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.