AN ACT

 1-1     relating to protective orders for family violence.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 6.504, Family Code, as added by S.B. No.

 1-4     334, Acts of the 75th Legislature, Regular Session, 1997, is

 1-5     amended to read as follows:

 1-6           Sec. 6.504.  PROTECTIVE ORDERS.  On the motion of a party to

 1-7     a suit for dissolution of a marriage, the court may render a

 1-8     protective order as provided by Subtitle B, Title 4 [Chapter 71].

 1-9           SECTION 2.  Chapter 71, Family Code, as added by S.B. No.

1-10     797, Acts of the 75th Legislature, Regular Session, 1997, is

1-11     amended by adding Section 71.008 to read as follows:

1-12           Sec. 71.008.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

1-13     "Protective order from another jurisdiction" means a protective

1-14     order rendered by a military court or a court of another state,

1-15     tribe, or territory related to protecting an individual from

1-16     domestic or family violence and that meets the following

1-17     requirements:

1-18                 (1)  the order is rendered by a court that has

1-19     jurisdiction over the parties and the matter under the law of the

1-20     military, state, tribe, or territory; and

1-21                 (2)  the respondent is given notice and an opportunity

1-22     to be heard consistent with due process either:

1-23                       (A)  before the date the order was rendered; or

 2-1                       (B)  in the case of an ex parte order, within the

 2-2     time required by the jurisdiction rendering the order after the

 2-3     date the order is rendered, but not later than a reasonable time.

 2-4           SECTION 3.  Section 81.002, Family Code, as added by S.B. No.

 2-5     797, Acts of the 75th Legislature, Regular Session, 1997, is

 2-6     amended to read as follows:

 2-7           Sec. 81.002.  NO FEE FOR APPLICANT.  [(a)]  An applicant for

 2-8     a protective order or an attorney representing an applicant may not

 2-9     be assessed a fee, cost, charge, or expense by a district or county

2-10     clerk of the court or a sheriff, constable, or other public

2-11     official or employee in connection with the filing, serving

2-12     [servicing], or entering of a protective order or for any other

2-13     service described by this subsection, including:

2-14                 (1)  a[.]

2-15           [(b)  A] fee [may not be charged to an applicant] to dismiss,

2-16     modify, or withdraw a protective order;

2-17                 (2)  a fee for certifying copies;

2-18                 (3)  a fee for comparing copies to originals;

2-19                 (4)  a court reporter fee;

2-20                 (5)  a judicial fund fee;

2-21                 (6)  a fee for any other service related to a

2-22     protective order; or

2-23                 (7)  a fee to transfer a protective order.

2-24           SECTION 4.  Section 81.003, Family Code, as added by S.B. No.

2-25     797, Acts of the 75th Legislature, Regular Session, 1997, is

 3-1     amended to read as follows:

 3-2           Sec. 81.003.  FEES AND COSTS PAID BY PARTY FOUND TO HAVE

 3-3     COMMITTED FAMILY VIOLENCE [RESPONDENT].  (a)  Except on a showing

 3-4     of good cause or of the indigence of a party found to have

 3-5     committed family violence [the respondent by the respondent], the

 3-6     court shall require in a protective order that the party

 3-7     [respondent] against whom the order is rendered pay the $16

 3-8     protective order fee, the standard fees charged by the clerk of the

 3-9     court in a general civil proceeding for the cost of serving the

3-10     order, the costs of court, and all other fees, charges, or expenses

3-11     incurred in connection with the protective order.

3-12           (b)  The court may order a party against whom an agreed

3-13     protective order is rendered under Section 85.005 to pay the fees

3-14     required in Subsection (a).

3-15           SECTION 5.  Section 81.004, Family Code, as added by S.B. No.

3-16     797, Acts of the 75th Legislature, Regular Session, 1997, is

3-17     amended to read as follows:

3-18           Sec. 81.004.  CONTEMPT FOR NONPAYMENT OF FEE.  (a)  A party

3-19     [respondent] who is ordered to pay fees and costs and who does not

3-20     pay before the [60th day after the] date specified by the order

3-21     [was rendered] may be punished for contempt of court as provided by

3-22     Section 21.002, Government Code.

3-23           (b)  If a date is not specified by the court under Subsection

3-24     (a), payment of costs is required before the 60th day after the

3-25     date the order was rendered.

 4-1           SECTION 6.  Subsection (a), Section 81.005, Family Code, as

 4-2     added by S.B. No. 797, Acts of the 75th Legislature, Regular

 4-3     Session, 1997, is amended to read as follows:

 4-4           (a)  The court may assess reasonable attorney's fees against

 4-5     the party found to have committed family violence or a party

 4-6     against whom an agreed protective order is rendered under Section

 4-7     85.005 as compensation for the services of a private or prosecuting

 4-8     attorney or an attorney employed by the Department of Protective

 4-9     and Regulatory Services.

4-10           SECTION 7.  Chapter 81, Family Code, as added by S.B. No.

4-11     797, Acts of the 75th Legislature, Regular Session, 1997, is

4-12     amended by adding Section 81.0075 to read as follows:

4-13           Sec. 81.0075.  REPRESENTATION BY PROSECUTING ATTORNEY IN

4-14     CERTAIN SUBSEQUENT ACTIONS.  A prosecuting attorney who represents

4-15     a party in a proceeding under this subtitle is not precluded from

4-16     representing the Department of Protective and Regulatory Services

4-17     in a subsequent action involving the party.

4-18           SECTION 8.  Section 82.002, Family Code, as added by S.B. No.

4-19     797,  Acts of the 75th Legislature, Regular Session, 1997, is

4-20     amended by amending Subsection (a) and adding Subsection (c) to

4-21     read as follows:

4-22           (a)  An application for a protective order to protect the

4-23     applicant or any other member of the applicant's family or

4-24     household may be filed by:

4-25                 (1)  an adult member of the family or household; or

 5-1                 (2)  any adult for the protection of a child [member of

 5-2     the family or household].

 5-3           (c)  The person alleged to be the victim of family violence

 5-4     in an application filed under Subsection (b) is considered to be

 5-5     the applicant for a protective order under this subtitle.

 5-6           SECTION 9.  Section 82.005, Family Code, as added by S.B. No.

 5-7     797, Acts of the 75th Legislature, Regular Session, 1997, is

 5-8     amended to read as follows:

 5-9           Sec. 82.005.  APPLICATION FILED DURING SUIT FOR DISSOLUTION

5-10     OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP.  [(a)]  A

5-11     person who wishes to apply for a protective order with respect to

5-12     the person's spouse and who is a party to a suit for the

5-13     dissolution of a marriage or a suit affecting the parent-child

5-14     relationship that is pending in a court must file the application

5-15     as required by Subchapter D, Chapter 85 [a motion in that suit].

5-16           [(b)  An applicant denied a protective order filed as a

5-17     motion in a suit for dissolution of a marriage may not apply for a

5-18     protective order in another court based on facts identical to the

5-19     facts stated in the previous application.]

5-20           SECTION 10.  Subsection (a), Section 82.041, Family Code, as

5-21     added by S.B. No. 797, Acts of the 75th Legislature, Regular

5-22     Session, 1997, is amended to read as follows:

5-23           (a)  A notice of an application for a protective order must:

5-24                 (1)  be styled "The State of Texas";

5-25                 (2)  be signed by the clerk of the court under the

 6-1     court's seal;

 6-2                 (3)  contain the name and location of the court;

 6-3                 (4)  show the date the application was filed;

 6-4                 (5)  show the date notice of the application for a

 6-5     protective order was issued;

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

 6-7                 (7)  show the file number;

 6-8                 (8)  show the name of each applicant and each person

 6-9     alleged to have committed family violence;

6-10                 (9)  be directed to each person alleged to have

6-11     committed family violence;

6-12                 (10)  show the name and address of the attorney for the

6-13     applicant or the mailing address of the applicant, if the applicant

6-14     is not represented by an attorney; and

6-15                 (11)  contain the address of the clerk of the court.

6-16           SECTION 11.  Section 83.005, Family Code, as added by S.B.

