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