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