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Amend CSHB 3723 (house committee report) as follows:
(1) On page 2, strike lines 3 through 26 and substitute the following:
court designated under Subsection (h) as the domestic violence
district court shall give preference to domestic violence cases,
including cases involving:
(1) dating violence, as defined by Section 71.0021,
Family Code; and
(2) family violence, as defined by Section 71.004,
Family Code.
(j) For the purposes of determining the preference the
designated domestic violence district court is required to give
cases under Subsection (i):
(1) a domestic violence case means:
(A) an original application for a protective
order under Title 4, Family Code;
(B) an original application for a protective
order under Title 4, Family Code, that involves both parties and is
filed concurrently with an original petition under the Family Code;
and
(C) any matter involving custody of a minor child
if one parent is alleged to have caused the death of another parent
and there is a history of domestic violence in the parents'
relationship; and
(2) subject to judicial discretion and resources, the
designated domestic violence district court may also hear divorce
and custody cases in which:
(A) a court has made an affirmative finding of
family violence involving both parties; or
(B) a protective order has been issued under
Title 4, Family Code, involving both parties.
(k) The designated domestic violence district court shall:
(2) On page 3, strike lines 10 through 18, and substitute
the following:
(l) The Harris County district clerk shall create a form and
establish procedures to transfer a domestic violence case that
qualifies for preference under this section to the domestic
violence district court.
SECTION 2. Not later than October 1, 2009, the judges of the
district courts listed in Section 24.112(g), Government Code, as
added by this Act, shall by agreement designate a listed court as
the domestic violence district court for Harris County. If the
judges fail to designate a domestic violence district court on or
before October 1, 2009, the local administrative judge for the
Harris County district courts shall designate a domestic violence
district court not later than October 5, 2009.