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A BILL TO BE ENTITLED
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AN ACT
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relating to family violence and protective orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Family Code, is amended by adding |
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Section 81.010 to read as follows: |
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Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state |
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with jurisdiction of proceedings arising under this title may |
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enforce a protective order rendered by another court in the same |
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manner that the court that rendered the order could enforce the |
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order, regardless of whether the order is transferred under |
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Subchapter D, Chapter 85. |
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(b) A court's authority under this section includes the |
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authority to enforce a protective order through contempt. |
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SECTION 2. Section 82.002(b), Family Code, is amended to |
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read as follows: |
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(b) With regard to family violence under Section 71.004(3), |
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an application for a protective order to protect the applicant may |
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be filed by a [an adult] member of the dating relationship, |
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regardless of whether the member is an adult or a child. |
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SECTION 3. Section 82.009, Family Code, is amended to read |
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as follows: |
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Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. (a) |
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An application that requests the issuance of a temporary ex parte |
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order under Chapter 83 must: |
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(1) contain a detailed description of the facts and |
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circumstances concerning the alleged family violence and the need |
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for the immediate protective order; and |
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(2) be signed by each applicant under an oath that the |
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facts and circumstances contained in the application are true to |
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the best knowledge and belief of each applicant. |
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(b) For purposes of this section, a statement signed under |
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oath by a child is valid if the statement otherwise complies with |
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this chapter. |
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SECTION 4. Section 83.006, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The court may recess the hearing on a temporary ex parte |
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order to contact the respondent by telephone and provide the |
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respondent the opportunity to be present when the court resumes the |
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hearing. Without regard to whether the respondent is able to be |
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present at the hearing, the court shall resume the hearing before |
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the end of the working day. |
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SECTION 5. Section 85.026(a), Family Code, is amended to |
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read as follows: |
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(a) Each protective order issued under this subtitle, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION." |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT |
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RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A |
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SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON |
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FOR AT LEAST TWO YEARS." |
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SECTION 6. Section 261.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, indecency with a child under |
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
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Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; [or] |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; or |
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(L) conduct defined as dating violence by Section |
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71.0021, if the conduct is directed against a child. |
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SECTION 7. Sections 83.007, 85.026(b), and 85.065(a) and |
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(b), Family Code, are repealed. |
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SECTION 8. (a) The changes in law made by this Act to |
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Sections 82.002 and 82.009, Family Code, apply only to an |
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application for a protective order that is filed on or after the |
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effective date of this Act. An application for a protective order |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the application is filed, and the former law |
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is continued in effect for that purpose. |
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(b) The changes in law made by this Act to Section 85.026, |
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Family Code, apply only to a protective order issued on or after the |
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effective date of this Act. A protective order issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the order is issued, and the former law is continued in effect |
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for that purpose. |
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SECTION 9. This Act takes effect September 1, 2011. |