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A BILL TO BE ENTITLED
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AN ACT
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relating to protective orders issued against a third party to |
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prevent family or dating violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.0021, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) "Dating violence" means an act by an actor [individual] |
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that is against an [another] individual with whom the actor [that
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person] has or has had a dating relationship, or against another |
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individual who is in a dating relationship with an individual with |
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whom the actor is or has been in a dating relationship or marriage, |
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and that is intended to result in physical harm, bodily injury, |
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assault, or sexual assault or that is a threat that reasonably |
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places the individual in fear of imminent physical harm, bodily |
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injury, assault, or sexual assault, but does not include defensive |
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measures to protect oneself. |
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(d) For purposes of this section, "marriage" includes a |
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ceremonial marriage and an informal marriage, as those terms are |
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used in Chapter 2. |
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SECTION 2. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household, or against an individual |
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with whom another member of the family or household is or has been |
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in a dating relationship, that is intended to result in physical |
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harm, bodily injury, assault, or sexual assault or that is a threat |
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that reasonably places the member or the other individual in fear of |
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imminent physical harm, bodily injury, assault, or sexual assault, |
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but does not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(C), (E), and (G), by a member of a family or household |
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toward a child of the family or household; or |
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(3) dating violence, as that term is defined by |
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Section 71.0021. |
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SECTION 3. The change in law made by this Act to Sections |
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71.0021 and 71.004, Family Code, applies to an application for a |
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protective order filed on or after the effective date of this Act. |
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An application for a protective order that is filed before the |
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effective date of this Act is governed by the law in effect on that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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