S.B. No. 555
 
 
 
 
AN ACT
  relating to provisions in protective orders regarding pets and
  other companion animals; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.021, Family Code, is amended to read
  as follows:
         Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY
  PARTY.  In a protective order, the court may:
               (1)  prohibit a party from:
                     (A)  removing a child who is a member of the family
  or household from:
                           (i)  the possession of a person named in the
  order; or
                           (ii)  the jurisdiction of the court;
                     (B)  transferring, encumbering, or otherwise
  disposing of property, other than in the ordinary course of
  business, that is mutually owned or leased by the parties; or
                     (C)  removing a pet, companion animal, or
  assistance animal, as defined by Section 121.002, Human Resources
  Code, from the possession or actual or constructive care of a person
  named in the order;
               (2)  grant exclusive possession of a residence to a
  party and, if appropriate, direct one or more parties to vacate the
  residence if the residence:
                     (A)  is jointly owned or leased by the party
  receiving exclusive possession and a party being denied possession;
                     (B)  is owned or leased by the party retaining
  possession; or
                     (C)  is owned or leased by the party being denied
  possession and that party has an obligation to support the party or
  a child of the party granted possession of the residence;
               (3)  provide for the possession of and access to a child
  of a party if the person receiving possession of or access to the
  child is a parent of the child;
               (4)  require the payment of support for a party or for a
  child of a party if the person required to make the payment has an
  obligation to support the other party or the child; or
               (5)  award to a party the use and possession of
  specified property that is community property or jointly owned or
  leased property.
         SECTION 2.  Subsection (b), Section 85.022, Family Code, is
  amended to read as follows:
         (b)  In a protective order, the court may prohibit the person
  found to have committed family violence from:
               (1)  committing family violence;
               (2)  communicating:
                     (A)  directly with a person protected by an order
  or a member of the family or household of a person protected by an
  order, in a threatening or harassing manner;
                     (B)  a threat through any person to a person
  protected by an order or a member of the family or household of a
  person protected by an order; and
                     (C)  if the court finds good cause, in any manner
  with a person protected by an order or a member of the family or
  household of a person protected by an order, except through the
  party's attorney or a person appointed by the court;
               (3)  going to or near the residence or place of
  employment or business of a person protected by an order or a member
  of the family or household of a person protected by an order;
               (4)  going to or near the residence, child-care
  facility, or school a child protected under the order normally
  attends or in which the child normally resides;
               (5)  engaging in conduct directed specifically toward a
  person who is a person protected by an order or a member of the
  family or household of a person protected by an order, including
  following the person, that is reasonably likely to harass, annoy,
  alarm, abuse, torment, or embarrass the person;
               (6)  possessing a firearm, unless the person is 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; and
               (7)  harming, threatening, or interfering with the
  care, custody, or control of a pet, companion animal, or assistance
  animal, as defined by Section 121.002, Human Resources Code, that
  is possessed by or is in the actual or constructive care of a person
  protected by an order or by a member of the family or household of a
  person protected by an order.
         SECTION 3.  Section 25.07, Penal Code, is amended by adding
  Subsection (a-1) to read as follows:
         (a-1)  For purposes of Subsection (a)(5), possession of a
  pet, companion animal, or assistance animal by a person means:
               (1)  actual care, custody, control, or management of a
  pet, companion animal, or assistance animal by the person; or
               (2)  constructive possession of a pet, companion
  animal, or assistance animal owned by the person or for which the
  person has been the primary caregiver.
         SECTION 4.  The changes in law made by this Act to Sections
  85.021 and 85.022, Family Code, apply only to a protective order
  rendered on or after the effective date of this Act. A protective
  order rendered before the effective date of this Act is governed by
  the law in effect on the date the protective order was rendered, and
  the former law is continued in effect for that purpose.
         SECTION 5.  The change in law made by this Act to Section
  25.07, Penal Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is covered by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose. For purposes of this section, an offense was
  committed before the effective date of this Act if any element of
  the offense was committed before that date.
         SECTION 6.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 555 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 555 passed the House on
  May 22, 2013, by the following vote:  Yeas 145, Nays 3, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor