S.B. No. 819

	AN ACT
	relating to family violence and protective orders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 81, Family Code, is amended by adding
	Section 81.010 to read as follows:
	Sec. 81.010.  COURT ENFORCEMENT. (a)  A court of this state
	with jurisdiction of proceedings arising under this title may
	enforce a protective order rendered by another court in the same
	manner that the court that rendered the order could enforce the
	order, regardless of whether the order is transferred under
	Subchapter D, Chapter 85.
	(b)  A court's authority under this section includes the
	authority to enforce a protective order through contempt.
	(c)  A motion for enforcement of a protective order rendered
	under this title may be filed in:
	(1)  any court in the county in which the order was
	rendered with jurisdiction of proceedings arising under this title;
	(2)  a county in which the movant or respondent
	resides; or
	(3)  a county in which an alleged violation of the order
	occurs.
	SECTION 2.  Subsection (b), Section 82.002, Family Code, is
	amended to read as follows:
	(b)  With regard to family violence under Section 71.004(3),
	an application for a protective order to protect the applicant may
	be filed by a [an adult] member of the dating relationship,
	regardless of whether the member is an adult or a child.
	SECTION 3.  Section 82.009, Family Code, is amended to read
	as follows:
	Sec. 82.009.  APPLICATION FOR TEMPORARY EX PARTE ORDER.
	(a)  An application that requests the issuance of a temporary ex
	parte order under Chapter 83 must:
	(1)  contain a detailed description of the facts and
	circumstances concerning the alleged family violence and the need
	for the immediate protective order; and
	(2)  be signed by each applicant under an oath that the
	facts and circumstances contained in the application are true to
	the best knowledge and belief of each applicant.
	(b)  For purposes of this section, a statement signed under
	oath by a child is valid if the statement otherwise complies with
	this chapter.
	SECTION 4.  Section 83.006, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  The court may recess the hearing on a temporary ex parte
	order to contact the respondent by telephone and provide the
	respondent the opportunity to be present when the court resumes the
	hearing. Without regard to whether the respondent is able to be
	present at the hearing, the court shall resume the hearing before
	the end of the working day.
	SECTION 5.  Subsection (a), Section 85.026, Family Code, is
	amended to read as follows:
	(a)  Each protective order issued under this subtitle,
	including a temporary ex parte order, must contain the following
	prominently displayed statements in boldfaced type, capital
	letters, or underlined:
	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
	UNLESS A COURT CHANGES THE ORDER."
	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
	FIREARM OR AMMUNITION."
	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH.  AN ACT THAT
	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
	MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A
	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
	FOR AT LEAST TWO YEARS."
	SECTION 6.  The following provisions of the Family Code are
	repealed:
	(1)  Section 83.007;
	(2)  Subsection (b), Section 85.026; and
	(3)  Subsections (a) and (b), Section 85.065.
	SECTION 7.  (a)  The changes in law made by this Act to
	Sections 82.002 and 82.009, Family Code, apply only to an
	application for a protective order that is filed on or after the
	effective date of this Act. An application for a protective order
	filed before the effective date of this Act is governed by the law
	in effect on the date the application is filed, and the former law
	is continued in effect for that purpose.
	(b)  The changes in law made by this Act to Section 85.026,
	Family Code, apply only to a protective order issued on or after the
	effective date of this Act. A protective order issued before the
	effective date of this Act is governed by the law in effect on the
	date the order is issued, and the former law is continued in effect
	for that purpose.
	SECTION 8.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 819 passed the Senate on
	March 31, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2011, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 819 passed the House, with
	amendment, on May 23, 2011, by the following vote: Yeas 142,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor