79R2875 JMM-D

By:  Naishtat                                                     H.B. No. 1059



A BILL TO BE ENTITLED

AN ACT

relating to certain findings required for the issuance of a 
protective order against family violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 85.001(a), Family Code, is amended to 
read as follows:   
	(a)  Before a court may render [At the close of a hearing on 
an application for] a protective order, including an agreed 
protective order under Section 85.005, the court shall find 
whether:
		(1)  family violence has occurred;  and                                       
		(2)  family violence is likely to occur in the future.                        
	SECTION 2.  Section 85.001(a), Family Code, as amended by 
this Act, applies only to a protective order for which an 
application was filed on or after the effective date of this Act.  A 
protective order for which an application was filed before the 
effective date of this Act is governed by the law in effect on the 
date the application was filed, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.