1-1 By: Ratliff S.B. No. 299
1-2 (In the Senate - Filed January 24, 1997; January 28, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 19, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 19, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the date for a hearing on an application for a
1-9 protective order.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (d), Section 71.09, Family Code, is
1-12 amended to read as follows:
1-13 (d) A prosecuting attorney in a county with a population of
1-14 more than 1.5 million or in a county in a judicial district that is
1-15 composed of more than one county may request that a hearing under
1-16 Subsection (a) [
of this section] take place not later than 20 days
1-17 after the date the application is filed or that a hearing
1-18 rescheduled under Subsection (c) [ of this section] take place not
1-19 later than 20 days after the date on which the request is made.
1-20 The prosecuting attorney may make a request under this subsection
1-21 on a case-by-case basis or to all the courts in the county for all
1-22 cases under this chapter. A court shall grant the request of a
1-23 prosecuting attorney under this subsection.
1-24 SECTION 2. This Act takes effect September 1, 1997, and
1-25 applies to an application for a protective order made on or after
1-26 that date. An application for a protective order made before the
1-27 effective date of this Act is governed by the law in effect on the
1-28 date the application was made, and the former law is continued in
1-29 effect for that purpose.
1-30 SECTION 3. 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 * * * * *