6-17     No. 797, Acts of the 75th Legislature, Regular Session, 1997, is

6-18     amended to read as follows:

6-19           Sec. 83.005.  CONFLICTING ORDERS.  During the time the order

6-20     is valid, a temporary ex parte order prevails over any other court

6-21     order made under Title 5 to the extent of any conflict between the

6-22     orders[, except that on a motion to vacate the temporary ex parte

6-23     order, the court shall vacate the portions of the order shown to be

6-24     in conflict with the other court order].

6-25           SECTION 12.  Section 84.002, Family Code, as added by S.B.

 7-1     No. 797, Acts of the 75th Legislature, Regular Session, 1997, is

 7-2     amended to read as follows:

 7-3           Sec. 84.002.  EXTENDED TIME FOR HEARING IN DISTRICT COURT IN

 7-4     CERTAIN COUNTIES.  (a)  On the request of the prosecuting attorney

 7-5     in a county with a population of more than 1.5 million or in a

 7-6     county in a judicial district that is composed of more than one

 7-7     county, the district court shall set the hearing on a date and time

 7-8     not later than 20 days after the date the application is filed or

 7-9     20 days after the date a request is made to reschedule a hearing

7-10     under Section 84.003.

7-11           (b)  The district court shall grant the request of the

7-12     prosecuting attorney for an extended time  in which to hold a

7-13     hearing on a protective order either on a case-by-case basis or for

7-14     all cases filed under this subtitle.

7-15           SECTION 13.  Section 85.002, Family Code, as added by S.B.

7-16     No. 797, Acts of the 75th Legislature, Regular Session, 1997, is

7-17     amended to read as follows:

7-18           Sec. 85.002.  EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE

7-19     ORDER.  If the court finds that a respondent violated a protective

7-20     order by committing an act prohibited by the order as provided by

7-21     Section 85.022, that the order was in effect at the time of the

7-22     violation, and that the order has expired after the date that the

7-23     violation occurred, the court, without the necessity of making the

7-24     findings described by Section 85.001(a), shall render a protective

7-25     order as provided by Section 85.022 applying only to the respondent

 8-1     and may render a protective order as provided by Section 85.021.

 8-2           SECTION 14.  Subsection (a), Section 85.022, Family Code, as

 8-3     added by S.B. No. 797, Acts of the 75th Legislature, Regular

 8-4     Session, 1997, is amended to read as follows:

 8-5           (a)  In a protective order, the court may order the person

 8-6     found to have committed family violence to:

 8-7                 (1)  complete a battering intervention and prevention

 8-8     [batterer's treatment] program as provided by Article 42.141, Code

 8-9     of Criminal Procedure, and that meets the guidelines adopted by the

8-10     community justice assistance division of the Texas Department of

8-11     Criminal Justice if a program is available;

8-12                 (2)  counsel with a social worker, family service

8-13     agency, physician, psychologist, licensed therapist, or licensed

8-14     professional counselor if a program under Subdivision (1) is not

8-15     available; or

8-16                 (3)  perform acts specified by the court that the court

8-17     determines are necessary or appropriate to prevent or reduce the

8-18     likelihood of family violence.

8-19           SECTION 15.  Subsection (a), Section 85.024, Family Code, as

8-20     added by S.B. No. 797, Acts of the 75th Legislature, Regular

8-21     Session, 1997, is amended to read as follows:

8-22           (a)  A person found to have engaged in family violence who is

8-23     ordered to attend a program or counseling under Section

8-24     85.022(a)(1) or (2) shall file with [and who does not provide to]

8-25     the court an affidavit before the 60th day after the date the order

 9-1     was rendered stating either that the person has begun the program

 9-2     or counseling or that a program or counseling is not available

 9-3     within a reasonable distance from the person's residence.  A person

 9-4     who files an affidavit that the person has begun the program or

 9-5     counseling shall file with the court before the date the protective

 9-6     order expires a statement that the person completed the program or

 9-7     counseling not later than the 30th day before the expiration date

 9-8     of the protective order.  An affidavit under this subsection must

 9-9     be accompanied by a letter, notice, or certificate from the program

9-10     or counselor that verifies the person's completion of the program

9-11     or counseling.  A person who fails to comply with this subsection

9-12     may be punished for contempt of court under Section 21.002,

9-13     Government Code.

9-14           SECTION 16.  Chapter 85, Family Code, as added by S.B. No.

