| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to protective orders against family violence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 71.0021(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) "Dating violence" means an act by an individual that is |
|
|
against another individual with whom that person has or has had a |
|
|
dating relationship, or by an individual against another individual |
|
|
who is in a dating relationship with a third individual with whom |
|
|
the actor is or has been in a dating relationship or marriage, and |
|
|
that is intended to result in physical harm, bodily injury, |
|
|
assault, or sexual assault or that is a threat that reasonably |
|
|
places the individual in fear of imminent physical harm, bodily |
|
|
injury, assault, or sexual assault, but does not include defensive |
|
|
measures to protect oneself. |
|
|
SECTION 2. Chapter 81, Family Code, is amended by adding |
|
|
Section 81.010 to read as follows: |
|
|
Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state |
|
|
with the jurisdiction of proceedings arising under this title may |
|
|
enforce a protective order rendered by another court in the same |
|
|
manner that the court that rendered the order could enforce the |
|
|
order, regardless of whether the order is transferred under |
|
|
Subchapter D, Chapter 85. |
|
|
(b) A court's authority under this section includes the |
|
|
authority to enforce a protective order through contempt. |
|
|
SECTION 3. Section 82.002(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) With regard to family violence under Section 71.004(3), |
|
|
an application for a protective order to protect the applicant may |
|
|
be filed by a [an adult] member of the dating relationship, |
|
|
regardless of whether the member is an adult or a child. |
|
|
SECTION 4. Sections 85.065(a) and (b), Family Code, are |
|
|
repealed. |
|
|
SECTION 5. The changes in law made by this Act to Sections |
|
|
71.0021 and 82.002, Family Code, apply only to an application for a |
|
|
protective order that is filed on or after the effective date of |
|
|
this Act. An application for a protective order filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the application is filed, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 6. 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, 2009. |