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A BILL TO BE ENTITLED
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AN ACT
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relating to the restrictions that may be included in a protective |
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order on a person found to have committed family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 84, Family Code, is amended by adding |
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Section 84.007 to read as follows: |
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Sec. 84.007. NOTICE TO APPLICANT REGARDING RESTRICTIONS |
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AVAILABLE UNDER PROTECTIVE ORDER. In a hearing on an application |
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for a protective order, if the applicant has alleged that family |
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violence has occurred, the court shall: |
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(1) inform the applicant of the restrictions that the |
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court may impose in a protective order on a person found to have |
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committed family violence, including by specifically discussing |
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with the applicant the location restrictions described by Sections |
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85.022(b)(3) and (4); and |
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(2) specifically ask the applicant if the applicant |
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wishes the court to include one or both of the location restrictions |
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described by Sections 85.022(b)(3) and (4) in the court's order if |
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the court finds that the respondent has committed family violence |
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and that family violence is likely to occur in the future. |
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SECTION 2. Section 85.022, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In determining whether to include in a protective |
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order the location restrictions described by Subsections (b)(3) and |
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(4), the court must consider any wishes expressed by the applicant |
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in response to the court's question to the applicant under Section |
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84.007(2) regarding the inclusion of those restrictions in the |
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court's order. |
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SECTION 3. Section 84.007, Family Code, as added by this |
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Act, applies to a hearing on an application for a protective order |
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held on or after the effective date of this Act regardless of the |
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date the application is filed. |
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SECTION 4. Section 85.022(b-1), Family Code, as added by |
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this Act, applies only to a protective order for which a hearing is |
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held on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |