SRC-BWC, JEC S.B. 68 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 68
2001S0018/3 11/07/00By: Moncrief
Jurisprudence
1/22/2001
As Filed


DIGEST AND PURPOSE 

Currently, protective orders apply only to married couples, couples with a
child, or cohabitating couples.  There have been recent incidents of
domestic-violence-related murders where the victims have been unable to
obtain a protective order because the victim did not meet the above
criteria.  As proposed, S.B. 68 enables individuals, who have had a
continuous social relationship of a romantic or intimate nature with an
abusive partner, to apply for an order to protect the victim and the
victim's child. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 71, Family Code, to add Section 71.0021, as
follows: 

 Sec. 71.0021. DATING VIOLENCE. Defines "dating violence," "dating
relationship," and specifies that a casual acquaintanceship or ordinary
fraternization in a business or social context does not constitute a
"dating relationship." 

SECTION 2. Amends Section 71.004, Family Code, to include dating violence,
as defined by Section 71.0021,  in the definition of family violence. 

SECTION 3. Amends Section 82.002, Family Code, to authorize an adult member
of a family or household, with regard to family violence under Section
71.004(1) or (2), to file an application for a protective order to protect
the applicant or any other member of the applicant's family or household.
Deletes certain language regarding adults.  Authorizes an adult member of
the dating relationship, with regard to family violence under Section
71.004(3), to file an application for a protective order to protect the
applicant.  Authorizes any adult to apply for a protective order to protect
a child from family violence. Makes nonsubstantive changes. 

SECTION 4. Amends Section 83.001, Family Code, to authorize the court, if
the court finds from the information contained in an application for a
protective order that there is a clear and present danger of family
violence, without further notice to the individual alleged to have
committed family violence, rather than any other member of the family or
household, and without a hearing, to enter a temporary ex parte order for
the protection of the applicant or any other member of the family or
household of the applicant. 

SECTION 5. Amends Section 83.004, Family Code, to authorize any individual,
rather than any member of the family or household, affected by a temporary
ex parte order to file a motion at any time to vacate the order. 

SECTION 6. Amends Section 85.001, Family Code, to authorize the court, if
the court finds that family violence has occurred and is likely to occur in
the future, to render a protective order as provided by Section 85.021
applying to both parties that it is in the best interest of the person
protected by the order, rather than the family or household, or member of
the family or household of the person protected by the  order. 

SECTION 7. Amends Section 85.007, Family Code, to make conforming changes.

SECTION 8. Amends Section 85.022, Family Code, to make conforming changes.
SECTION 9. Amends Section 85.042, Family Code, to require the clerk of the
court issuing an original or modified protective order under this subtitle
to send a copy of the order, along with certain other information, to the
chief of police of the municipality in which the person, rather than member
of the family or household, protected by the order resides, if the person
resides in a municipality, or to the appropriate constable and the sheriff
of the county in which the person resides if the person does not reside in
a municipality. 

SECTION 10. Effective date: September 1, 2001.