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