Bill Text: TX HB3172 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to protective orders.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-20 - Left pending in committee [HB3172 Detail]
Download: Texas-2011-HB3172-Engrossed.html
| 82R23821 JSC-D | ||
| By: Gonzalez, Gonzales of Hidalgo, Lucio III, | H.B. No. 3172 | |
| Hartnett | ||
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| relating to protective orders. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 85.005(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) To facilitate settlement, the parties to a proceeding | ||
| may agree in writing to the terms of a protective order as provided | ||
| by Section 85.021. An agreement under this subsection is subject to | ||
| the approval of the court. A court may render an agreed protective | ||
| order under this subsection without making a finding of family | ||
| violence. | ||
| SECTION 2. Section 85.024(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) A person found to have engaged in family violence who is | ||
| ordered to attend a program or counseling under Section | ||
| 85.022(a)(1), (2), or (3) shall file with the court an affidavit | ||
| before the 60th day after the date the order was rendered stating | ||
| either that the person has begun the program or counseling or that a | ||
| program or counseling is not available within a reasonable distance | ||
| from the person's residence. A person who files an affidavit that | ||
| the person has begun the program or counseling shall file with the | ||
| court before the date the protective order expires a statement that | ||
| the person completed the program or counseling not later than the | ||
| 30th day before the expiration date of the protective order or the | ||
| 30th day before the first anniversary of the date the protective | ||
| order was issued, whichever date is earlier. An affidavit under | ||
| this subsection must be accompanied by a letter, notice, or | ||
| certificate from the program or counselor that verifies the | ||
| person's completion of the program or counseling. A person who | ||
| fails to comply with this subsection may be punished for contempt of | ||
| court under Section 21.002, Government Code, on the motion of a | ||
| party or on the court's own motion. | ||
| SECTION 3. The changes in law made by this Act apply to an | ||
| application for a protective order 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 covered by the law in | ||
| effect on the date the application was filed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
