82R1746 KKA-D

By: Laubenberg, Rodriguez H.B. No. 323

A BILL TO BE ENTITLED

AN ACT

relating to inclusion of pets and other companion animals in

protective orders; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 85.021, Family Code, is amended to read

as follows:

Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.

In a protective order, the court may:

(1) prohibit a party from:

(A) removing a child who is a member of the family

or household from:

(i) the possession of a person named in the

order; or

(ii) the jurisdiction of the court; [or]

(B) transferring, encumbering, or otherwise

disposing of property, other than in the ordinary course of

business, that is mutually owned or leased by the parties; or

(C) removing a pet, companion animal, or

assistance animal, as defined by Section 121.002, Human Resources

Code, from the possession of a person named in the order;

(2) grant exclusive possession of a residence to a

party and, if appropriate, direct one or more parties to vacate the

residence if the residence:

(A) is jointly owned or leased by the party

receiving exclusive possession and a party being denied possession;

(B) is owned or leased by the party retaining

possession; or

(C) is owned or leased by the party being denied

possession and that party has an obligation to support the party or

a child of the party granted possession of the residence;

(3) provide for the possession of and access to a child

of a party if the person receiving possession of or access to the

child is a parent of the child;

(4) require the payment of support for a party or for a

child of a party if the person required to make the payment has an

obligation to support the other party or the child; or

(5) award to a party the use and possession of

specified property that is community property or jointly owned or

leased property.

SECTION 2. Section 85.022(b), Family Code, is amended to

read as follows:

(b) In a protective order, the court may prohibit the person

found to have committed family violence from:

(1) committing family violence;

(2) communicating:

(A) directly with a person protected by an order

or a member of the family or household of a person protected by an

order, in a threatening or harassing manner;

(B) a threat through any person to a person

protected by an order or a member of the family or household of a

person protected by an order; and

(C) if the court finds good cause, in any manner

with a person protected by an order or a member of the family or

household of a person protected by an order, except through the

party's attorney or a person appointed by the court;

(3) going to or near the residence or place of

employment or business of a person protected by an order or a member

of the family or household of a person protected by an order;

(4) going to or near the residence, child-care

facility, or school a child protected under the order normally

attends or in which the child normally resides;

(5) engaging in conduct directed specifically toward a

person who is a person protected by an order or a member of the

family or household of a person protected by an order, including

following the person, that is reasonably likely to harass, annoy,

alarm, abuse, torment, or embarrass the person; [and]

(6) possessing a firearm, unless the person is a peace

officer, as defined by Section 1.07, Penal Code, actively engaged

in employment as a sworn, full-time paid employee of a state agency

or political subdivision; and

(7) harming, threatening, or interfering with the

care, custody, or control of a pet, companion animal, or assistance

animal, as defined by Section 121.002, Human Resources Code, that

is possessed by a person protected by an order or by a member of the

family or household of a person protected by an order.

SECTION 3. Section 25.07(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if, in violation of a

condition of bond set in a family violence case and related to the

safety of the victim or the safety of the community, an order issued

under Article 17.292, Code of Criminal Procedure, an order issued

under Section 6.504, Family Code, Chapter 83, Family Code, if the

temporary ex parte order has been served on the person, or Chapter

85, Family Code, or an order issued by another jurisdiction as

provided by Chapter 88, Family Code, the person knowingly or

intentionally:

(1) commits family violence or an act in furtherance

of an offense under Section 22.011, 22.021, or 42.072;

(2) communicates:

(A) directly with a protected individual or a

member of the family or household in a threatening or harassing

manner;

(B) a threat through any person to a protected

individual or a member of the family or household; or

(C) in any manner with the protected individual

or a member of the family or household except through the person's

attorney or a person appointed by the court, if the violation is of

an order described by this subsection and the order prohibits any

communication with a protected individual or a member of the family

or household;

(3) goes to or near any of the following places as

specifically described in the order or condition of bond:

(A) the residence or place of employment or

business of a protected individual or a member of the family or

household; or

(B) any child care facility, residence, or school

where a child protected by the order or condition of bond normally

resides or attends; [or]

(4) possesses a firearm; or

(5) harms, threatens, or interferes with the care,

custody, or control of a pet, companion animal, or assistance

animal that is possessed by a person protected by the order.

SECTION 4. Section 25.07(b), Penal Code, is amended by

adding Subdivision (3) to read as follows:

(3) "Assistance animal" has the meaning assigned by

Section 121.002, Human Resources Code.

SECTION 5. This Act takes effect September 1, 2011.