Bill Text: TX SB555 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to provisions in protective orders regarding pets and other companion animals; providing a penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB555 Detail]
Download: Texas-2013-SB555-Enrolled.html
S.B. No. 555 |
|
||
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 |