By: Harris S.B. No. 797
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the recodification of statutes relating to protective
1-2 orders and family violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Family Code is recodified by reenacting Title
1-5 4 to read as follows:
1-6 TITLE 4. PROTECTIVE ORDERS AND
1-7 FAMILY VIOLENCE
1-8 SUBTITLE A. GENERAL PROVISIONS
1-9 CHAPTER 71. DEFINITIONS
1-10 Sec. 71.001. APPLICABILITY OF DEFINITIONS. (a) Definitions
1-11 in this chapter apply to this title.
1-12 (b) If, in another part of this title, a term defined by
1-13 this chapter has a meaning different from the meaning provided by
1-14 this chapter, the meaning of that other provision prevails.
1-15 (c) Except as provided by this chapter, the definitions in
1-16 Chapter 101 apply to terms used in this title.
1-17 Sec. 71.002. COURT. "Court" means the district court, court
1-18 of domestic relations, juvenile court having the jurisdiction of a
1-19 district court, statutory county court, or other court expressly
1-20 given jurisdiction under this title.
1-21 Sec. 71.003. FAMILY. "Family" includes individuals related
1-22 by consanguinity or affinity, as determined under Sections 573.022
1-23 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 title, 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
4-1 Code.
4-2 Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess
4-3 reasonable attorney's fees against the party found to have
4-4 committed family violence as compensation for the services of a
4-5 private or prosecuting attorney or an attorney employed by the
4-6 Department of Protective and Regulatory Services.
4-7 (b) In setting the amount of attorney's fees, the court
4-8 shall consider the income and ability to pay of the person against
4-9 whom the fee is assessed.
4-10 Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees
4-11 collected under this chapter as compensation for the fees:
4-12 (1) of a private attorney shall be paid to the private
4-13 attorney who may enforce the order for fees in the attorney's own
4-14 name;
4-15 (2) of a prosecuting attorney shall be paid to the
4-16 credit of the county fund from which the salaries of the employees
4-17 of the prosecuting attorney are paid or supplemented; and
4-18 (3) of an attorney employed by the Department of
4-19 Protective and Regulatory Services shall be deposited in the
4-20 general revenue fund to the credit of the Department of Protective
4-21 and Regulatory Services.
4-22 Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney
4-23 or the criminal district attorney is the prosecuting attorney
4-24 responsible for filing applications under this subtitle unless the
4-25 district attorney assumes the responsibility by giving notice of
5-1 that assumption to the county attorney.
5-2 (b) The prosecuting attorney responsible for filing an
5-3 application under this subtitle shall provide notice of that
5-4 responsibility to all law enforcement agencies in the jurisdiction
5-5 of the prosecuting attorney.
5-6 (c) The prosecuting attorney shall comply with Article 5.06,
5-7 Code of Criminal Procedure, in filing an application under this
5-8 subtitle.
5-9 Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this
5-10 subtitle, the relief and remedies provided by this subtitle are
5-11 cumulative of other relief and remedies provided by law.
5-12 CHAPTER 82. APPLYING FOR PROTECTIVE ORDER
5-13 SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER
5-14 Sec. 82.001. APPLICATION. A proceeding under this subtitle
5-15 is begun by filing "An Application for a Protective Order" with the
5-16 clerk of the court.
5-17 Sec. 82.002. WHO MAY FILE APPLICATION. (a) An application
5-18 for a protective order to protect the applicant or any other member
5-19 of the applicant's family or household may be filed by:
5-20 (1) an adult member of the family or household; or
5-21 (2) any adult for the protection of a child member of
5-22 the family or household.
5-23 (b) In addition, an application may be filed for the
5-24 protection of any person alleged to be a victim of family violence
5-25 by:
6-1 (1) a prosecuting attorney; or
6-2 (2) the Department of Protective and Regulatory
6-3 Services.
6-4 (c) The person alleged to be the victim of family violence
6-5 in an application filed under Subsection (b) is considered to be
6-6 the applicant for a protective order under this subtitle.
6-7 Sec. 82.003. VENUE. An application may be filed in:
6-8 (1) the county in which the applicant resides; or
6-9 (2) the county in which the respondent resides.
6-10 Sec. 82.004. CONTENTS OF APPLICATION. An application must
6-11 state:
6-12 (1) the name and county of residence of each
6-13 applicant;
6-14 (2) the name, address, and county of residence of each
6-15 individual alleged to have committed family violence;
6-16 (3) the relationships between the applicants and the
6-17 individual alleged to have committed family violence; and
6-18 (4) a request for one or more protective orders.