9-15     797, Acts of the 75th Legislature, Regular Session, 1997, is

9-16     amended by adding Subchapter D to read as follows:

9-17      SUBCHAPTER D.  RELATIONSHIP BETWEEN PROTECTIVE ORDER AND SUIT FOR

9-18           DISSOLUTION OF MARRIAGE AND SUIT AFFECTING PARENT-CHILD

9-19                                RELATIONSHIP

9-20           Sec. 85.061.  DISMISSAL OF APPLICATION PROHIBITED;

9-21     SUBSEQUENTLY FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT

9-22     AFFECTING PARENT-CHILD RELATIONSHIP.  If an application for a

9-23     protective order is pending, a court may not dismiss the

9-24     application or delay a hearing on the application on the grounds

9-25     that a suit for dissolution of marriage or suit affecting the

 10-1    parent-child relationship is filed after the date the application

 10-2    was filed.

 10-3          Sec. 85.062.  APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF

 10-4    MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING.

 10-5    (a)  If a suit for dissolution of a marriage or suit affecting the

 10-6    parent-child relationship is pending, a party to the suit may apply

 10-7    for a protective order against another party to the suit by filing

 10-8    an application:

 10-9                (1)  in the court in which the suit is pending; or

10-10                (2)  in a court in the county in which the applicant

10-11    resides if the applicant resides outside the jurisdiction of the

10-12    court in which the suit is pending.

10-13          (b)  An applicant subject to this section shall inform the

10-14    clerk of the court that renders a protective order that a suit for

10-15    dissolution of a marriage or a suit affecting the parent-child

10-16    relationship is pending in which the applicant is party.

10-17          (c)  If a final protective order is rendered by a court other

10-18    than the court in which a suit for dissolution of a marriage or a

10-19    suit affecting the parent-child relationship is pending, the clerk

10-20    of the court that rendered the protective order shall:

10-21                (1)  inform the clerk of the court in which the suit is

10-22    pending that a final protective order has been rendered; and

10-23                (2)  forward a copy of the final protective order to

10-24    the court in which the suit is pending.

10-25          (d)  A protective order rendered by a court in which an

 11-1    application is filed under Subsection (a)(2) is subject to transfer

 11-2    under Section 85.064.

 11-3          Sec. 85.063.  APPLICATION FILED AFTER FINAL ORDER RENDERED IN

 11-4    SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD

 11-5    RELATIONSHIP.  (a)  If a final order has been rendered in a suit

 11-6    for dissolution of marriage or suit affecting the parent-child

 11-7    relationship, an application for a protective order by a party to

 11-8    the suit against another party to the suit filed after the date the

 11-9    final order was rendered, and that is:

11-10                (1)  filed in the county in which the final order was

11-11    rendered, shall be filed in the court that rendered the final

11-12    order; and

11-13                (2)  filed in another county, shall be filed in a court

11-14    having jurisdiction to render a protective order under this

11-15    subtitle.

11-16          (b)  A protective order rendered by a court in which an

11-17    application is filed under Subsection (a)(2) is subject to transfer

11-18    under Section 85.064.

11-19          Sec. 85.064.  TRANSFER OF PROTECTIVE ORDER.  (a)  If a

11-20    protective order was rendered before the filing of a suit for

11-21    dissolution of marriage or suit affecting the parent-child

11-22    relationship or while the suit is pending as provided by Section

11-23    85.062, the court that rendered the order may, on the motion of a

11-24    party or on the court's own motion, transfer the protective order

11-25    to the court having jurisdiction of the suit if the court makes the

 12-1    finding prescribed by Subsection (c).

 12-2          (b)  If a protective order that affects a party's right to

 12-3    possession of or access to a child is rendered after the date a

 12-4    final order was rendered in a suit affecting the parent-child

 12-5    relationship, on the motion of a party or on the court's own

 12-6    motion, the court may transfer the protective order to the court of

 12-7    continuing, exclusive jurisdiction if the court makes the finding

 12-8    prescribed by Subsection (c).

 12-9          (c)  A court may transfer a protective order under this

12-10    section if the court finds that the transfer is:

12-11                (1)  in the interest of justice; or

12-12                (2)  for the safety or convenience of a party or a

12-13    witness.

12-14          (d)  The transfer of a protective order under this section

12-15    shall be conducted according to the procedures provided by Section

12-16    155.207.

12-17          (e)  Except as provided by Section 81.002, the fees or costs

12-18    associated with the transfer of a protective order shall be paid by

12-19    the movant.

12-20          Sec. 85.065.  EFFECT OF TRANSFER.  (a)  A protective order

12-21    transferred under Section 85.064 has the same effect as if the

12-22    order remained in the court that rendered the order.  The

12-23    protective order may be enforced by the court that receives the

12-24    order in the same manner as if the court originally rendered the

12-25    order.

 13-1          (b)  A protective order that is transferred is enforceable by

 13-2    contempt or by any other means by which the court that rendered the

 13-3    order could enforce the order.  The court that receives the

 13-4    protective order may punish a violation of the order regardless of

 13-5    whether the violation occurred before or after the date of the

 13-6    transfer.

 13-7          (c)  A protective order that is transferred is subject to

 13-8    modification by the court that receives the order to the same

 13-9    extent modification is permitted under Chapter 87 by a court that

13-10    rendered the order.

13-11          SECTION 17.  Chapter 86, Family Code, as added by S.B. No.

13-12    797, Acts of the 75th Legislature, Regular Session, 1997, is

13-13    amended by adding Section 86.005 to read as follows:

13-14          Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

13-15    (a)  To ensure that law enforcement officers responding to calls

13-16    are aware of the existence and terms of a protective order from

13-17    another jurisdiction, each law enforcement agency shall establish

13-18    procedures in the agency to provide adequate information or access

13-19    to information for law enforcement officers regarding the name of

13-20    each person protected by an order rendered in another jurisdiction

13-21    and of each person against whom the protective order is directed.

13-22          (b)  Unless a law enforcement officer knows that the

13-23    protective order has expired, the officer shall rely on:

13-24                (1)  a copy of a protective order from another

13-25    jurisdiction that has been provided to the officer by any source;

 14-1    and

 14-2                (2)  the statement by a person protected by the order

 14-3    that the order remains in effect.

 14-4          (c)  A law enforcement officer acting in good faith is not

 14-5    subject to civil or criminal liability for any action arising in

 14-6    connection with the enforcement of a protective order issued in

 14-7    another jurisdiction that a court later determines was not entitled

 14-8    to full faith and credit under Chapter 88.

 14-9          SECTION 18.  Chapter 87, Family Code, as added by S.B. No.

14-10    797, Acts of the 75th Legislature, Regular Session, 1997, is

14-11    amended by adding Section 87.004 to read as follows:

14-12          Sec. 87.004.  CHANGE OF ADDRESS OR TELEPHONE NUMBER.  (a)  If

14-13    a protective order contains the address or telephone number of a

14-14    person protected by the order, of the place of employment or

14-15    business of the person, or of the child-care facility or school of

14-16    a child protected by the order and that information is not

14-17    confidential under Section 85.007, the person protected by the

14-18    order may file a notification of change of address or telephone

14-19    number with the court that rendered the order to modify the

14-20    information contained in the order.

14-21          (b)  The clerk of the court shall attach the notification of

14-22    change to the protective order and shall deliver a copy of the

14-23    notification to the respondent by registered or certified mail as

14-24    provided by Rule 21a, Texas Rules of Civil Procedure.

14-25          (c)  The filing of a notification of change of address or

 15-1    telephone number and the attachment of the notification to a

 15-2    protective order does not affect the validity of the order.

 15-3          SECTION 19.  Subtitle B, Title 4, Family Code, as added by

 15-4    S.B. No. 797, Acts of the 75th Legislature, Regular Session, 1997,

 15-5    is amended by adding Chapter 88 to read as follows:

 15-6          CHAPTER 88.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION

 15-7          Sec. 88.001.  FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM

 15-8    ANOTHER JURISDICTION.  (a)  Except as provided by Subsection (b), a

 15-9    protective order from another jurisdiction shall be accorded full

15-10    faith and credit by the courts of this state and enforced as if the

15-11    order were rendered by a court in this state.

15-12          (b)  A protective order from another jurisdiction rendered

15-13    against both the applicant and respondent is not enforceable

15-14    against the applicant in this state unless:

15-15                (1)  the respondent filed a cross or counter petition,

15-16    complaint, or other written pleading seeking a protective order

15-17    against the applicant; and

15-18                (2)  the issuing court determined that each party was

15-19    entitled to a protective order.

15-20          Sec. 88.002.  PRESUMPTION OF VALIDITY.  A protective order

15-21    from another jurisdiction is presumed to be valid if the order

15-22    appears authentic on the order's face.

15-23          Sec. 88.003.  AFFIRMATIVE DEFENSE.  It is an affirmative

15-24    defense in any action seeking enforcement of a protective order

15-25    rendered in another jurisdiction that the respondent was not given

 16-1    reasonable notice and an opportunity to be heard consistent with

 16-2    due process either:

 16-3                (1)  before the date the order was rendered; or

 16-4                (2)  in the case of an ex parte order, within the time

 16-5    required by the jurisdiction rendering the order after the date the

 16-6    order was rendered, but not later than a reasonable time.

 16-7          Sec. 88.004.  ENFORCEMENT OF AN ORDER.  A protective order

 16-8    from another jurisdiction may be enforced even if the order is not

 16-9    entered into the state law enforcement information system

16-10    maintained by the Department of Public Safety.

16-11          SECTION 20.  Section 153.131, Family Code, is amended to read

16-12    as follows:

16-13          Sec. 153.131.  PRESUMPTION THAT PARENT TO BE APPOINTED

16-14    MANAGING CONSERVATOR.  (a)  Subject to the prohibition in Section

16-15    153.004, unless [Unless] the court finds that appointment of the

16-16    parent or parents would not be in the best interest of the child

16-17    because the appointment would significantly impair the child's

16-18    physical health or emotional development, a parent shall be

16-19    appointed sole managing conservator or both parents shall be

16-20    appointed as joint managing conservators of the child.

16-21          (b)  It is a rebuttable presumption that the appointment of

16-22    the parents of a child as joint managing conservators is in the

16-23    best interest of the child.  A finding of a history of family

16-24    violence involving the parents of a child removes the presumption

16-25    under this subsection.

 17-1          SECTION 21.  Subsections (a) and (g), Section 25.07, Penal

 17-2    Code, as amended by Chapters 658 and 1024, Acts of the 74th

 17-3    Legislature, 1995, are amended to read as follows:

 17-4          (a)  A person commits an offense if, in violation of an order

 17-5    issued under Section 6.504 [3.581, 71.11,] or Chapter 85 [71.12],

 17-6    Family Code, [or] under Article 17.292, Code of Criminal Procedure,

 17-7    or by another jurisdiction as provided by Chapter 88, Family Code,

 17-8    the person knowingly or intentionally:

 17-9                (1)  commits family violence or an act in furtherance

17-10    of an offense under Section 42.07(a)(7);

17-11                (2)  communicates:

17-12                      (A)  directly with a protected individual or a

17-13    member of the family or household in a threatening or harassing

17-14    manner;

17-15                      (B)  a threat through any person to a protected

17-16    individual or a member of the family or household; and

17-17                      (C)  in any manner with the protected individual

17-18    or a member of the family or household except through the person's

17-19    attorney or a person appointed by the court, if the order prohibits

17-20    any communication with a protected individual or a member of the

17-21    family or household;

17-22                (3)  goes to or near any of the following places as

17-23    specifically described in the order:

17-24                      (A)  the residence or place of employment or

17-25    business of a protected individual or a member of the family or

 18-1    household; or

 18-2                      (B)  any child care facility, residence, or

 18-3    school where a child protected by the order normally resides or

 18-4    attends.

 18-5                (4)  engages in conduct directed specifically toward a

 18-6    person who is a member of the family or household, including

 18-7    following the person, that is reasonably likely to harass, annoy,

 18-8    alarm, abuse, torment, or embarrass that person.

 18-9          (g)  An offense under this section is a Class A misdemeanor

18-10    unless it is shown on the trial of the offense that the defendant

18-11    has previously been convicted under this section two or more times

18-12    or has violated the protective order by committing an assault or

18-13    the offense of stalking, in which event the offense is a third

18-14    degree [state jail] felony.

18-15          SECTION 22.  Subsection (a), Section 46.06, Penal Code, is

18-16    amended to read as follows:

18-17          (a)  A person commits an offense if the person:

18-18                (1)  sells, rents, leases, loans, or gives a handgun to

18-19    any person knowing that the person to whom the handgun is to be

18-20    delivered intends to use it unlawfully or in the commission of an

18-21    unlawful act;

18-22                (2)  intentionally or knowingly sells, rents, leases,

18-23    or gives or offers to sell, rent, lease, or give to any child

18-24    younger than 18 years any firearm, club, or illegal knife;

18-25                (3)  intentionally, knowingly, or recklessly sells a

 19-1    firearm or ammunition for a firearm to any person who is

 19-2    intoxicated;

 19-3                (4)  knowingly sells a firearm or ammunition for a

 19-4    firearm to any person who has been convicted of a felony before the

 19-5    fifth anniversary of the later of the following dates:

 19-6                      (A)  the person's release from confinement

 19-7    following conviction of the felony; or

 19-8                      (B)  the person's release from supervision under

 19-9    community supervision, parole, or mandatory supervision following

19-10    conviction of the felony;  [or]

19-11                (5)  sells, rents, leases, loans, or gives a handgun to

19-12    any person knowing that an active protective order is directed to

19-13    the person to whom the handgun is to be delivered; or

19-14                (6)  knowingly purchases, rents, leases, or receives as

19-15    a loan or gift from another a handgun while an active protective

19-16    order is directed to the actor.

19-17          SECTION 23.  Subsection (a), Article 5.04, Code of Criminal

19-18    Procedure, is amended to read as follows:

19-19          (a)  The primary duties of a peace officer who investigates a

19-20    family violence allegation or who responds to a disturbance call

19-21    that may involve family violence are to protect any potential

19-22    victim of family violence, enforce the law of this state, enforce a

19-23    protective order from another jurisdiction as provided by Chapter

19-24    88, Family Code, and make lawful arrests of violators.

19-25          SECTION 24.  Section 85.008, Family Code, as added by S.B.

 20-1    No. 797, Acts of the 75th Legislature, Regular Session, 1997, is

 20-2    repealed.

 20-3          SECTION 25.  (a) This Act takes effect September 1, 1997.

 20-4          (b)  The changes in law made by Sections 3 through 6 and

 20-5    Section 13 of this Act apply to a pending application for a

 20-6    protective order regardless of whether the application is filed

 20-7    before, on, or after the effective date of this Act.

 20-8          (c)  Except as provided by Subsection (b) of this section,

 20-9    the change in law made by this Act applies only to an application

20-10    for a protective order made on or after the effective date of this

20-11    Act.  An application for a protective order made before the

20-12    effective date of this Act is governed by the law in effect on the

20-13    date the application was made, and the former law is continued in

20-14    effect for that purpose.

20-15          SECTION 26.  (a)  The changes in law made by this Act to

20-16    Subsections (a) and (g), Section 25.07, Penal Code, apply only to

20-17    an offense committed on or after the effective date of this Act.

20-18    For purposes of this section, an offense is committed before the

20-19    effective date of this Act if any element of the offense occurs

20-20    before that date.

20-21          (b)  An offense committed before the effective date of this

20-22    Act is covered by the law in effect when the offense was committed,

20-23    and the former law is continued in effect for that purpose.

20-24          SECTION 27.  The importance of this legislation and the

20-25    crowded condition of the calendars in both houses create an

                                                               S.B. No. 1253

 21-1    emergency and an imperative public necessity that the

 21-2    constitutional rule requiring bills to be read on three several

 21-3    days in each house be suspended, and this rule is hereby suspended.

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1253 passed the Senate on

         April 23, 1997, by a viva-voce vote; May 29, 1997, Senate refused

         to concur in House amendments and requested appointment of

         Conference Committee; May 30, 1997, House granted request of the

         Senate; June 1, 1997, Senate adopted Conference Committee Report by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1253 passed the House, with

         amendments, on May 28, 1997, by a non-record vote; May 30, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; June 1, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor