Bill Text: TX SB819 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to family violence and protective orders.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB819 Detail]
Download: Texas-2011-SB819-Enrolled.html
S.B. No. 819 |
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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. | ||
(c) A motion for enforcement of a protective order rendered | ||
under this title may be filed in: | ||
(1) any court in the county in which the order was | ||
rendered with jurisdiction of proceedings arising under this title; | ||
(2) a county in which the movant or respondent | ||
resides; or | ||
(3) a county in which an alleged violation of the order | ||
occurs. | ||
SECTION 2. Subsection (b), Section 82.002, 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. Subsection (a), Section 85.026, 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. The following provisions of the Family Code are | ||
repealed: | ||
(1) Section 83.007; | ||
(2) Subsection (b), Section 85.026; and | ||
(3) Subsections (a) and (b), Section 85.065. | ||
SECTION 7. (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 8. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 819 passed the Senate on | ||
March 31, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 25, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 819 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |