By Cuellar H.B. No. 2124
76R7286 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protection of victims of family violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 17.292(a), Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 (a) At a defendant's appearance before a magistrate after
1-7 arrest for an offense involving family violence or an offense under
1-8 Section 42.072, Penal Code, the magistrate shall [may] issue an
1-9 order for emergency protection [on the magistrate's own motion or
1-10 on the request of:]
1-11 [(1) the victim of the offense;]
1-12 [(2) the guardian of the victim;]
1-13 [(3) a peace officer; or]
1-14 [(4) the attorney representing the state].
1-15 SECTION 2. Section 30.05(b)(2), Penal Code, is amended to
1-16 read as follows:
1-17 (2) "Notice" means:
1-18 (A) oral or written communication by the owner
1-19 or someone with apparent authority to act for the owner;
1-20 (B) fencing or other enclosure obviously
1-21 designed to exclude intruders or to contain livestock;
1-22 (C) a sign or signs posted on the property or at
1-23 the entrance to the building, reasonably likely to come to the
1-24 attention of intruders, indicating that entry is forbidden;
2-1 (D) the placement of identifying purple paint
2-2 marks on trees or posts on the property, provided that the marks
2-3 are:
2-4 (i) vertical lines of not less than eight
2-5 inches in length and not less than one inch in width;
2-6 (ii) placed so that the bottom of the mark
2-7 is not less than three feet from the ground or more than five feet
2-8 from the ground; and
2-9 (iii) placed at locations that are readily
2-10 visible to any person approaching the property and no more than:
2-11 (a) 100 feet apart on
2-12 forest land; or
2-13 (b) 1,000 feet apart on
2-14 land other than forest land; [or]
2-15 (E) the visible presence on the property of a
2-16 crop grown for human consumption that is under cultivation, in the
2-17 process of being harvested, or marketable if harvested at the time
2-18 of entry; or
2-19 (F) a written communication contained in a court
2-20 order posted on the property or delivered to a person that
2-21 prohibits the person from going to or near a specific location,
2-22 including:
2-23 (i) a temporary ex parte order or a
2-24 protective order rendered under Title 4, Family Code; or
2-25 (ii) a magistrate's order for emergency
2-26 protection rendered under Article 17.292, Code of Criminal
2-27 Procedure.
3-1 SECTION 3. Section 71.004, Family Code, is amended to read
3-2 as follows:
3-3 Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
3-4 (1) an act by a member of a family or household
3-5 against another member of the family or household that is intended
3-6 to result in physical harm, bodily injury, assault, or sexual
3-7 assault or that is a threat that reasonably places the member in
3-8 fear of [imminent] physical harm, bodily injury, assault, or sexual
3-9 assault, but does not include defensive measures to protect
3-10 oneself; or
3-11 (2) abuse, as that term is defined by Sections
3-12 261.001(1)(C), (E), and (G) by a member of a family or household
3-13 toward a child of the family or household.
3-14 SECTION 4. Section 153.252, Family Code, is amended to read
3-15 as follows:
3-16 Sec. 153.252. REBUTTABLE PRESUMPTION. (a) In a suit, there
3-17 is a rebuttable presumption that the standard possession order in
3-18 Subchapter F:
3-19 (1) provides reasonable minimum possession of a child
3-20 for a parent named as a possessory conservator or joint managing
3-21 conservator; and
3-22 (2) is in the best interest of the child.
3-23 (b) A finding under Section 153.004 of a history of family
3-24 violence committed by the parent of a child removes the presumption
3-25 under this section.
3-26 SECTION 5. (a) The change in law made by Section 2 of this
3-27 Act applies only to an offense that is committed on or after the
4-1 effective date of this Act. An offense is committed before the
4-2 effective date of this Act if any element of the offense occurs
4-3 before the effective date.
4-4 (b) An offense committed before the effective date of this
4-5 Act is covered by the law in effect when the offense was
4-6 committed, and the former law is continued in effect for that
4-7 purpose.
4-8 SECTION 6. The change in law made by Section 4 of this
4-9 Act applies only to a standard possession order that is issued or
4-10 modified on or after the effective date of this Act. A standard
4-11 possession order issued or modified before the effective date of
4-12 this Act is covered by the law in effect when the order was issued
4-13 or modified, and the former law is continued in effect for
4-14 that purpose.
4-15 SECTION 7. This Act takes effect September 1, 1999.
4-16 SECTION 8. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.