6-19 Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION
6-20 OF MARRIAGE. (a) A person who wishes to apply for a protective
6-21 order with respect to the person's spouse and who is a party to a
6-22 suit for the dissolution of a marriage that is pending in a court
6-23 must file the application as a motion in that suit.
6-24 (b) An applicant denied a protective order filed as a motion
6-25 in a suit for dissolution of a marriage may not apply for a
7-1 protective order in another court based on facts identical to the
7-2 facts stated in the previous application.
7-3 Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF
7-4 MARRIAGE. If an applicant for a protective order is a former
7-5 spouse of the individual alleged to have committed family violence,
7-6 the application must include:
7-7 (1) a copy of the decree dissolving the marriage; or
7-8 (2) a statement that the decree is unavailable to the
7-9 applicant and that a copy of the decree will be filed with the
7-10 court before the hearing on the application.
7-11 Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO
7-12 CONTINUING JURISDICTION. An application that requests a protective
7-13 order for a child who is subject to the continuing exclusive
7-14 jurisdiction of a court under Title 5 or alleges that a child who
7-15 is subject to the continuing exclusive jurisdiction of a court
7-16 under Title 5 has committed family violence must include:
7-17 (1) a copy of each court order affecting the
7-18 conservatorship, support, and possession of or access to the child;
7-19 or
7-20 (2) a statement that the orders affecting the child
7-21 are unavailable to the applicant and that a copy of the orders will
7-22 be filed with the court before the hearing on the application.
7-23 Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER
7-24 PROTECTIVE ORDER. (a) If an application for a protective order
7-25 alleges that the respondent has violated a previously rendered
8-1 protective order by committing an act prohibited by the order and
8-2 that the protective order has expired after the date that the
8-3 violation occurred, the application for the new protective order
8-4 must include:
8-5 (1) a copy of the expired protective order attached to
8-6 the application or, if a copy of the expired protective order is
8-7 unavailable, a statement that the order is unavailable to the
8-8 applicant and that a copy of the order will be filed with the court
8-9 before the hearing on the application;
8-10 (2) a description of the violation of the expired
8-11 protective order; and
8-12 (3) a statement that the violation of the expired
8-13 order has not been grounds for any other order protecting the
8-14 applicant that has been issued or requested under this subtitle.
8-15 (b) The procedural requirements for an original application
8-16 for a protective order apply to a protective order requested under
8-17 this section.
8-18 Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. An
8-19 application that requests the issuance of a temporary ex parte
8-20 order under Chapter 83 must:
8-21 (1) contain a detailed description of the facts and
8-22 circumstances concerning the alleged family violence and the need
8-23 for the immediate protective order; and
8-24 (2) be signed by each applicant under an oath that the
8-25 facts and circumstances contained in the application are true to
9-1 the best knowledge and belief of each applicant.
9-2 (Sections 82.010-82.020 reserved for expansion)
9-3 SUBCHAPTER B. PLEADINGS BY RESPONDENT
9-4 Sec. 82.021. ANSWER. A respondent to an application for a
9-5 protective order who is served with notice of an application for a
9-6 protective order may file an answer at any time before the hearing.
9-7 A respondent is not required to file an answer to the application.
9-8 Sec. 82.022. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. To
9-9 apply for a protective order, a respondent to an application for a
9-10 protective order must file a separate application.
9-11 (Sections 82.023-82.040 reserved for expansion)
9-12 SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER
9-13 Sec. 82.041. CONTENTS OF NOTICE OF APPLICATION. (a) A
9-14 notice of an application for a protective order must:
9-15 (1) be styled "The State of Texas";
9-16 (2) be signed by the clerk of the court under the
9-17 court's seal;
9-18 (3) contain the name and location of the court;
9-19 (4) show the date the application was filed;
9-20 (5) show the date notice of the application for a
9-21 protective order was issued;
9-22 (6) show the date, time, and place of the hearing;
9-23 (7) show the file number;
9-24 (8) show the name of each applicant and each person
9-25 alleged to have committed family violence;
10-1 (9) be directed to each person alleged to have
10-2 committed family violence;
10-3 (10) show the name and address of the attorney for the
10-4 applicant or the address of the applicant; and
10-5 (11) contain the address of the clerk of the court.
10-6 (b) The notice of an application for a protective order must
10-7 state: "An application for a protective order has been filed in
10-8 the court stated in this notice alleging that you have committed
10-9 family violence. You may employ an attorney to defend you against
10-10 this allegation. You or your attorney may, but are not required
10-11 to, file a written answer to the application. Any answer must be
10-12 filed before the hearing on the application. If you receive this
10-13 notice within 48 hours before the time set for the hearing, you may
10-14 request the court to reschedule the hearing not later than 14 days
10-15 after the date set for the hearing. If you do not attend the
10-16 hearing, a default judgment may be taken and a protective order may
10-17 be issued against you."
10-18 Sec. 82.042. ISSUANCE OF NOTICE OF APPLICATION. (a) On the
10-19 filing of an application, the clerk of the court shall issue a
10-20 notice of an application for a protective order and deliver the
10-21 notice as directed by the applicant.
10-22 (b) On request by the applicant, the clerk of the court
10-23 shall issue a separate or additional notice of an application for a
10-24 protective order.
10-25 Sec. 82.043. SERVICE OF NOTICE OF APPLICATION. (a) Each
11-1 respondent to an application for a protective order is entitled to
11-2 service of notice of an application for a protective order.
11-3 (b) An applicant for a protective order shall furnish the
11-4 clerk with a sufficient number of copies of the application for
11-5 service on each respondent.
11-6 (c) Notice of an application for a protective order must be
11-7 served in the same manner as citation under the Texas Rules of
11-8 Civil Procedure, except that service by publication is not
11-9 authorized.
11-10 (d) Service of notice of an application for a protective
11-11 order is not required before the issuance of a temporary ex parte
11-12 order under Chapter 83.
11-13 (e) The requirements of service of notice under this
11-14 subchapter do not apply if the application is filed as a motion in
11-15 a suit for dissolution of a marriage. Notice for the motion is
11-16 given in the same manner as any other motion in a suit for
11-17 dissolution of a marriage.
11-18 CHAPTER 83. TEMPORARY EX PARTE ORDERS
11-19 Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
11-20 (a) If the court finds from the information contained in an
11-21 application for a protective order that there is a clear and
11-22 present danger of family violence, the court, without further
11-23 notice to any other member of the family or household and without a
11-24 hearing, may enter a temporary ex parte order for the protection of
11-25 the applicant or any other member of the family or household of the
12-1 applicant.
12-2 (b) In a temporary ex parte order, the court may direct a
12-3 respondent to do or refrain from doing specified acts.
12-4 Sec. 83.002. DURATION OF ORDER; EXTENSION. (a) A temporary
12-5 ex parte order is valid for the period specified in the order, not
12-6 to exceed 20 days.
12-7 (b) On the request of an applicant or on the court's own
12-8 motion, a temporary ex parte order may be extended for additional
12-9 20-day periods.
12-10 Sec. 83.003. BOND NOT REQUIRED. The court, at the court's
12-11 discretion, may dispense with the necessity of a bond for a
12-12 temporary ex parte order.
12-13 Sec. 83.004. MOTION TO VACATE. Any member of the family or
12-14 household affected by a temporary ex parte order may file a motion
12-15 at any time to vacate the order. On the filing of the motion to
12-16 vacate, the court shall set a date for hearing the motion as soon
12-17 as possible.
12-18 Sec. 83.005. CONFLICTING ORDERS. During the time the order
12-19 is valid, a temporary ex parte order prevails over any other court
12-20 order made under Title 5, except that on a motion to vacate the
12-21 temporary ex parte order, the court shall vacate the portions of
12-22 the order shown to be in conflict with the other court order.
12-23 Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE.
12-24 (a) Subject to the limitations of Section 85.021(2), a person may
12-25 only be excluded from the occupancy of the person's residence by a
13-1 temporary ex parte order under this chapter if the applicant:
13-2 (1) files a sworn affidavit that provides a detailed
13-3 description of the facts and circumstances requiring the exclusion
13-4 of the person from the residence; and
13-5 (2) appears in person to testify at a temporary ex
13-6 parte hearing to justify the issuance of the order without notice.
13-7 (b) Before the court may render a temporary ex parte order
13-8 excluding a person from the person's residence, the court must find
13-9 from the required affidavit and testimony that:
13-10 (1) the applicant requesting the excluding order
13-11 either resides on the premises or has resided there within 30 days
13-12 before the date the application was filed;
13-13 (2) the person to be excluded has within the 30 days
13-14 before the date the application was filed committed family violence
13-15 against a member of the household; and
13-16 (3) there is a clear and present danger that the
13-17 person to be excluded is likely to commit family violence against a
13-18 member of the household.
13-19 Sec. 83.007. RECESS OF HEARING TO CONTACT RESPONDENT. The
13-20 court may recess the hearing on a temporary ex parte order to
13-21 contact the respondent by telephone and provide the respondent the
13-22 opportunity to be present when the court resumes the hearing.
13-23 Without regard to whether the respondent is able to be present at
13-24 the hearing, the court shall resume the hearing before the end of
13-25 the working day.
14-1 CHAPTER 84. HEARING
14-2 Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an
14-3 application for a protective order, the court shall set a date and
14-4 time for the hearing unless a later date is requested by the
14-5 applicant. Except as provided by Section 84.002, the court may not
14-6 set a date later than the 14th day after the date the application
14-7 is filed.
14-8 (b) The court may not delay a hearing on an application in
14-9 order to consolidate it with a hearing on a subsequently filed
14-10 application.
14-11 Sec. 84.002. EXTENDED TIME FOR HEARING IN CERTAIN COUNTIES.
14-12 (a) On the request of the prosecuting attorney in a county with a
14-13 population of more than 1.5 million, the court shall set the
14-14 hearing on a date and time not later than 20 days after the date
14-15 the application is filed or 20 days after the date a request is
14-16 made to reschedule a hearing under Section 84.003.
14-17 (b) The court shall grant the request of the prosecuting
14-18 attorney for an extended time in which to hold a hearing on a
14-19 protective order either on a case-by-case basis or for all cases
14-20 filed under this subtitle.
14-21 Sec. 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE.
14-22 (a) If a hearing set under this chapter is not held because of the
14-23 failure of a respondent to receive service of notice of an
14-24 application for a protective order, the applicant may request the
14-25 court to reschedule the hearing.
15-1 (b) Except as provided by Section 84.002, the date for a
15-2 rescheduled hearing shall be not later than 14 days after the date
15-3 the request is made.
15-4 Sec. 84.004. HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.
15-5 (a) If a respondent receives service of notice of an application
15-6 for a protective order within 48 hours before the time set for the
15-7 hearing, on request by the respondent, the court shall reschedule
15-8 the hearing for a date not later than 14 days after the date set
15-9 for the hearing.
15-10 (b) The respondent is not entitled to additional service for
15-11 a hearing rescheduled under this section.
15-12 CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
15-13 SUBCHAPTER A. FINDINGS AND ORDERS
15-14 Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the
15-15 close of a hearing on an application for a protective order, the
15-16 court shall find whether:
15-17 (1) family violence has occurred; and
15-18 (2) family violence is likely to occur in the future.
15-19 (b) If the court finds that family violence has occurred and
15-20 that family violence is likely to occur in the future, the court:
15-21 (1) shall render a protective order as provided by
15-22 Section 85.022 applying only to a person found to have committed
15-23 family violence; and
15-24 (2) may render a protective order as provided by
15-25 Section 85.021 applying to both parties that is in the best
16-1 interest of the family or household or member of the family or
16-2 household.
16-3 (c) A protective order that requires the first applicant to
16-4 do or refrain from doing an act under Section 85.022 shall include
16-5 a finding that the first applicant has committed family violence
16-6 and is likely to commit family violence in the future.
16-7 Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE
16-8 ORDER. If the court finds that a respondent violated a protective
16-9 order by committing an act prohibited by the order as provided by
16-10 Section 85.022 and that the order has expired after the date that
16-11 the violation occurred, the court, without the necessity of making
16-12 the findings described by Section 85.001(a), shall render a
16-13 protective order as provided by Section 85.022 applying only to the
16-14 respondent and may render a protective order as provided by Section
16-15 85.021.
16-16 Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) A
16-17 court that renders separate protective orders that apply to both
16-18 parties and require both parties to do or refrain from doing acts
16-19 under Section 85.022 shall render two distinct and separate
16-20 protective orders in two separate documents that reflect the
16-21 appropriate conditions for each party.
16-22 (b) A court that renders protective orders that apply to
16-23 both parties and require both parties to do or refrain from doing
16-24 acts under Section 85.022 shall render the protective orders in two
16-25 separate documents. The court shall provide one of the documents
17-1 to the applicant and the other document to the respondent.
17-2 (c) A court may not render one protective order under
17-3 Section 85.022 that applies to both parties.
17-4 Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF
17-5 MARRIAGE. A protective order in a suit for dissolution of a
17-6 marriage must be in a separate document entitled "PROTECTIVE
17-7 ORDER."
17-8 Sec. 85.005. AGREED ORDER. (a) To facilitate settlement,
17-9 the parties to a proceeding may agree in writing to the terms of a
17-10 protective order as provided by Section 85.021. An agreement under
17-11 this subsection is subject to the approval of the court.
17-12 (b) To facilitate settlement, a respondent may agree in
17-13 writing to the terms of a protective order as provided by Section
17-14 85.022, subject to the approval of the court. The court may not
17-15 approve an agreement that requires the applicant to do or refrain
17-16 from doing an act under Section 85.022.
17-17 (c) If the court approves an agreement between the parties,
17-18 the court shall render an agreed protective order that is in the
17-19 best interest of the applicant, the family or household, or a
17-20 member of the family or household.
17-21 (d) An agreed protective order is not enforceable as a
17-22 contract.
17-23 (e) An agreed protective order expires on the date the court
17-24 order expires.
17-25 Sec. 85.006. DEFAULT ORDER. (a) A court may render a
18-1 protective order that is binding on a respondent who does not
18-2 attend a hearing if the respondent received service of the
18-3 application and notice of the hearing.
18-4 (b) If the court reschedules the hearing under Chapter 84, a
18-5 protective order may be rendered if the respondent does not attend
18-6 the rescheduled hearing.
18-7 Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION.
18-8 (a) On request by a member of a family or household, the court may
18-9 exclude from a protective order the address and telephone number
18-10 of:
18-11 (1) a person protected by the order, in which case the
18-12 order shall state the county in which the person resides;
18-13 (2) the place of employment or business of a person
18-14 protected by the order; or
18-15 (3) the child-care facility or school a child
18-16 protected by the order attends or in which the child resides.
18-17 (b) On granting a request for confidentiality under this
18-18 section, the court shall order the clerk to:
18-19 (1) strike the information described by Subsection (a)
18-20 from the public records of the court; and
18-21 (2) maintain a confidential record of the information
18-22 for use only by the court.
18-23 Sec. 85.008. DISMISSAL OF APPLICATION PROHIBITED IF DIVORCE
18-24 FILED; EXCEPTION. (a) A court may not dismiss an application for
18-25 a protective order on the grounds that a suit for dissolution of a
19-1 marriage is filed.
19-2 (b) A court may dismiss an application for a protective
19-3 order under this chapter if the court in which a suit for
19-4 dissolution of a marriage is pending has rendered a protective
19-5 order or denied on its merits an application for a protective order
19-6 filed in the court by the same applicant.
19-7 Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective
19-8 order rendered under this chapter is valid and enforceable pending
19-9 further action by the court that rendered the order until the order
19-10 is properly superseded by another court with jurisdiction over the
19-11 order.
19-12 (Sections 85.010-85.020 reserved for expansion)
19-13 SUBCHAPTER B. CONTENTS OF PROTECTIVE ORDER
19-14 Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.
19-15 In a protective order, the court may:
19-16 (1) prohibit a party from:
19-17 (A) removing a child who is a member of the
19-18 family or household from:
19-19 (i) the possession of a person named in
19-20 the order; or
19-21 (ii) the jurisdiction of the court; or
19-22 (B) transferring, encumbering, or otherwise
19-23 disposing of property, other than in the ordinary course of
19-24 business, that is mutually owned or leased by the parties;
19-25 (2) grant exclusive possession of a residence to a
20-1 party and, if appropriate, direct one or more parties to vacate the
20-2 residence if the residence:
20-3 (A) is jointly owned or leased by the party
20-4 receiving exclusive possession and a party being denied possession;
20-5 (B) is owned or leased by the party retaining
20-6 possession; or
20-7 (C) is owned or leased by the party being denied
20-8 possession and that party has an obligation to support the party or
20-9 a child of the party granted possession of the residence;
20-10 (3) provide for the possession of and access to a
20-11 child of a party if the person receiving possession of or access to
20-12 the child is a parent of the child;
20-13 (4) require the payment of support for a party or for
20-14 a child of a party if the person required to make the payment has
20-15 an obligation to support the other party or the child; or
20-16 (5) award to a party the use and possession of
20-17 specified property that is community property or jointly owned or
20-18 leased property.
20-19 Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
20-20 COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court
20-21 may order the person found to have committed family violence to:
20-22 (1) complete a batterer's treatment program if a
20-23 program is available;
20-24 (2) counsel with a social worker, family service
20-25 agency, physician, psychologist, licensed therapist, or licensed
21-1 professional counselor if a program under Subdivision (1) is not
21-2 available; or
21-3 (3) perform acts specified by the court that the court
21-4 determines are necessary or appropriate to prevent or reduce the
21-5 likelihood of family violence.
21-6 (b) In a protective order, the court may prohibit the person
21-7 found to have committed family violence from:
21-8 (1) committing family violence;
21-9 (2) communicating:
21-10 (A) directly with a member of the family or
21-11 household in a threatening or harassing manner;
21-12 (B) a threat through any person to a member of
21-13 the family or household; and
21-14 (C) if the court finds good cause, in any manner
21-15 with a member of the family or household except through the party's
21-16 attorney or a person appointed by the court;
21-17 (3) going to or near the residence or place of
21-18 employment or business of a member of the family or household;
21-19 (4) going to or near the residence, child-care
21-20 facility, or school a child protected under the order normally
21-21 attends or in which the child normally resides; and
21-22 (5) engaging in conduct directed specifically toward a
21-23 person who is a member of the family or household, including
21-24 following the person, that is reasonably likely to harass, annoy,
21-25 alarm, abuse, torment, or embarrass the person.
22-1 (c) In an order under Subsection (b)(3) or (4), the court
22-2 shall specifically describe each prohibited location and the
22-3 minimum distances from the location, if any, that the party must
22-4 maintain. This subsection does not apply to an order in which
22-5 Section 85.007 applies.
22-6 Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order
22-7 or an agreement approved by the court under this subtitle does not
22-8 affect the title to real property.
22-9 Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT. (a) A
22-10 person found to have engaged in family violence who is ordered to
22-11 attend a program or counseling under Section 85.022(a)(1) or (2)
22-12 and who does not provide to the court an affidavit before the 60th
22-13 day after the date the order was rendered stating either that the
22-14 person has begun the program or counseling or that a program or
22-15 counseling is not available within a reasonable distance from the
22-16 person's residence may be punished for contempt of court under
22-17 Section 21.002, Government Code.
22-18 (b) A protective order under Section 85.022 must
22-19 specifically advise the person subject to the order of the
22-20 requirement of this section and the possible punishment if the
22-21 person fails to comply with the requirement.
22-22 Sec. 85.025. DURATION OF PROTECTIVE ORDER. An order under
22-23 this subtitle is effective for the period stated in the order, not
22-24 to exceed one year. An order that does not specify the period for
22-25 which the order is effective expires on the first anniversary of
23-1 the date the order was issued.
23-2 Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each
23-3 protective order issued under this subtitle, including a temporary
23-4 ex parte order, must contain the following printed statement in
23-5 bold-faced type or capital letters:
23-6 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
23-7 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
23-8 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
23-9 (b) Each protective order issued under this subtitle, except
23-10 for a temporary ex parte order, must contain the following printed
23-11 statement in bold-faced type or capital letters:
23-12 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
23-13 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
23-14 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
23-15 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
23-16 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
23-17 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
23-18 FOR AT LEAST TWO YEARS."
23-19 (c) Each protective order issued under this subtitle,
23-20 including a temporary ex parte order, must contain the following
23-21 printed statement in bold-faced type or capital letters:
23-22 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
23-23 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
23-24 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
23-25 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
24-1 UNLESS A COURT CHANGES THE ORDER."
24-2 (Sections 85.027-85.040 reserved for expansion)
24-3 SUBCHAPTER C. DELIVERY OF PROTECTIVE ORDER
24-4 Sec. 85.041. DELIVERY TO RESPONDENT. (a) A protective
24-5 order rendered under this subtitle shall be:
24-6 (1) delivered to the respondent as provided by Rule
24-7 21a, Texas Rules of Civil Procedure;
24-8 (2) served in the same manner as a writ of injunction;
24-9 or
24-10 (3) served in open court at the close of the hearing
24-11 as provided by this section.
24-12 (b) The court shall serve an order in open court to a
24-13 respondent who is present at the hearing by giving to the
24-14 respondent a copy of the order, reduced to writing and signed by
24-15 the judge or master. A certified copy of the signed order shall be
24-16 given to the applicant at the time the order is given to the
24-17 respondent. If the applicant is not in court at the conclusion of
24-18 the hearing, the clerk of the court shall mail a certified copy of
24-19 the order to the applicant not later than the third business day
24-20 after the date the hearing is concluded.
24-21 (c) If the order has not been reduced to writing, the court
24-22 shall give notice orally to a respondent who is present at the
24-23 hearing of the part of the order that contains prohibitions under
24-24 Section 85.022 or any other part of the order that contains
24-25 provisions necessary to prevent further family violence. The clerk
25-1 of the court shall mail a copy of the order to the respondent and a
25-2 certified copy of the order to the applicant not later than the
25-3 third business day after the date the hearing is concluded.
