By Goodman H.B. No. 601 77R1247 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the duration and effect of a magistrate's order for 1-3 emergency protection. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 17.292, Code of Criminal Procedure, is 1-6 amended by amending Subsections (f) and (j) and by adding 1-7 Subsection (n) to read as follows: 1-8 (f) To the extent that a condition imposed by an order for 1-9 emergency protection issued under this article conflicts with an 1-10 existing court order granting possession of or access to a child, 1-11 the condition imposed under this article prevails for the duration 1-12 of the order for emergency protection. To the extent that a 1-13 condition imposed by an order issued under this article conflicts 1-14 with a condition imposed by a protective order subsequently issued 1-15 under the Family Code, the condition imposed under the Family Code 1-16 prevails. 1-17 (j) An order for emergency protection issued under this 1-18 article is effective on issuance, and the defendant shall be served 1-19 a copy of the order in open court. An order for emergency 1-20 protection issued under this article remains in effect up to the 1-21 61st day but not less than 31 days after the date of issuance, 1-22 except that after notice and hearing the court may vacate all or 1-23 part of the order. After notice and hearing, the court may modify 1-24 all or part of an order issued under this article, but the modified 2-1 order expires on the expiration date of the original order. 2-2 (n) On motion, notice, and hearing or on agreement of the 2-3 parties, an order for emergency protection entered under this 2-4 article may be transferred to any court with continuing 2-5 jurisdiction over matters involving a child of the parties or a 2-6 family law suit involving the parties. 2-7 SECTION 2. This Act takes effect September 1, 2001, and 2-8 applies only to an order for emergency protection issued under 2-9 Article 17.292, Code of Criminal Procedure, as amended by this Act, 2-10 on or after that date.