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By: Nelson S.B. No. 55
A BILL TO BE ENTITLED
AN ACT
relating to protective orders when family violence occurs between
minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 82.002, Family Code, is
amended to read as follows:
(c) Any adult may apply for a protective order to protect a
child from family violence under Section 71.004 (1), (2) or (3).
With regard to family violence under Section 71.004(3) where both
parties are children 14 years or older, a child may be subject to a
protective order as a respondent, provided service of the child and
the child's parent, legal guardian or person having physical
custody, care and supervision of the child is effected by the
procedure set out in Section 82.043 (f)
SECTION 2. Subsection (f), Section 82.043, Family Code, is
added to read as follows:
(f) Service of notice of an application for a protective
order in which a child 14 years or older is the respondent under
Section 82.002 (c) must be served on:
(1) the child named as respondent in the application;
and
(2) the child's parent, legal guardian or any person
having physical custody, care and supervision of the child.
Service of the application must require the persons served to
appear before the court at the time set to respond. The court shall
require the person having physical custody or control of the child
to bring the child to the hearing.
SECTION 3. This act takes effect September 1, 2005.