This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 279
 
 
 
 
AN ACT
  relating to inclusion of pets and other companion animals in
  protective orders; 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; [or]
                     (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 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; [and]
               (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 a person protected by an order or by a member of the
  family or household of a person protected by an order.
         SECTION 3.  Subsection (a), Section 25.07, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence case and related to the
  safety of the victim or the safety of the community, an order issued
  under Article 17.292, Code of Criminal Procedure, an order issued
  under Section 6.504, Family Code, Chapter 83, Family Code, if the
  temporary ex parte order has been served on the person, or Chapter
  85, Family Code, or an order issued by another jurisdiction as
  provided by Chapter 88, Family Code, the person knowingly or
  intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 22.011, 22.021, or 42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends; [or]
               (4)  possesses a firearm; or
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order.
         SECTION 4.  Subsection (b), Section 25.07, Penal Code, is
  amended by adding Subdivision (3) to read as follows:
               (3)  "Assistance animal" has the meaning assigned by
  Section 121.002, Human Resources Code.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 279 passed the Senate on
  March 24, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 279 passed the House on
  May 12, 2011, by the following vote:  Yeas 133, Nays 11, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor