| |
| |
| |
|
|
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. Subsection (b), Section 85.022, 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. Subsection (a), Section 25.07, 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. Subsection (b), Section 25.07, 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. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 279 passed the Senate on |
|
|
March 24, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 279 passed the House on |
|
|
May 12, 2011, by the following vote: Yeas 133, Nays 11, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |