| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to protective orders. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 84, Family Code, is amended by adding |
|
|
Section 84.006 to read as follows: |
|
|
Sec. 84.006. DISCOVERY PROHIBITED. The court shall not |
|
|
permit discovery for a hearing on an application for a protective |
|
|
order filed under this title, regardless of whether the hearing |
|
|
under this chapter is continued or postponed. |
|
|
SECTION 2. Section 85.005(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) To facilitate settlement, the parties to a proceeding |
|
|
may agree in writing to the terms of a protective order as provided |
|
|
by Section 85.021. An agreement under this subsection is subject to |
|
|
the approval of the court. A court shall render an agreed |
|
|
protective order under this subsection without making a finding of |
|
|
family violence. |
|
|
SECTION 3. 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, |
|
|
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. |
|
|
SECTION 4. Section 85.024(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) A person found to have engaged in family violence who is |
|
|
ordered to attend a program or counseling under Section |
|
|
85.022(a)(1), (2), or (3) shall file with the court an affidavit |
|
|
before the 60th day after the date the order was rendered stating |
|
|
either that the person has begun the program or counseling or that a |
|
|
program or counseling is not available within a reasonable distance |
|
|
from the person's residence. A person who files an affidavit that |
|
|
the person has begun the program or counseling shall file with the |
|
|
court before the date the protective order expires a statement that |
|
|
the person completed the program or counseling not later than the |
|
|
30th day before the expiration date of the protective order or the |
|
|
30th day before the first anniversary of the date the protective |
|
|
order was issued, whichever date is earlier. An affidavit under |
|
|
this subsection must be accompanied by a letter, notice, or |
|
|
certificate from the program or counselor that verifies the |
|
|
person's completion of the program or counseling. A person who |
|
|
fails to comply with this subsection may be punished for contempt of |
|
|
court under Section 21.002, Government Code, on the motion of a |
|
|
party or on the court's own motion. |
|
|
SECTION 5. Section 201.005(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as provided by this section, a judge of a court |
|
|
may refer to an associate judge any aspect of a suit over which the |
|
|
court has jurisdiction under this title or Title 1, [or 4] including |
|
|
any matter ancillary to the suit. |
|
|
SECTION 6. Chapter 85, Family Code, is amended by adding |
|
|
Section 85.010 to read as follows: |
|
|
Sec. 85.010. DE NOVO HEARING PROHIBITED. A respondent who |
|
|
has been issued a protective order by a court subject to Section |
|
|
85.021 shall not have the right to a de novo hearing to appeal a |
|
|
protective order issued under this title. |
|
|
SECTION 7. The changes in law made by this Act apply to an |
|
|
application for a protective order 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 covered by the law in |
|
|
effect on the date the application was filed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2011. |