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A BILL TO BE ENTITLED
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AN ACT
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relating to inclusion of pets and other companion animals in |
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protective orders; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.021, Family Code, is amended to read |
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as follows: |
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Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. |
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In a protective order, the court may: |
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(1) prohibit a party from: |
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(A) removing a child who is a member of the family |
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or household from: |
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(i) the possession of a person named in the |
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order; or |
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(ii) the jurisdiction of the court; [or]
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(B) transferring, encumbering, or otherwise |
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disposing of property, other than in the ordinary course of |
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business, that is mutually owned or leased by the parties; or |
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(C) removing a pet, companion animal, or |
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assistance animal, as defined by Section 121.002, Human Resources |
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Code, from the possession of a person named in the order; |
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(2) grant exclusive possession of a residence to a |
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party and, if appropriate, direct one or more parties to vacate the |
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residence if the residence: |
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(A) is jointly owned or leased by the party |
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receiving exclusive possession and a party being denied possession; |
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(B) is owned or leased by the party retaining |
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possession; or |
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(C) is owned or leased by the party being denied |
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possession and that party has an obligation to support the party or |
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a child of the party granted possession of the residence; |
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(3) provide for the possession of and access to a child |
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of a party if the person receiving possession of or access to the |
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child is a parent of the child; |
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(4) require the payment of support for a party or for a |
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child of a party if the person required to make the payment has an |
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obligation to support the other party or the child; or |
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(5) award to a party the use and possession of |
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specified property that is community property or jointly owned or |
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leased property. |
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SECTION 2. Subsection (b), Section 85.022, Family Code, is |
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amended to read as follows: |
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(b) In a protective order, the court may prohibit the person |
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found to have committed family violence from: |
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(1) committing family violence; |
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(2) communicating: |
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(A) directly with a person protected by an order |
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or a member of the family or household of a person protected by an |
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order, in a threatening or harassing manner; |
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(B) a threat through any person to a person |
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protected by an order or a member of the family or household of a |
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person protected by an order; and |
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(C) if the court finds good cause, in any manner |
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with a person protected by an order or a member of the family or |
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household of a person protected by an order, except through the |
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party's attorney or a person appointed by the court; |
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(3) going to or near the residence or place of |
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employment or business of a person protected by an order or a member |
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of the family or household of a person protected by an order; |
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(4) going to or near the residence, child-care |
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facility, or school a child protected under the order normally |
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attends or in which the child normally resides; |
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(5) engaging in conduct directed specifically toward a |
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person who is a person protected by an order or a member of the |
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family or household of a person protected by an order, including |
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following the person, that is reasonably likely to harass, annoy, |
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alarm, abuse, torment, or embarrass the person; [and]
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(6) possessing a firearm, unless the person is a peace |
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officer, as defined by Section 1.07, Penal Code, actively engaged |
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in employment as a sworn, full-time paid employee of a state agency |
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or political subdivision; and |
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(7) harming, threatening, or interfering with the |
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care, custody, or control of a pet, companion animal, or assistance |
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animal, as defined by Section 121.002, Human Resources Code, that |
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is possessed by a person protected by an order or by a member of the |
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family or household of a person protected by an order.
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SECTION 3. Subsection (a), Section 25.07, Penal Code, is |
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amended to read as follows: |
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(a) A person commits an offense if, in violation of a |
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condition of bond set in a family violence case and related to the |
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safety of the victim or the safety of the community, an order issued |
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under Article 17.292, Code of Criminal Procedure, an order issued |
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under Section 6.504, Family Code, Chapter 83, Family Code, if the |
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temporary ex parte order has been served on the person, or Chapter |
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85, Family Code, or an order issued by another jurisdiction as |
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provided by Chapter 88, Family Code, the person knowingly or |
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intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 22.011, 22.021, or 42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the violation is of |
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an order described by this subsection and the order prohibits any |
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communication with a protected individual or a member of the family |
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or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order or condition of bond: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order or condition of bond normally |
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resides or attends; [or]
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(4) possesses a firearm; or |
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(5) harms, threatens, or interferes with the care, |
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custody, or control of a pet, companion animal, or assistance |
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animal that is possessed by a person protected by the order.
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SECTION 4. Subsection (b), Section 25.07, Penal Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Assistance animal" has the meaning assigned by |
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Section 121.002, Human Resources Code. |
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SECTION 5. This Act takes effect September 1, 2011. |
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* * * * * |