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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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(c) A motion for enforcement of a protective order rendered |
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under this title may be filed in: |
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(1) any court in the county in which the order was |
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rendered with jurisdiction of proceedings arising under this title; |
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(2) a county in which the movant or respondent |
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resides; or |
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(3) a county in which an alleged violation of the order |
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occurs. |
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SECTION 2. Subsection (b), Section 82.002, Family Code, is |
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amended to 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. |
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(a) An application that requests the issuance of a temporary ex |
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parte 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. Subsection (a), Section 85.026, Family Code, is |
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amended to 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. The following provisions of the Family Code are |
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repealed: |
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(1) Section 83.007; |
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(2) Subsection (b), Section 85.026; and |
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(3) Subsections (a) and (b), Section 85.065. |
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SECTION 7. (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 8. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 819 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 819 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |