1-1     By:  Harris                                            S.B. No. 797

 1-2           (In the Senate - Filed February 26, 1997; March 4, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     March 26, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; March 26, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the recodification of statutes relating to protective

 1-9     orders and family violence.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  The Family Code is recodified by reenacting Title

1-12     4 to read as follows:

1-13                       TITLE 4.  PROTECTIVE ORDERS AND

1-14                               FAMILY VIOLENCE

1-15                       SUBTITLE A.  GENERAL PROVISIONS

1-16                          CHAPTER 71.  DEFINITIONS

1-17           Sec. 71.001.  APPLICABILITY OF DEFINITIONS.  (a)  Definitions

1-18     in this chapter apply to this title.

1-19           (b)  If, in another part of this title, a term defined by

1-20     this chapter has a meaning different from the meaning provided by

1-21     this chapter, the meaning of that other provision prevails.

1-22           (c)  Except as provided by this chapter, the definitions in

1-23     Chapter 101 apply to terms used in this title.

1-24           Sec. 71.002.  COURT.  "Court" means the district court, court

1-25     of domestic relations, juvenile court having the jurisdiction of a

1-26     district court, statutory county court, or other court expressly

1-27     given jurisdiction under this title.

1-28           Sec. 71.003.  FAMILY.  "Family" includes individuals related

1-29     by consanguinity or affinity, as determined under Sections 573.022

1-30     and 573.024, Government Code, individuals who are former spouses of

1-31     each other, individuals who are the biological parents of the same

1-32     child, without regard to marriage, and a foster child and foster

1-33     parent, without regard to whether those individuals reside

1-34     together.

1-35           Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:

1-36                 (1)  an act by a member of a family or household

1-37     against another member of the family or household that is intended

1-38     to result in physical harm, bodily injury, assault, or sexual

1-39     assault or that is a threat that reasonably places the member in

1-40     fear of imminent physical harm, bodily injury, assault, or sexual

1-41     assault, but does not include defensive measures to protect

1-42     oneself; or

1-43                 (2)  abuse, as that term is defined by Sections

1-44     261.001(1)(C), (E), and (G) by a member of a family or household

1-45     toward a child of the family or household.

1-46           Sec. 71.005.  HOUSEHOLD.  "Household" means a unit composed

1-47     of persons living together in the same dwelling, without regard to

1-48     whether they are related to each other.

1-49           Sec. 71.006.  MEMBER OF A HOUSEHOLD.  "Member of a household"

1-50     includes a person who previously lived in a household.

1-51           Sec. 71.007.  PROSECUTING ATTORNEY.  "Prosecuting attorney"

1-52     means the attorney, determined as provided in this title, who

1-53     represents the state in a district or statutory county court in the

1-54     county in which venue of the application for a protective order is

1-55     proper.

1-56                       SUBTITLE B.  PROTECTIVE ORDERS

1-57                       CHAPTER 81.  GENERAL PROVISIONS

1-58           Sec. 81.001.  ENTITLEMENT TO PROTECTIVE ORDER.  A court shall

1-59     render a protective order as provided by Section 85.001(b) if the

1-60     court finds that family violence has occurred and is likely to

1-61     occur in the future.

1-62           Sec. 81.002.  NO FEE FOR APPLICANT.  (a)  An applicant for a

1-63     protective order may not be assessed a fee, cost, charge, or

1-64     expense by a clerk of the court or other public official in

 2-1     connection with the filing, servicing, or entering of a protective

 2-2     order.

 2-3           (b)  A fee may not be charged to an applicant to dismiss,

 2-4     modify, or withdraw a protective order.

 2-5           Sec. 81.003.  FEES AND COSTS PAID BY RESPONDENT.  Except on a

 2-6     showing of the indigence of the respondent by the respondent, the

 2-7     court shall require in a protective order that the respondent

 2-8     against whom the order is rendered pay the $16 protective order

 2-9     fee, the standard fees charged by the clerk of the court in a

2-10     general civil proceeding for the cost of serving the order, the

2-11     costs of court, and all other fees, charges, or expenses incurred

2-12     in connection with the protective order.

2-13           Sec. 81.004.  CONTEMPT FOR NONPAYMENT OF FEE.  A respondent

2-14     who is ordered to pay fees and costs and who does not pay before

2-15     the 60th day after the date the order was rendered may be punished

2-16     for contempt of court as provided by Section 21.002, Government

2-17     Code.

2-18           Sec. 81.005.  ATTORNEY'S FEES.  (a)  The court may assess

2-19     reasonable attorney's fees against the party found to have

2-20     committed family violence as compensation for the services of a

2-21     private or prosecuting attorney or an attorney employed by the

2-22     Department of Protective and Regulatory Services.

2-23           (b)  In setting the amount of attorney's fees, the court

2-24     shall consider the income and ability to pay of the person against

2-25     whom the fee is assessed.

2-26           Sec. 81.006.  PAYMENT OF ATTORNEY'S FEES.  The amount of fees

2-27     collected under this chapter as compensation for the fees:

2-28                 (1)  of a private attorney shall be paid to the private

2-29     attorney who may enforce the order for fees in the attorney's own

2-30     name;

2-31                 (2)  of a prosecuting attorney shall be paid to the

2-32     credit of the county fund from which the salaries of the employees

2-33     of the prosecuting attorney are paid or supplemented; and

2-34                 (3)  of an attorney employed by the Department of

2-35     Protective and Regulatory Services shall be deposited in the

2-36     general revenue fund to the credit of the Department of Protective

2-37     and Regulatory Services.

2-38           Sec. 81.007.  PROSECUTING ATTORNEY.  (a)  The county attorney

2-39     or the criminal district attorney is the prosecuting attorney

2-40     responsible for filing applications under this subtitle unless the

2-41     district attorney assumes the responsibility by giving notice of

2-42     that assumption to the county attorney.

2-43           (b)  The prosecuting attorney responsible for filing an

2-44     application under this subtitle shall provide notice of that

2-45     responsibility to all law enforcement agencies in the jurisdiction

2-46     of the prosecuting attorney.

2-47           (c)  The prosecuting attorney shall comply with Article 5.06,

2-48     Code of Criminal Procedure, in filing an application under this

2-49     subtitle.

2-50           Sec. 81.008.  RELIEF CUMULATIVE.  Except as provided by this

2-51     subtitle, the relief and remedies provided by this subtitle are

2-52     cumulative of other relief and remedies provided by law.

2-53                 CHAPTER 82.  APPLYING FOR PROTECTIVE ORDER

2-54               SUBCHAPTER A.  APPLICATION FOR PROTECTIVE ORDER

2-55           Sec. 82.001.  APPLICATION.  A proceeding under this subtitle

2-56     is begun by filing "An Application for a Protective Order" with the

2-57     clerk of the court.

2-58           Sec. 82.002.  WHO MAY FILE APPLICATION.  (a)  An application

2-59     for a protective order to protect the applicant or any other member

2-60     of the applicant's family or household may be filed by:

2-61                 (1)  an adult member of the family or household; or

2-62                 (2)  any adult for the protection of a child member of

2-63     the family or household.

2-64           (b)  In addition, an application may be filed for the

2-65     protection of any person alleged to be a victim of family violence

2-66     by:

2-67                 (1)  a prosecuting attorney; or

2-68                 (2)  the Department of Protective and Regulatory

2-69     Services.

 3-1           (c)  The person alleged to be the victim of family violence

 3-2     in an application filed under Subsection (b) is considered to be

 3-3     the applicant for a protective order under this subtitle.

 3-4           Sec. 82.003.  VENUE.  An application may be filed in:

 3-5                 (1)  the county in which the applicant resides; or

 3-6                 (2)  the county in which the respondent resides.

 3-7           Sec. 82.004.  CONTENTS OF APPLICATION.  An application must

 3-8     state:

 3-9                 (1)  the name and county of residence of each

3-10     applicant;

3-11                 (2)  the name, address, and county of residence of each

3-12     individual alleged to have committed family violence;

3-13                 (3)  the relationships between the applicants and the

3-14     individual alleged to have committed family violence; and

3-15                 (4)  a request for one or more protective orders.

3-16           Sec. 82.005.  APPLICATION FILED DURING SUIT FOR DISSOLUTION

3-17     OF MARRIAGE.  (a)  A person who wishes to apply for a protective

3-18     order with respect to the person's spouse and who is a party to a

3-19     suit for the dissolution of a marriage that is pending in a court

3-20     must file the application as a motion in that suit.

3-21           (b)  An applicant denied a protective order filed as a motion

3-22     in a suit for dissolution of a marriage may not apply for a

3-23     protective order in another court based on facts identical to the

3-24     facts stated in the previous application.

3-25           Sec. 82.006.  APPLICATION FILED AFTER DISSOLUTION OF

3-26     MARRIAGE.  If an applicant for a protective order is a former

3-27     spouse of the individual alleged to have committed family violence,

3-28     the application must include:

3-29                 (1)  a copy of the decree dissolving the marriage; or

3-30                 (2)  a statement that the decree is unavailable to the

3-31     applicant and that a copy of the decree will be filed with the

3-32     court before the hearing on the application.

3-33           Sec. 82.007.  APPLICATION FILED FOR CHILD SUBJECT TO

3-34     CONTINUING JURISDICTION.  An application that requests a protective

3-35     order for a child who is subject to the continuing exclusive

3-36     jurisdiction of a court under Title 5 or alleges that a child who

3-37     is subject to the continuing exclusive jurisdiction of a court

3-38     under Title 5 has committed family violence must include:

3-39                 (1)  a copy of each court order affecting the

3-40     conservatorship, support, and possession of or access to the child;

3-41     or

3-42                 (2)  a statement that the orders affecting the child

3-43     are unavailable to the applicant and that a copy of the orders will

3-44     be filed with the court before the hearing on the application.

3-45           Sec. 82.008.  APPLICATION FILED AFTER EXPIRATION OF FORMER

3-46     PROTECTIVE ORDER.  (a)  If an application for a protective order

3-47     alleges that the respondent has violated a previously rendered

3-48     protective order by committing an act prohibited by the order and

3-49     that the protective order has expired after the date that the

3-50     violation occurred, the application for the new protective order

3-51     must include:

3-52                 (1)  a copy of the expired protective order attached to

3-53     the application or, if a copy of the expired protective order is

3-54     unavailable, a statement that the order is unavailable to the

3-55     applicant and that a copy of the order will be filed with the court

3-56     before the hearing on the application;

3-57                 (2)  a description of the violation of the expired

3-58     protective order; and

3-59                 (3)  a statement that the violation of the expired

3-60     order has not been grounds for any other order protecting the

3-61     applicant that has been issued or requested under this subtitle.

3-62           (b)  The procedural requirements for an original application

3-63     for a protective order apply to a protective order requested under

3-64     this section.

3-65           Sec. 82.009.  APPLICATION FOR TEMPORARY EX PARTE ORDER.  An

3-66     application that requests the issuance of a temporary ex parte

3-67     order under Chapter 83 must:

3-68                 (1)  contain a detailed description of the facts and

3-69     circumstances concerning the alleged family violence and the need

 4-1     for the immediate protective order; and

 4-2                 (2)  be signed by each applicant under an oath that the

 4-3     facts and circumstances contained in the application are true to

 4-4     the best knowledge and belief of each applicant.

 4-5               (Sections 82.010-82.020 reserved for expansion)

 4-6                   SUBCHAPTER B.  PLEADINGS BY RESPONDENT

 4-7           Sec. 82.021.  ANSWER.  A respondent to an application for a

 4-8     protective order who is served with notice of an application for a

 4-9     protective order may file an answer at any time before the hearing.

4-10     A respondent is not required to file an answer to the application.

4-11           Sec. 82.022.  REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.  To

4-12     apply for a protective order, a respondent to an application for a

4-13     protective order must file a separate application.

4-14               (Sections 82.023-82.040 reserved for expansion)

4-15          SUBCHAPTER C.  NOTICE OF APPLICATION FOR PROTECTIVE ORDER

4-16           Sec. 82.041.  CONTENTS OF NOTICE OF APPLICATION.  (a)  A

4-17     notice of an application for a protective order must:

4-18                 (1)  be styled "The State of Texas";

4-19                 (2)  be signed by the clerk of the court under the

4-20     court's seal;

4-21                 (3)  contain the name and location of the court;

4-22                 (4)  show the date the application was filed;

4-23                 (5)  show the date notice of the application for a

4-24     protective order was issued;

4-25                 (6)  show the date, time, and place of the hearing;

4-26                 (7)  show the file number;

4-27                 (8)  show the name of each applicant and each person

4-28     alleged to have committed family violence;

4-29                 (9)  be directed to each person alleged to have

4-30     committed family violence;

4-31                 (10)  show the name and address of the attorney for the

4-32     applicant or the address of the applicant; and

4-33                 (11)  contain the address of the clerk of the court.

4-34           (b)  The notice of an application for a protective order must

4-35     state:  "An application for a protective order has been filed in

4-36     the court stated in this notice alleging that you have committed

4-37     family violence.  You may employ an attorney to defend you against

4-38     this allegation.  You or your attorney may, but are not required

4-39     to, file a written answer to the application.  Any answer must be

4-40     filed before the hearing on the application.  If you receive this

4-41     notice within 48 hours before the time set for the hearing, you may

4-42     request the court to reschedule the hearing not later than 14 days

4-43     after the date set for the hearing.  If you do not attend the

4-44     hearing, a default judgment may be taken and a protective order may

4-45     be issued against you."

4-46           Sec. 82.042.  ISSUANCE OF NOTICE OF APPLICATION.  (a)  On the

4-47     filing of an application, the clerk of the court shall issue a

4-48     notice of an application for a protective order and deliver the

4-49     notice as directed by the applicant.

4-50           (b)  On request by the applicant, the clerk of the court

4-51     shall issue a separate or additional notice of an application for a

4-52     protective order.

4-53           Sec. 82.043.  SERVICE OF NOTICE OF APPLICATION.  (a)  Each

4-54     respondent to an application for a protective order is entitled to

4-55     service of notice of an application for a protective order.

4-56           (b)  An applicant for a protective order shall furnish the

4-57     clerk with a sufficient number of copies of the application for

4-58     service on each respondent.

4-59           (c)  Notice of an application for a protective order must be

4-60     served in the same manner as citation under the Texas Rules of

4-61     Civil Procedure, except that service by publication is not

4-62     authorized.

4-63           (d)  Service of notice of an application for a protective

4-64     order is not required before the issuance of a temporary ex parte

4-65     order under Chapter 83.

4-66           (e)  The requirements of service of notice under this

4-67     subchapter do not apply if the application is filed as a motion in

4-68     a suit for dissolution of a marriage.  Notice for the motion is

4-69     given in the same manner as any other motion in a suit for

 5-1     dissolution of a marriage.

 5-2                   CHAPTER 83.  TEMPORARY EX PARTE ORDERS

 5-3           Sec. 83.001.  REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.

 5-4     (a)  If the court finds from the information contained in an

 5-5     application for a protective order that there is a clear and

 5-6     present danger of family violence, the court, without further

 5-7     notice to any other member of the family or household and without a

 5-8     hearing, may enter a temporary ex parte order for the protection of

 5-9     the applicant or any other member of the family or household of the

5-10     applicant.

5-11           (b)  In a temporary ex parte order, the court may direct a

5-12     respondent to do or refrain from doing specified acts.

5-13           Sec. 83.002.  DURATION OF ORDER; EXTENSION.  (a)  A temporary

5-14     ex parte order is valid for the period specified in the order, not

5-15     to exceed 20 days.

5-16           (b)  On the request of an applicant or on the court's own

5-17     motion, a temporary ex parte order may be extended for additional

5-18     20-day periods.

