first anniversary of the date the 26-27 original order was rendered. 27-1 Sec. 87.003. NOTIFICATION OF MOTION TO MODIFY. Notice of a 27-2 motion to modify a protective order is sufficient if delivery of 27-3 the motion is attempted on the respondent at the respondent's last 27-4 known address by registered or certified mail as provided by Rule 27-5 21a, Texas Rules of Civil Procedure. 27-6 SUBTITLE C. REPORTING FAMILY VIOLENCE 27-7 CHAPTER 91. REPORTING FAMILY VIOLENCE 27-8 Sec. 91.001. DEFINITIONS. In this subtitle: 27-9 (1) "Family violence" has the meaning assigned by 27-10 Section 71.004. 27-11 (2) "Medical professional" means a licensed doctor, 27-12 nurse, physician assistant, or emergency medical technician. 27-13 Sec. 91.002. REPORTING BY WITNESSES ENCOURAGED. A person 27-14 who witnesses family violence is encouraged to report the family 27-15 violence to a local law enforcement agency. 27-16 Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS. 27-17 A medical professional who treats a person for injuries that the 27-18 medical professional has reason to believe were caused by family 27-19 violence shall: 27-20 (1) immediately provide the person with information 27-21 regarding the nearest family violence shelter center; 27-22 (2) document in the person's medical file: 27-23 (A) the fact that the person has received the 27-24 information provided under Subdivision (1); and 27-25 (B) the reasons for the medical professional's 27-26 belief that the person's injuries were caused by family violence; 27-27 and 28-1 (3) give the person a written notice in substantially 28-2 the following form, completed with the required information, in 28-3 both English and Spanish: 28-4 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE 28-5 "It is a crime for any person to cause you any physical injury or 28-6 harm even if that person is a member or former member of your 28-7 family or household. 28-8 "You may report family violence to a law enforcement officer by 28-9 calling the following telephone numbers: 28-10 _______________________________________________. 28-11 "If you, your child, or any other household resident has been 28-12 injured or if you feel you are going to be in danger after a law 28-13 enforcement officer investigating family violence leaves your 28-14 residence or at a later time, you have the right to: 28-15 "Ask the local prosecutor to file a criminal complaint 28-16 against the person committing family violence; and 28-17 "Apply to a court for an order to protect you. You may want 28-18 to consult with a legal aid office, a prosecuting attorney, or a 28-19 private attorney. A court can enter an order that: 28-20 "(1) prohibits the abuser from committing further acts 28-21 of violence; 28-22 "(2) prohibits the abuser from threatening, harassing, 28-23 or contacting you at home; 28-24 "(3) directs the abuser to leave your household; and 28-25 "(4) establishes temporary custody of the children or 28-26 any property. 28-27 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY 29-1 BE A FELONY. 29-2 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF 29-3 YOU NEED PROTECTION: _________________________________." 29-4 Sec. 91.004. APPLICATION OF SUBTITLE. This subtitle does 29-5 not affect a duty to report child abuse under Chapter 261. 29-6 CHAPTER 92. IMMUNITY 29-7 Sec. 92.001. IMMUNITY. (a) Except as provided by 29-8 Subsection (b), a person who reports family violence under Section 29-9 91.002 or provides information under Section 91.003 is immune from 29-10 civil liability that might otherwise be incurred or imposed. 29-11 (b) A person who reports the person's own conduct or who 29-12 otherwise reports family violence in bad faith is not protected 29-13 from liability under this section. 29-14 SECTION 2. Title 4, Family Code, as that title existed 29-15 before the effective date of this Act, is repealed. 29-16 SECTION 3. The change in law made by this Act does not 29-17 affect a proceeding under the Family Code pending on the effective 29-18 date of this Act. A proceeding pending on the effective date of 29-19 this Act is governed by the law in effect at the time the 29-20 proceeding was commenced, and the former law is continued in effect 29-21 for that purpose. 29-22 SECTION 4. The importance of this legislation and the 29-23 crowded condition of the calendars in both houses create an 29-24 emergency and an imperative public necessity that the 29-25 constitutional rule requiring bills to be read on three several 29-26 days in each house be suspended, and this rule is hereby suspended, 29-27 and that this Act take effect and be in force from and after its 30-1 passage, and it is so enacted.