25-4 (d) If the respondent is not present at the hearing and the
25-5 order has been reduced to writing at the conclusion of the hearing,
25-6 the clerk of the court shall immediately provide a certified copy
25-7 of the order to the applicant and mail a copy of the order to the
25-8 respondent not later than the third business day after the date the
25-9 hearing is concluded.
25-10 Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS. (a) The
25-11 clerk of the court issuing an original or modified protective order
25-12 under this subtitle shall send a copy of the order to the chief of
25-13 police of the municipality in which the member of the family or
25-14 household protected by the order resides, if the person resides in
25-15 a municipality, or to the sheriff of the county in which the person
25-16 resides, if the person does not reside in a municipality.
25-17 (b) If a protective order made under this chapter prohibits
25-18 a respondent from going to or near a child-care facility or school,
25-19 the clerk of the court shall send a copy of the order to the
25-20 child-care facility or school.
25-21 (c) The clerk of a court that vacates an original or
25-22 modified protective order under this subtitle shall notify the
25-23 chief of police or sheriff who received a copy of the original or
25-24 modified order that the order is vacated.
26-1 CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS
26-2 Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT
26-3 AGENCY. (a) To ensure that law enforcement officers responding to
26-4 calls are aware of the existence and terms of protective orders
26-5 issued under this subtitle, each law enforcement agency shall
26-6 establish procedures in the agency to provide adequate information
26-7 or access to information for law enforcement officers of the names
26-8 of each person protected by an order issued under this subtitle and
26-9 of each person against whom protective orders are directed.
26-10 (b) A law enforcement agency may enter a protective order in
26-11 the agency's computer records of outstanding warrants as notice
26-12 that the order has been issued and is currently in effect. On
26-13 receipt of notification by a clerk of court that the court has
26-14 vacated or dismissed an order, the law enforcement agency shall
26-15 remove the order from the agency's computer record of outstanding
26-16 warrants.
26-17 Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS
26-18 DEALERS. (a) On receipt of a request for a law enforcement
26-19 information system record check of a prospective transferee by a
26-20 licensed firearms dealer under the Brady Handgun Violence
26-21 Prevention Act, 18 U.S.C. Section 922, the chief law enforcement
26-22 officer shall determine whether the Department of Public Safety has
26-23 in the department's law enforcement information system a record
26-24 indicating the existence of an active protective order directed to
26-25 the prospective transferee.
27-1 (b) If the department's law enforcement information system
27-2 indicates the existence of an active protective order directed to
27-3 the prospective transferee, the chief law enforcement officer shall
27-4 immediately advise the dealer that the transfer is prohibited.
27-5 Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE
27-6 UNDER TEMPORARY ORDER. On request by an applicant obtaining a
27-7 temporary ex parte protective order that excludes the respondent
27-8 from the respondent's residence, the court granting the temporary
27-9 order shall render a written order to the sheriff or chief of
27-10 police to provide a law enforcement officer from the department of
27-11 the chief of police or sheriff to:
27-12 (1) accompany the applicant to the residence covered
27-13 by the order;
27-14 (2) inform the respondent that the court has ordered
27-15 that the respondent be excluded from the residence;
27-16 (3) protect the applicant while the applicant takes
27-17 possession of the residence; and
27-18 (4) protect the applicant if the respondent refuses to
27-19 vacate the residence while the applicant takes possession of the
27-20 applicant's necessary personal property.
27-21 Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE
27-22 UNDER FINAL ORDER. On request by an applicant obtaining a final
27-23 protective order that excludes the respondent from the respondent's
27-24 residence, the court granting the final order shall render a
27-25 written order to the sheriff or chief of police to provide a law
28-1 enforcement officer from the department of the chief of police or
28-2 sheriff to:
28-3 (1) accompany the applicant to the residence covered
28-4 by the order;
28-5 (2) inform the respondent that the court has ordered
28-6 that the respondent be excluded from the residence;
28-7 (3) protect the applicant while the applicant takes
28-8 possession of the residence and the respondent takes possession of
28-9 the respondent's necessary personal property; and
28-10 (4) if the respondent refuses to vacate the residence:
28-11 (A) remove the respondent from the residence;
28-12 and
28-13 (B) arrest the respondent for violating the
28-14 court order.
28-15 CHAPTER 87. MODIFICATION OF PROTECTIVE ORDERS
28-16 Sec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the
28-17 motion of any party, the court, after notice and hearing, may
28-18 modify an existing protective order to:
28-19 (1) exclude any item included in the order; or
28-20 (2) include any item that could have been included in
28-21 the order.
28-22 Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
28-23 A protective order may not be modified to extend the period of the
28-24 order's validity beyond the first anniversary of the date the
28-25 original order was rendered.
29-1 Sec. 87.003. NOTIFICATION OF MOTION TO MODIFY. Notice of a
29-2 motion to modify a protective order is sufficient if delivery of
29-3 the motion is attempted on the respondent at the respondent's last
29-4 known address by registered or certified mail as provided by Rule
29-5 21a, Texas Rules of Civil Procedure.
29-6 SUBTITLE C. REPORTING FAMILY VIOLENCE
29-7 CHAPTER 91. REPORTING FAMILY VIOLENCE
29-8 Sec. 91.001. DEFINITIONS. In this subtitle:
29-9 (1) "Family violence" has the meaning assigned by
29-10 Section 71.004.
29-11 (2) "Medical professional" means a licensed doctor,
29-12 nurse, physician assistant, or emergency medical technician.
29-13 Sec. 91.002. REPORTING BY WITNESSES ENCOURAGED. A person
29-14 who witnesses family violence is encouraged to report the family
29-15 violence to a local law enforcement agency.
29-16 Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.
29-17 A medical professional who treats a person for injuries that the
29-18 medical professional has reason to believe were caused by family
29-19 violence shall:
29-20 (1) immediately provide the person with information
29-21 regarding the nearest family violence shelter center;
29-22 (2) document in the person's medical file:
29-23 (A) the fact that the person has received the
29-24 information provided under Subdivision (1); and
29-25 (B) the reasons for the medical professional's
30-1 belief that the person's injuries were caused by family violence;
30-2 and
30-3 (3) give the person a written notice in substantially
30-4 the following form, completed with the required information, in
30-5 both English and Spanish:
30-6 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
30-7 "It is a crime for any person to cause you any physical injury or
30-8 harm even if that person is a member or former member of your
30-9 family or household.
30-10 "You may report family violence to a law enforcement officer by
30-11 calling the following telephone numbers:
30-12 ____________________________________________________.
30-13 "If you, your child, or any other household resident has been
30-14 injured or if you feel you are going to be in danger after a law
30-15 enforcement officer investigating family violence leaves your
30-16 residence or at a later time, you have the right to:
30-17 "Ask the local prosecutor to file a criminal complaint
30-18 against the person committing family violence; and
30-19 "Apply to a court for an order to protect you. You may want
30-20 to consult with a legal aid office, a prosecuting attorney, or a
30-21 private attorney. A court can enter an order that:
30-22 "(1) prohibits the abuser from committing further acts
30-23 of violence;
30-24 "(2) prohibits the abuser from threatening, harassing,
30-25 or contacting you at home;
31-1 "(3) directs the abuser to leave your household; and
31-2 "(4) establishes temporary custody of the children or
31-3 any property.
31-4 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY
31-5 BE A FELONY.
31-6 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
31-7 YOU NEED PROTECTION: _________________________________."
31-8 Sec. 91.004. APPLICATION OF SUBTITLE. This subtitle does
31-9 not affect a duty to report child abuse under Chapter 261.
31-10 CHAPTER 92. IMMUNITY
31-11 Sec. 92.001. IMMUNITY. (a) Except as provided by
31-12 Subsection (b), a person who reports family violence under Section
31-13 91.002 or provides information under Section 91.003 is immune from
31-14 civil liability that might otherwise be incurred or imposed.
31-15 (b) A person who reports the person's own conduct or who
31-16 otherwise reports family violence in bad faith is not protected
31-17 from liability under this section.
31-18 SECTION 2. Title 4, Family Code, as that title existed
31-19 before the effective date of this Act, is repealed.
31-20 SECTION 3. The change in law made by this Act does not
31-21 affect a proceeding under the Family Code pending on the effective
31-22 date of this Act. A proceeding pending on the effective date of
31-23 this Act is governed by the law in effect at the time the
31-24 proceeding was commenced, and the former law is continued in effect
31-25 for that purpose.
32-1 SECTION 4. The importance of this legislation and the
32-2 crowded condition of the calendars in both houses create an
32-3 emergency and an imperative public necessity that the
32-4 constitutional rule requiring bills to be read on three several
32-5 days in each house be suspended, and this rule is hereby suspended,
32-6 and that this Act take effect and be in force from and after its
32-7 passage, and it is so enacted.
32-8 COMMITTEE AMENDMENT NO. 1
32-9 Amend S.B. 797 as follows:
32-10 On page 6, line 4, delete Subsection (c).
32-11 Naishtat