5-19           Sec. 83.003.  BOND NOT REQUIRED.  The court, at the court's

5-20     discretion, may dispense with the necessity of a bond for a

5-21     temporary ex parte order.

5-22           Sec. 83.004.  MOTION TO VACATE.  Any member of the family or

5-23     household affected by a temporary ex parte order may file a motion

5-24     at any time to vacate the order.  On the filing of the motion to

5-25     vacate, the court shall set a date for hearing the motion as soon

5-26     as possible.

5-27           Sec. 83.005.  CONFLICTING ORDERS.  During the time the order

5-28     is valid, a temporary ex parte order prevails over any other court

5-29     order made under Title 5, except that on a motion to vacate the

5-30     temporary ex parte order, the court shall vacate the portions of

5-31     the order shown to be in conflict with the other court order.

5-32           Sec. 83.006.  EXCLUSION OF PARTY FROM RESIDENCE.

5-33     (a)  Subject to the limitations of Section 85.021(2), a person may

5-34     only be excluded from the occupancy of the person's residence by a

5-35     temporary ex parte order under this chapter if the applicant:

5-36                 (1)  files a sworn affidavit that provides a detailed

5-37     description of the facts and circumstances requiring the exclusion

5-38     of the person from the residence; and

5-39                 (2)  appears in person to testify at a temporary ex

5-40     parte hearing to justify the issuance of the order without notice.

5-41           (b)  Before the court may render a temporary ex parte order

5-42     excluding a person from the person's residence, the court must find

5-43     from the required affidavit and testimony that:

5-44                 (1)  the applicant requesting the excluding order

5-45     either resides on the premises or has resided there within 30 days

5-46     before the date the application was filed;

5-47                 (2)  the person to be excluded has within the 30 days

5-48     before the date the application was filed committed family violence

5-49     against a member of the household; and

5-50                 (3)  there is a clear and present danger that the

5-51     person to be excluded is likely to commit family violence against a

5-52     member of the household.

5-53           Sec. 83.007.  RECESS OF HEARING TO CONTACT RESPONDENT.  The

5-54     court may recess the hearing on a temporary ex parte order to

5-55     contact the respondent by telephone and provide the respondent the

5-56     opportunity to be present when the court resumes the hearing.

5-57     Without regard to whether the respondent is able to be present at

5-58     the hearing, the court shall resume the hearing before the end of

5-59     the working day.

5-60                            CHAPTER 84.  HEARING

5-61           Sec. 84.001.  TIME SET FOR HEARING.  (a)  On the filing of an

5-62     application for a protective order, the court shall set a date and

5-63     time for the hearing unless a later date is requested by the

5-64     applicant.  Except as provided by Section 84.002, the court may not

5-65     set a date later than the 14th day after the date the application

5-66     is filed.

5-67           (b)  The court may not delay a hearing on an application  in

5-68     order to consolidate it with a hearing on a subsequently filed

5-69     application.

 6-1           Sec. 84.002.  EXTENDED TIME FOR HEARING IN CERTAIN COUNTIES.

 6-2     (a)  On the request of the prosecuting attorney in a county with a

 6-3     population of more than 1.5 million, the court shall set the

 6-4     hearing on a date and time not later than 20 days after the date

 6-5     the application is filed or 20 days after the date a request is

 6-6     made to reschedule a hearing under Section 84.003.

 6-7           (b)  The court shall grant the request of the prosecuting

 6-8     attorney for an extended time in which to hold a hearing on a

 6-9     protective order either on a case-by-case basis or for all cases

6-10     filed under this subtitle.

6-11           Sec. 84.003.  HEARING RESCHEDULED FOR FAILURE OF SERVICE.

6-12     (a)  If a hearing set under this chapter is not held because of the

6-13     failure of a respondent to receive service of notice of an

6-14     application for a protective order, the applicant may request the

6-15     court to reschedule the hearing.

6-16           (b)  Except as provided by Section 84.002, the date for a

6-17     rescheduled hearing shall be not later than 14 days after the date

6-18     the request is made.

6-19           Sec. 84.004.  HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.

6-20     (a)  If a respondent receives service of notice of an application

6-21     for a protective order within 48 hours before the time set for the

6-22     hearing, on request by the respondent, the court shall reschedule

6-23     the hearing for a date not later than 14 days after the date set

6-24     for the hearing.

6-25           (b)  The respondent is not entitled to additional service for

6-26     a hearing rescheduled under this section.

6-27                  CHAPTER 85.  ISSUANCE OF PROTECTIVE ORDER

6-28                     SUBCHAPTER A.  FINDINGS AND ORDERS

6-29           Sec. 85.001.  REQUIRED FINDINGS AND ORDERS.  (a)  At the

6-30     close of a hearing on an application for a protective order, the

6-31     court shall find whether:

6-32                 (1)  family violence has occurred; and

6-33                 (2)  family violence is likely to occur in the future.

6-34           (b)  If the court finds that family violence has occurred and

6-35     that family violence is likely to occur in the future, the court:

6-36                 (1)  shall render a protective order as provided by

6-37     Section 85.022 applying only to a person found to have committed

6-38     family violence; and

6-39                 (2)  may render a protective order as provided by

6-40     Section 85.021 applying to both parties that is in the best

6-41     interest of the family or household or member of the family or

6-42     household.

6-43           (c)  A protective order that requires the first applicant to

6-44     do or refrain from doing an act under Section 85.022 shall include

6-45     a finding that the first applicant has committed family violence

6-46     and is likely to commit family violence in the future.

6-47           Sec. 85.002.  EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE

6-48     ORDER.  If the court finds that a respondent violated a protective

6-49     order by committing an act prohibited by the order as provided by

6-50     Section 85.022 and that the order has expired after the date that

6-51     the violation occurred, the court, without the necessity of making

6-52     the findings described by Section 85.001(a), shall render a

6-53     protective order as provided by Section 85.022 applying only to the

6-54     respondent and may render a protective order as provided by Section

6-55     85.021.

6-56           Sec. 85.003.  SEPARATE PROTECTIVE ORDERS REQUIRED.  (a)  A

6-57     court that renders separate protective orders that apply to both

6-58     parties and require both parties to do or refrain from doing acts

6-59     under Section 85.022 shall render two distinct and separate

6-60     protective orders in two separate documents that reflect the

6-61     appropriate conditions for each party.

6-62           (b)  A court that renders protective orders that apply to

6-63     both parties and require both parties to do or refrain from doing

6-64     acts under Section 85.022 shall render the protective orders in two

6-65     separate documents.  The court shall provide one of the documents

6-66     to the applicant and the other document to the respondent.

6-67           (c)  A court may not render one protective order under

6-68     Section 85.022 that applies to both parties.

6-69           Sec. 85.004.  PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF

 7-1     MARRIAGE.  A protective order in a suit for dissolution of a

 7-2     marriage must be in a separate document entitled "PROTECTIVE

 7-3     ORDER."

 7-4           Sec. 85.005.  AGREED ORDER.  (a)  To facilitate settlement,

 7-5     the parties to a proceeding may agree in writing to the terms of a

 7-6     protective order as provided by Section 85.021.  An agreement under

 7-7     this subsection is subject to the approval of the court.

 7-8           (b)  To facilitate settlement, a respondent may agree in

 7-9     writing to the terms of a protective order as provided by Section

7-10     85.022, subject to the approval of the court.  The court may not

7-11     approve an agreement that requires the applicant to do or refrain

7-12     from doing an act under Section 85.022.

7-13           (c)  If the court approves an agreement between the parties,

7-14     the court shall render an agreed protective order that is in the

7-15     best interest of the applicant, the family or household, or a

7-16     member of the family or household.

7-17           (d)  An agreed protective order is not enforceable as a

7-18     contract.

7-19           (e)  An agreed protective order expires on the date the court

7-20     order expires.

7-21           Sec. 85.006.  DEFAULT ORDER.  (a)  A court may render a

7-22     protective order that is binding on a respondent who does not

7-23     attend a hearing if the respondent received service of the

7-24     application and notice of the hearing.

7-25           (b)  If the court reschedules the hearing under Chapter 84, a

7-26     protective order may be rendered if the respondent does not attend

7-27     the rescheduled hearing.

7-28           Sec. 85.007.  CONFIDENTIALITY OF CERTAIN INFORMATION.

7-29     (a)  On request by a member of a family or household, the court may

7-30     exclude from a protective order the address and telephone number

7-31     of:

7-32                 (1)  a person protected by the order, in which case the

7-33     order shall state the county in which the person resides;

7-34                 (2)  the place of employment or business of a person

7-35     protected by the order; or

7-36                 (3)  the child-care facility or school a child

7-37     protected by the order attends or in which the child resides.

7-38           (b)  On granting a request for confidentiality under this

7-39     section, the court shall order the clerk to:

7-40                 (1)  strike the information described by Subsection (a)

7-41     from the public records of the court; and

7-42                 (2)  maintain a confidential record of the information

7-43     for use only by the court.

7-44           Sec. 85.008.  DISMISSAL OF APPLICATION PROHIBITED IF DIVORCE

7-45     FILED; EXCEPTION.  (a)  A court may not dismiss an application for

7-46     a protective order on the grounds that a suit for dissolution of a

7-47     marriage is filed.

7-48           (b)  A court may dismiss an application for a protective

7-49     order under this chapter if the court in which a suit for

7-50     dissolution of a marriage is pending has rendered a protective

7-51     order or denied on its merits an application for a protective order

7-52     filed in the court by the same applicant.

7-53           Sec. 85.009.  ORDER VALID UNTIL SUPERSEDED.  A protective

7-54     order rendered under this chapter is valid and enforceable pending

7-55     further action by the court that rendered the order until the order

7-56     is properly superseded by another court with jurisdiction over the

7-57     order.

7-58               (Sections 85.010-85.020 reserved for expansion)

7-59                 SUBCHAPTER B.  CONTENTS OF PROTECTIVE ORDER

7-60           Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.

