Bill Text: TX HB1260 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to family violence and protective orders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to Judiciary & Civil Jurisprudence [HB1260 Detail]
Download: Texas-2011-HB1260-Introduced.html
82R580 KKA-F | ||
By: Thompson | H.B. No. 1260 |
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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. | ||
SECTION 2. Section 82.002(b), 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 [ |
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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. Section 85.026(a), 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. Section 261.001(1), Family Code, is amended to | ||
read as follows: | ||
(1) "Abuse" includes the following acts or omissions | ||
by a person: | ||
(A) mental or emotional injury to a child that | ||
results in an observable and material impairment in the child's | ||
growth, development, or psychological functioning; | ||
(B) causing or permitting the child to be in a | ||
situation in which the child sustains a mental or emotional injury | ||
that results in an observable and material impairment in the | ||
child's growth, development, or psychological functioning; | ||
(C) physical injury that results in substantial | ||
harm to the child, or the genuine threat of substantial harm from | ||
physical injury to the child, including an injury that is at | ||
variance with the history or explanation given and excluding an | ||
accident or reasonable discipline by a parent, guardian, or | ||
managing or possessory conservator that does not expose the child | ||
to a substantial risk of harm; | ||
(D) failure to make a reasonable effort to | ||
prevent an action by another person that results in physical injury | ||
that results in substantial harm to the child; | ||
(E) sexual conduct harmful to a child's mental, | ||
emotional, or physical welfare, including conduct that constitutes | ||
the offense of continuous sexual abuse of young child or children | ||
under Section 21.02, Penal Code, indecency with a child under | ||
Section 21.11, Penal Code, sexual assault under Section 22.011, | ||
Penal Code, or aggravated sexual assault under Section 22.021, | ||
Penal Code; | ||
(F) failure to make a reasonable effort to | ||
prevent sexual conduct harmful to a child; | ||
(G) compelling or encouraging the child to engage | ||
in sexual conduct as defined by Section 43.01, Penal Code; | ||
(H) causing, permitting, encouraging, engaging | ||
in, or allowing the photographing, filming, or depicting of the | ||
child if the person knew or should have known that the resulting | ||
photograph, film, or depiction of the child is obscene as defined by | ||
Section 43.21, Penal Code, or pornographic; | ||
(I) the current use by a person of a controlled | ||
substance as defined by Chapter 481, Health and Safety Code, in a | ||
manner or to the extent that the use results in physical, mental, or | ||
emotional injury to a child; | ||
(J) causing, expressly permitting, or | ||
encouraging a child to use a controlled substance as defined by | ||
Chapter 481, Health and Safety Code; [ |
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(K) causing, permitting, encouraging, engaging | ||
in, or allowing a sexual performance by a child as defined by | ||
Section 43.25, Penal Code; or | ||
(L) conduct defined as dating violence by Section | ||
71.0021, if the conduct is directed against a child. | ||
SECTION 7. Sections 83.007, 85.026(b), and 85.065(a) and | ||
(b), Family Code, are repealed. | ||
SECTION 8. (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 9. This Act takes effect September 1, 2011. |