This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Nelson                                                       S.B. No. 55 
	(In the Senate - Filed November 8, 2004; January 31, 2005, 
read first time and referred to Committee on Jurisprudence; 
April 7, 2005, reported favorably by the following vote:  Yeas 6, 
Nays 0; April 7, 2005, sent to printer.)


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.  Section 82.043, Family Code, is amended by 
adding Subsection (f) to read as follows:
	(f)(1)  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:
			(A)  the child named as respondent in the 
application; and          
			(B)  the child's parent, legal guardian, or any 
person having physical custody, care, and supervision of the child.
		(2)  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.                           



* * * * *