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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of persons from family violence and |
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other violence in guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1053, Estates Code, as |
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effective January 1, 2014, is amended by adding Section 1053.104 to |
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read as follows: |
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Sec. 1053.104. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) |
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On request by a person protected by a protective order issued under |
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Chapter 85, Family Code, or a guardian, attorney ad litem, or member |
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of the family or household of a person protected by an order, the |
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court may exclude from any document filed in a guardianship |
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proceeding: |
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(1) the address and phone number of the person |
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protected by the protective order; |
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(2) the place of employment or business of the person |
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protected by the protective order; |
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(3) the school attended by the person protected by the |
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protective order or the day-care center or other child-care |
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facility the person attends or in which the person resides; and |
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(4) the place at which service of process on the person |
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protected by the protective order was effectuated. |
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(b) On granting a request for confidentiality under this |
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section, the court shall order the clerk to: |
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(1) strike the information described by Subsection (a) |
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from the public records of the court; and |
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(2) maintain a confidential record of the information |
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for use only by the court. |
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SECTION 2. Subchapter A, Chapter 1101, Estates Code, as |
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effective January 1, 2014, is amended by adding Section 1101.002 to |
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read as follows: |
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Sec. 1101.002. CONTENTS OF APPLICATION; CONFIDENTIALITY OF |
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CERTAIN ADDRESSES. An application filed under Section 1101.001 may |
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omit the address of a person named in the application if: |
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(1) the application states that the person is |
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protected by a protective order issued under Chapter 85, Family |
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Code; |
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(2) a copy of the protective order is attached to the |
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application as an exhibit; |
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(3) the application states the county in which the |
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person resides; |
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(4) the application indicates the place where notice |
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to or the issuance and service of citation on the person may be made |
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or sent; and |
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(5) the application is accompanied by a request for an |
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order under Section 1051.201 specifying the manner of issuance, |
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service, and return of citation or notice on the person. |
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SECTION 3. Section 1104.353(b), Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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(b) It is presumed to be not in the best interests of a ward |
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or incapacitated person to appoint as guardian of the ward or |
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incapacitated person a person who has been finally convicted of: |
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(1) any sexual offense, including sexual assault, |
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aggravated sexual assault, and prohibited sexual conduct; |
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(2) aggravated assault; |
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(3) injury to a child, elderly individual, or disabled |
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individual; [or] |
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(4) abandoning or endangering a child; |
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(5) terroristic threat; or |
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(6) continuous violence against the family of the ward |
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or incapacitated person. |
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SECTION 4. Subchapter H, Chapter 1104, Estates Code, as |
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effective January 1, 2014, is amended by adding Section 1104.358 to |
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read as follows: |
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Sec. 1104.358. SUBJECT TO PROTECTIVE ORDER FOR FAMILY |
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VIOLENCE. A person found to have committed family violence who is |
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subject to a protective order issued under Chapter 85, Family Code, |
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may not be appointed guardian of a proposed ward or ward who is |
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protected by the protective order. |
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SECTION 5. The changes in law made by this Act apply only to |
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a guardianship proceeding that is commenced or pending on or after |
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the effective date of this Act. |
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SECTION 6. This Act takes effect January 1, 2014. |