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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. Sections 85.005(a) and (b), Family Code, are |
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amended to 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 |
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provided by Sections [Section] 85.021 and 85.022. An agreement |
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under this subsection is subject to the approval of the court. The |
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court may not approve an agreement that requires the applicant for |
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the protective order to do or refrain from doing an act under |
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Section 85.022. |
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(b) An [To facilitate settlement, a respondent may agree in
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writing to the terms of a protective order as provided by Section
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85.022, subject to the approval of the court.
The court may not
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approve an agreement that requires the applicant to do or refrain
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from doing an act under Section 85.022.
The] agreed protective |
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order is enforceable civilly or criminally, regardless of whether |
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the court makes the findings required by Section 85.001. |
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SECTION 2. Section 85.006(a), Family Code, is amended to |
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read as follows: |
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(a) Notwithstanding Rule 107, Texas Rules of Civil |
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Procedure, a [A] court may render a protective order that is binding |
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on a respondent who does not attend a hearing if: |
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(1) the respondent received service of the application |
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and notice of the hearing; and |
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(2) proof of service was filed with the court before |
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the hearing. |
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SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The following persons may file an application for a |
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protective order under this chapter without regard to the |
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relationship between the applicant and the alleged offender: |
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(1) a person who is the victim of an offense under |
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Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072, |
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or 43.05, Penal Code; |
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(2) any adult acting on behalf of a child or on behalf |
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of an adult ward who is the victim of an offense listed in |
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Subdivision (1) [a person who is the victim of an offense under
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Section 20A.02, 20A.03, or 43.05, Penal Code]; or |
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(3) [a parent or guardian acting on behalf of a person
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younger than 17 years of age who is the victim of an offense listed
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in Subdivision (1);
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[(4)
a parent or guardian acting on behalf of a person
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younger than 18 years of age who is the victim of an offense listed
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in Subdivision (2); or
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[(5)] a prosecuting attorney acting on behalf of a |
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person described by Subdivision (1) or [,] (2)[, (3), or (4)]. |
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SECTION 4. Article 7A.07, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) The following persons may file at any time an |
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application with the court to rescind the protective order: |
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(1) a victim of an offense listed in Article |
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7A.01(a)(1) who is 18 [17] years of age or older; |
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(2) subject to Subsection (c), [or] a parent or |
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guardian acting on behalf of a victim of an offense listed in |
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Article 7A.01(a)(1) who is younger than 18 [17] years of age; or |
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(3) the person who filed the application for the |
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protective order. |
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(c) A [(2)
a victim of an offense listed in Article
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7A.01(a)(2) or a] parent or guardian may not file an application to |
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rescind the protective order under Subsection (b)(2) if the parent |
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or guardian is the alleged offender subject to the protective order |
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[acting on behalf of a victim who is younger than 18 years of age]. |
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SECTION 5. Section 85.005, Family Code, as amended by this |
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Act, applies only to a protective order approved by the court on or |
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after the effective date of this Act. |
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SECTION 6. Section 85.006, Family Code, as amended by this |
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Act, applies only to a protective order for which the respondent |
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receives service on or after the effective date of this Act. |
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SECTION 7. Chapter 7A, Code of Criminal Procedure, as |
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amended by this Act, applies only to a protective order for which an |
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application is filed on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |