Bill Text: TX HB3567 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to protective orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB3567 Detail]
Download: Texas-2019-HB3567-Introduced.html
86R3044 JSC-F | ||
By: Farrar | H.B. No. 3567 |
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relating to protective orders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 85.005(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) To facilitate settlement, the parties to a proceeding | ||
may agree in writing to [ |
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provided by Sections [ |
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under this subsection is subject to the approval of the court. The | ||
court may not approve an agreement that requires the applicant for | ||
the protective order to do or refrain from doing an act under | ||
Section 85.022. | ||
(b) An [ |
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order is enforceable civilly or criminally, regardless of whether | ||
the court makes the findings required by Section 85.001. | ||
SECTION 2. Section 85.006(a), Family Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding Rule 107, Texas Rules of Civil | ||
Procedure, a [ |
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on a respondent who does not attend a hearing if: | ||
(1) the respondent received service of the application | ||
and notice of the hearing; and | ||
(2) proof of service was filed with the court before | ||
the hearing. | ||
SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) The following persons may file an application for a | ||
protective order under this chapter without regard to the | ||
relationship between the applicant and the alleged offender: | ||
(1) a person who is the victim of an offense under | ||
Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [ |
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or 43.05, Penal Code; | ||
(2) any adult acting on behalf of a child or on behalf | ||
of an adult ward who is the victim of an offense listed in | ||
Subdivision (1) [ |
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(3) [ |
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[ |
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[ |
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person described by Subdivision (1) or [ |
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SECTION 4. Article 7A.07, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) The following persons may file at any time an | ||
application with the court to rescind the protective order: | ||
(1) a victim of an offense listed in Article | ||
7A.01(a)(1) who is 18 [ |
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(2) subject to Subsection (c), [ |
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guardian acting on behalf of a victim of an offense listed in | ||
Article 7A.01(a)(1) who is younger than 18 [ |
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(3) the person who filed the application for the | ||
protective order. | ||
(c) A [ |
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rescind the protective order under Subsection (b)(2) if the parent | ||
or guardian is the alleged offender subject to the protective order | ||
[ |
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SECTION 5. Section 85.005, Family Code, as amended by this | ||
Act, applies only to a protective order approved by the court on or | ||
after the effective date of this Act. | ||
SECTION 6. Section 85.006, Family Code, as amended by this | ||
Act, applies only to a protective order for which the respondent | ||
receives service on or after the effective date of this Act. | ||
SECTION 7. Chapter 7A, Code of Criminal Procedure, as | ||
amended by this Act, applies only to a protective order for which an | ||
application is filed on or after the effective date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |