By Naishtat                                           H.B. No. 1412
         76R1974 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application for, issuance of, and contents of a
 1-3     protective order.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 82.008(a), Family Code, is amended to
 1-6     read as follows:
 1-7           (a)  An [If an] application for a protective order [alleges
 1-8     that the respondent has violated a previously rendered protective
 1-9     order by committing an act prohibited by the order and] that is
1-10     filed after a previously rendered [the] protective order has
1-11     expired [after the  date that the violation occurred, the
1-12     application for the new protective order] must include:
1-13                 (1)  a copy of the expired protective order attached to
1-14     the application or, if a copy of the expired protective order is
1-15     unavailable, a statement that the order is unavailable to the
1-16     applicant and that a copy of the order will be filed with the court
1-17     before the hearing on the application;
1-18                 (2)  a description of either:
1-19                       (A)  the violation of the expired protective
1-20     order, if the application alleges that the respondent violated the
1-21     expired protective order by committing an act prohibited by that
1-22     order before the order expired; or
1-23                       (B)  the threatened harm that reasonably places
1-24     the applicant in fear of imminent physical harm, bodily injury,
 2-1     assault, or sexual assault; and
 2-2                 (3)  if a violation of the expired order is alleged, a
 2-3     statement that the violation of the expired order has not been
 2-4     grounds for any other order protecting the applicant that has been
 2-5     issued or requested under this subtitle.
 2-6           SECTION 2.  Subchapter A, Chapter 82, Family Code, is amended
 2-7     by adding Section 82.0085 to read as follows:
 2-8           Sec. 82.0085.  APPLICATION FILED BEFORE EXPIRATION OF
 2-9     PREVIOUSLY RENDERED PROTECTIVE ORDER.  (a)  If an application for a
2-10     protective order alleges that an unexpired protective order
2-11     applicable to the respondent is due to expire not later than the
2-12     30th day after the date the application was filed, the application
2-13     for the subsequent protective order must include:
2-14                 (1)  a copy of the previously rendered protective order
2-15     attached to the application or, if a copy of the previously
2-16     rendered protective order is unavailable, a statement that the
2-17     order is unavailable to the applicant and that a copy of the order
2-18     will be filed with the court before the hearing on the application;
2-19     and
2-20                 (2)  a description of the threatened harm that
2-21     reasonably places the applicant in fear of imminent physical harm,
2-22     bodily injury, assault, or sexual assault.
2-23           (b)  The procedural requirements for an original application
2-24     for a protective order apply to a protective order requested under
2-25     this section.
2-26           SECTION 3.  Section 85.025, Family Code, is amended to read
2-27     as follows:
 3-1           Sec. 85.025.  DURATION OF PROTECTIVE ORDER.  (a)  Except as
 3-2     provided by Subsection (b), an [An] order under this subtitle is
 3-3     effective:
 3-4                 (1)  for the period stated in the order, not to exceed
 3-5     five years; or
 3-6                 (2)  if a period is not stated in the order, until [one
 3-7     year.  An order that does not specify the period for which the
 3-8     order  is effective expires on] the fifth [first] anniversary of
 3-9     the date the order was issued.
3-10           (b)  If a person who is the subject of a protective order is
3-11     confined or imprisoned on the date the protective order would
3-12     expire under  Subsection (a), the period for which the order is
3-13     effective is extended, and the order expires on the first
3-14     anniversary of the date the person is released from confinement or
3-15     imprisonment.
3-16           SECTION 4.  Section 85.026, Family Code, is amended to read
3-17     as follows:
3-18           Sec. 85.026.  WARNING ON PROTECTIVE ORDER.  (a)  Each
3-19     protective order issued under this subtitle, including a temporary
3-20     ex parte order, must contain the following printed statements
3-21     [statement] in bold-faced type or capital letters:
3-22                 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED
3-23           FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR
3-24           BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR
3-25           BOTH.
3-26                 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
3-27           BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
 4-1           OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME
 4-2           IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS
 4-3           ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
 4-4           CHANGES THE ORDER.
 4-5                 "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO
 4-6           A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
 4-7           (b)  Each protective order issued under this subtitle, except
 4-8     for a temporary ex parte order, must contain the following printed
 4-9     statement in bold-faced type or capital letters:
4-10                 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN
4-11           ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE
4-12           OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS
4-13           LONG AS ONE YEAR, OR BOTH.  AN ACT THAT RESULTS IN
4-14           FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
4-15           MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED
4-16           AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
4-17           CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
4-18           [(c) Each protective order issued under this subtitle,
4-19     including a temporary ex parte order, must contain the following
4-20     printed statement in bold-faced type or capital letters:]
4-21                 ["NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
4-22           BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
4-23           OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME
4-24           IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS
4-25           ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
4-26           CHANGES THE ORDER."]
4-27           SECTION 5.  Section 87.002, Family Code, is amended to read
 5-1     as follows:
 5-2           Sec. 87.002.  MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
 5-3     A protective order may not be modified to extend the period of the
 5-4     order's validity beyond the fifth [first] anniversary of the date
 5-5     the original order was rendered or beyond the date the order
 5-6     expires  under Section 85.025(b), whichever date occurs later.
 5-7           SECTION 6.  (a)  This Act takes effect September 1, 1999.
 5-8           (b)  The change in law made by this Act to Subchapter A,
 5-9     Chapter 82, Family Code, by the amendment of Section 82.008(a) and
5-10     the addition of Section 82.0085 applies to an application for a
5-11     protective order that is filed on or after the effective date of
5-12     this Act.  An application for a protective order that is filed
5-13     before that date is covered by the law in effect on the date the
5-14     application was filed, and the former law is continued in effect
5-15     for that purpose.
5-16           (c)  The change in law made by this Act to Sections 85.025,
5-17     85.026, and 87.002, Family Code, applies to a protective order
5-18     issued on or after the effective date of this Act.  A protective
5-19     order issued before that date is governed by the law in effect on
5-20     the date the order was issued, and the former law is continued in
5-21     effect for that purpose.
5-22           SECTION 7.  The importance of this legislation and the
5-23     crowded condition of the calendars in both houses create an
5-24     emergency and an imperative public necessity that the
5-25     constitutional rule requiring bills to be read on three several
5-26     days in each house be suspended, and this rule is hereby suspended.