7-61     In a protective order, the court may:

7-62                 (1)  prohibit a party from:

7-63                       (A)  removing a child who is a member of the

7-64     family or household from:

7-65                             (i)  the possession of a person named in

7-66     the order; or

7-67                             (ii)  the jurisdiction of the court; or

7-68                       (B)  transferring, encumbering, or otherwise

7-69     disposing of property, other than in the ordinary course of

 8-1     business, that is mutually owned or leased by the parties;

 8-2                 (2)  grant exclusive possession of a residence to a

 8-3     party and, if appropriate, direct one or more parties to vacate the

 8-4     residence if the residence:

 8-5                       (A)  is jointly owned or leased by the party

 8-6     receiving exclusive possession and a party being denied possession;

 8-7                       (B)  is owned or leased by the party retaining

 8-8     possession; or

 8-9                       (C)  is owned or leased by the party being denied

8-10     possession and that party has an obligation to support the party or

8-11     a child of the party granted possession of the residence;

8-12                 (3)  provide for the possession of and access to a

8-13     child of a party if the person receiving possession of or access to

8-14     the child is a parent of the child;

8-15                 (4)  require the payment of support for a party or for

8-16     a child of a party if the person required to make the payment has

8-17     an obligation to support the other party or the child; or

8-18                 (5)  award to a party the use and possession of

8-19     specified property that is community property or jointly owned or

8-20     leased property.

8-21           Sec. 85.022.  REQUIREMENTS OF ORDER APPLYING TO PERSON WHO

8-22     COMMITTED FAMILY VIOLENCE.  (a)  In a protective order, the court

8-23     may order the person found to have committed family violence to:

8-24                 (1)  complete a batterer's treatment program if a

8-25     program is available;

8-26                 (2)  counsel with a social worker, family service

8-27     agency, physician, psychologist, licensed therapist, or licensed

8-28     professional counselor if a program under Subdivision (1) is not

8-29     available; or

8-30                 (3)  perform acts specified by the court that the court

8-31     determines are necessary or appropriate to prevent or reduce the

8-32     likelihood of family violence.

8-33           (b)  In a protective order, the court may prohibit the person

8-34     found to have committed family violence from:

8-35                 (1)  committing family violence;

8-36                 (2)  communicating:

8-37                       (A)  directly with a member of the family or

8-38     household in a threatening or harassing manner;

8-39                       (B)  a threat through any person to a member of

8-40     the family or household; and

8-41                       (C)  if the court finds good cause, in any manner

8-42     with a member of the family or household except through the party's

8-43     attorney or a person appointed by the court;

8-44                 (3)  going to or near the residence or place of

8-45     employment or business of a member of the family or household;

8-46                 (4)  going to or near the residence, child-care

8-47     facility, or school a child protected under the order normally

8-48     attends or in which the child normally resides; and

8-49                 (5)  engaging in conduct directed specifically toward a

8-50     person who is a member of the family or household, including

8-51     following the person, that is reasonably likely to harass, annoy,

8-52     alarm, abuse, torment, or embarrass the person.

8-53           (c)  In an order under Subsection (b)(3) or (4), the court

8-54     shall specifically describe each prohibited location and the

8-55     minimum distances from the location, if any, that the party must

8-56     maintain.  This subsection does not apply to an order in which

8-57     Section 85.007 applies.

8-58           Sec. 85.023.  EFFECT ON PROPERTY RIGHTS.  A protective order

8-59     or an agreement approved by the court under this subtitle does not

8-60     affect the title to real property.

8-61           Sec. 85.024.  ENFORCEMENT OF COUNSELING REQUIREMENT.  (a)  A

8-62     person found to have engaged in family violence who is ordered to

8-63     attend a program or counseling under Section 85.022(a)(1) or (2)

8-64     and who does not provide to the court an affidavit before the 60th

8-65     day after the date the order was rendered stating either that the

8-66     person has begun the program or counseling or that a program or

8-67     counseling is not available within a reasonable distance from the

8-68     person's residence may be punished for contempt of court under

8-69     Section 21.002, Government Code.

 9-1           (b)  A protective order under Section 85.022 must

 9-2     specifically advise the person subject to the order of the

 9-3     requirement of this section and the possible punishment if the

 9-4     person fails to comply with the requirement.

 9-5           Sec. 85.025.  DURATION OF PROTECTIVE ORDER.  An order under

 9-6     this subtitle is effective for the period stated in the order, not

 9-7     to exceed one year.  An order that does not specify the period for

 9-8     which the order is effective expires on the first anniversary of

 9-9     the date the order was issued.

9-10           Sec. 85.026.  WARNING ON PROTECTIVE ORDER.  (a)  Each

9-11     protective order issued under this subtitle, including a temporary

9-12     ex parte order, must contain the following printed statement in

9-13     bold-faced type or capital letters:

9-14           "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR

9-15     CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN

9-16     JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."

9-17           (b)  Each protective order issued under this subtitle, except

9-18     for a temporary ex parte order, must contain the following printed

9-19     statement in bold-faced type or capital letters:

9-20           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

9-21     BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY

9-22     CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH.  AN ACT THAT

9-23     RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE

9-24     MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A

9-25     SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON

9-26     FOR AT LEAST TWO YEARS."

9-27           (c)  Each protective order issued under this subtitle,

9-28     including a temporary ex parte order, must contain the following

9-29     printed statement in bold-faced type or capital letters:

9-30           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

9-31     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

9-32     PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS

9-33     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

9-34     UNLESS A COURT CHANGES THE ORDER."

9-35               (Sections 85.027-85.040 reserved for expansion)

9-36                 SUBCHAPTER C.  DELIVERY OF PROTECTIVE ORDER

9-37           Sec. 85.041.  DELIVERY TO RESPONDENT.  (a)  A protective

9-38     order rendered under this subtitle shall be:

9-39                 (1)  delivered to the respondent as provided by Rule

9-40     21a, Texas Rules of Civil Procedure;

9-41                 (2)  served in the same manner as a writ of injunction;

9-42     or

9-43                 (3)  served in open court at the close of the hearing

9-44     as provided by this section.

9-45           (b)  The court shall serve an order in open court to a

9-46     respondent who is present at the hearing by giving to the

9-47     respondent a copy of the order, reduced to writing and signed by

9-48     the judge or master.  A certified copy of the signed order shall be

9-49     given to the applicant at the time the order is given to the

9-50     respondent.  If the applicant is not in court at the conclusion of

9-51     the hearing, the clerk of the court shall mail a certified copy of

9-52     the order to the applicant not later than the third business day

9-53     after the date the hearing is concluded.

9-54           (c)  If the order has not been reduced to writing, the court

9-55     shall give notice orally to a respondent who is present at the

9-56     hearing of the part of the order that contains prohibitions under

9-57     Section 85.022 or any other part of the order that contains

9-58     provisions necessary to prevent further family violence.  The clerk

9-59     of the court shall mail a copy of the order to the respondent and a

9-60     certified copy of the order to the applicant not later than the

9-61     third business day after the date the hearing is concluded.

9-62           (d)  If the respondent is not present at the hearing and the

9-63     order has been reduced to writing at the conclusion of the hearing,

9-64     the clerk of the court shall immediately provide a certified copy

9-65     of the order to the applicant and mail a copy of the order to the

9-66     respondent not later than the third business day after the date the

9-67     hearing is concluded.

9-68           Sec. 85.042.  DELIVERY OF ORDER TO OTHER PERSONS.  (a)  The

9-69     clerk of the court issuing an original or modified protective order

 10-1    under this subtitle shall send a copy of the order to the chief of

 10-2    police of the municipality in which the member of the family or

 10-3    household protected by the order resides, if the person resides in

 10-4    a municipality, or to the sheriff of the county in which the person

 10-5    resides, if the person does not reside in a municipality.

 10-6          (b)  If a protective order made under this chapter prohibits

 10-7    a respondent from going to or near a child-care facility or school,

 10-8    the clerk of the court shall send a copy of the order to the

 10-9    child-care facility or school.

10-10          (c)  The clerk of a court that vacates an original or

10-11    modified protective order under this subtitle shall notify the

10-12    chief of police or sheriff who received a copy of the original or

10-13    modified order that the order is vacated.

10-14     CHAPTER 86.  LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS

10-15          Sec. 86.001.  ADOPTION OF PROCEDURES BY LAW ENFORCEMENT

10-16    AGENCY.  (a)  To ensure that law enforcement officers responding to

10-17    calls are aware of the existence and terms of protective orders

10-18    issued under this subtitle, each law enforcement agency shall

10-19    establish procedures in the agency to provide adequate information

10-20    or access to information for law enforcement officers of the names

10-21    of each person protected by an order issued under this subtitle and

10-22    of each person against whom protective orders are directed.

10-23          (b)  A law enforcement agency may enter a protective order in

10-24    the agency's computer records of outstanding warrants as notice

10-25    that the order has been issued and is currently in effect.  On

10-26    receipt of notification by a clerk of court that the court has

10-27    vacated or dismissed an order, the law enforcement agency shall

10-28    remove the order from the agency's computer record of outstanding

10-29    warrants.

10-30          Sec. 86.002.  DUTY TO PROVIDE INFORMATION TO FIREARMS

10-31    DEALERS.  (a)  On receipt of a request for a law enforcement

10-32    information system record check of a prospective transferee by a

10-33    licensed firearms dealer under the Brady Handgun Violence

10-34    Prevention Act, 18 U.S.C. Section 922, the chief law enforcement

10-35    officer shall determine whether the Department of Public Safety has

10-36    in the department's law enforcement information system a record

10-37    indicating the existence of an active protective order directed to

10-38    the prospective transferee.

10-39          (b)  If the department's law enforcement information system

10-40    indicates the existence of an active protective order directed to

10-41    the prospective transferee, the chief law enforcement officer shall

10-42    immediately advise the dealer that the transfer is prohibited.

10-43          Sec. 86.003.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE

10-44    UNDER TEMPORARY ORDER.  On request by an applicant obtaining a

10-45    temporary ex parte protective order that excludes the respondent

10-46    from the respondent's residence, the court granting the temporary

10-47    order shall render a written order to the sheriff or chief of

10-48    police to provide a law enforcement officer from the department of

10-49    the chief of police or sheriff to:

10-50                (1)  accompany the applicant to the residence covered

10-51    by the order;

10-52                (2)  inform the respondent that the court has ordered

10-53    that the respondent be excluded from the residence;

10-54                (3)  protect the applicant while the applicant takes

10-55    possession of the residence; and

10-56                (4)  protect the applicant if the respondent refuses to

10-57    vacate the residence while the applicant takes possession of the

10-58    applicant's necessary personal property.

10-59          Sec. 86.004.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE

10-60    UNDER FINAL ORDER.  On request by an applicant obtaining a final

10-61    protective order that excludes the respondent from the respondent's

10-62    residence, the court granting the final order shall render a

10-63    written order to the sheriff or chief of police to provide a law

10-64    enforcement officer from the department of the chief of police or

10-65    sheriff to:

10-66                (1)  accompany the applicant to the residence covered

10-67    by the order;

10-68                (2)  inform the respondent that the court has ordered

10-69    that the respondent be excluded from the residence;

 11-1                (3)  protect the applicant while the applicant takes

 11-2    possession of the residence and the respondent takes possession of

 11-3    the respondent's necessary personal property; and

 11-4                (4)  if the respondent refuses to vacate the residence:

 11-5                      (A)  remove the respondent from the residence;

 11-6    and

 11-7                      (B)  arrest the respondent for violating the

 11-8    court order.

 11-9              CHAPTER 87.  MODIFICATION OF PROTECTIVE ORDERS

11-10          Sec. 87.001.  MODIFICATION OF PROTECTIVE ORDER.  On the

11-11    motion of any party, the court, after notice and hearing, may

11-12    modify an existing protective order to:

11-13                (1)  exclude any item included in the order; or

11-14                (2)  include any item that could have been included in

11-15    the order.

11-16          Sec. 87.002.  MODIFICATION MAY NOT EXTEND DURATION OF ORDER.

11-17    A protective order may not be modified to extend the period of the

11-18    order's validity beyond the first anniversary of the date the

11-19    original order was rendered.

11-20          Sec. 87.003.  NOTIFICATION OF MOTION TO MODIFY.  Notice of a

11-21    motion to modify a protective order is sufficient if delivery of

11-22    the motion is attempted on the respondent at the respondent's last

11-23    known address by registered or certified mail as provided by Rule

11-24    21a, Texas Rules of Civil Procedure.

11-25                  SUBTITLE C.  REPORTING FAMILY VIOLENCE

11-26                  CHAPTER 91.  REPORTING FAMILY VIOLENCE

11-27          Sec. 91.001.  DEFINITIONS.  In this subtitle:

11-28                (1)  "Family violence" has the meaning assigned by

11-29    Section 71.004.

11-30                (2)  "Medical professional" means a licensed doctor,

11-31    nurse, physician assistant, or emergency medical technician.

11-32          Sec. 91.002.  REPORTING BY WITNESSES ENCOURAGED.  A person

11-33    who witnesses family violence is encouraged to report the family

11-34    violence to a local law enforcement agency.

11-35          Sec. 91.003.  INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.

11-36    A medical professional who treats a person for injuries that the

11-37    medical professional has reason to believe were caused by family

11-38    violence shall:

11-39                (1)  immediately provide the person with information

11-40    regarding the nearest family violence shelter center;

11-41                (2)  document in the person's medical file:

11-42                      (A)  the fact that the person has received the

11-43    information provided under Subdivision (1); and

11-44                      (B)  the reasons for the medical professional's

11-45    belief that the person's injuries were caused by family violence;

11-46    and

11-47                (3)  give the person a written notice in substantially

11-48    the following form, completed with the required information, in

11-49    both English and Spanish:

11-50                "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

11-51    "It is a crime for any person to cause you any physical injury or

11-52    harm even if that person is a member or former member of your

11-53    family or household.

11-54    "You may report family violence to a law enforcement officer by

11-55    calling the following telephone numbers:

11-56    ____________________________________________________.

11-57    "If you, your child, or any other household resident has been

11-58    injured or if you feel you are going to be in danger after a law

11-59    enforcement officer investigating family violence leaves your

11-60    residence or at a later time, you have the right to:

11-61          "Ask the local prosecutor to file a criminal complaint

11-62    against the person committing family violence; and

11-63          "Apply to a court for an order to protect you.  You may want

11-64    to consult with a legal aid office, a prosecuting attorney, or a

11-65    private attorney.  A court can enter an order that:

11-66                "(1)  prohibits the abuser from committing further acts

11-67    of violence;

11-68                "(2)  prohibits the abuser from threatening, harassing,

11-69    or contacting you at home;

 12-1                "(3)  directs the abuser to leave your household; and

 12-2                "(4)  establishes temporary custody of the children or

 12-3    any property.

 12-4    "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY

 12-5    BE A FELONY.

 12-6    "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF

 12-7    YOU NEED PROTECTION: _________________________________."

 12-8          Sec. 91.004.  APPLICATION OF SUBTITLE.  This subtitle does

 12-9    not affect a duty to report child abuse under Chapter 261.

12-10                           CHAPTER 92.  IMMUNITY

12-11          Sec. 92.001.  IMMUNITY.  (a)  Except as provided by

12-12    Subsection (b), a person who reports family violence under Section

12-13    91.002 or provides information under Section 91.003 is immune from

12-14    civil liability that might otherwise be incurred or imposed.

12-15          (b)  A person who reports the person's own conduct or who

12-16    otherwise reports family violence in bad faith is not protected

12-17    from liability under this section.

12-18          SECTION 2.  Title 4, Family Code, as that title existed

12-19    before the effective date of this Act, is repealed.

12-20          SECTION 3.  The change in law made by this Act does not

12-21    affect a proceeding under the Family Code pending on the effective

12-22    date of this Act.  A proceeding pending on the effective date of

12-23    this Act is governed by the law in effect at the time the

12-24    proceeding was commenced, and the former law is continued in effect

12-25    for that purpose.

12-26          SECTION 4.  The importance of this legislation and the

12-27    crowded condition of the calendars in both houses create an

12-28    emergency and an imperative public necessity that the

12-29    constitutional rule requiring bills to be read on three several

12-30    days in each house be suspended, and this rule is hereby suspended,

12-31    and that this Act take effect and be in force from and after its

12-32    passage, and it is so enacted.

12-33                                 * * * * *