Texas 2009 - 81st Regular

Texas House Bill HB2797 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2321 KKA-F
2	2	By: Bolton H.B. No. 2797
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to family violence and protective orders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 81, Family Code, is amended by adding
10	10	Section 81.010 to read as follows:
11	11	Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state
12	12	with jurisdiction of proceedings arising under this title may
13	13	enforce a protective order rendered by another court in the same
14	14	manner that the court that rendered the order could enforce the
15	15	order, regardless of whether the order is transferred under
16	16	Subchapter D, Chapter 85.
17	17	(b) A court's authority under this section includes the
18	18	authority to enforce a protective order through contempt.
19	19	SECTION 2. Section 82.002(b), Family Code, is amended to
20	20	read as follows:
21	21	(b) With regard to family violence under Section 71.004(3),
22	22	an application for a protective order to protect the applicant may
23	23	be filed by a [an adult] member of the dating relationship,
24	24	regardless of whether the member is an adult or a child.
25	25	SECTION 3. Section 82.009, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. (a)
28	28	An application that requests the issuance of a temporary ex parte
29	29	order under Chapter 83 must:
30	30	(1) contain a detailed description of the facts and
31	31	circumstances concerning the alleged family violence and the need
32	32	for the immediate protective order; and
33	33	(2) be signed by each applicant under an oath that the
34	34	facts and circumstances contained in the application are true to
35	35	the best knowledge and belief of each applicant.
36	36	(b) For purposes of this section, a statement signed under
37	37	oath by a child is valid if the statement otherwise complies with
38	38	this chapter.
39	39	SECTION 4. Section 83.006, Family Code, is amended by
40	40	adding Subsection (c) to read as follows:
41	41	(c) The court may recess the hearing on a temporary ex parte
42	42	order to contact the respondent by telephone and provide the
43	43	respondent the opportunity to be present when the court resumes the
44	44	hearing. Without regard to whether the respondent is able to be
45	45	present at the hearing, the court shall resume the hearing before
46	46	the end of the working day.
47	47	SECTION 5. Section 85.026(a), Family Code, is amended to
48	48	read as follows:
49	49	(a) Each protective order issued under this subtitle,
50	50	including a temporary ex parte order, must contain the following
51	51	prominently displayed statements in boldfaced type, capital
52	52	letters, or underlined:
53	53	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
54	54	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
55	55	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
56	56	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
57	57	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
58	58	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
59	59	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
60	60	UNLESS A COURT CHANGES THE ORDER."
61	61	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
62	62	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
63	63	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
64	64	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
65	65	FIREARM OR AMMUNITION."
66	66	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
67	67	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
68	68	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
69	69	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
70	70	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
71	71	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
72	72	FOR AT LEAST TWO YEARS."
73	73	SECTION 6. Section 261.001(1), Family Code, is amended to
74	74	read as follows:
75	75	(1) "Abuse" includes the following acts or omissions
76	76	by a person:
77	77	(A) mental or emotional injury to a child that
78	78	results in an observable and material impairment in the child's
79	79	growth, development, or psychological functioning;
80	80	(B) causing or permitting the child to be in a
81	81	situation in which the child sustains a mental or emotional injury
82	82	that results in an observable and material impairment in the
83	83	child's growth, development, or psychological functioning;
84	84	(C) physical injury that results in substantial
85	85	harm to the child, or the genuine threat of substantial harm from
86	86	physical injury to the child, including an injury that is at
87	87	variance with the history or explanation given and excluding an
88	88	accident or reasonable discipline by a parent, guardian, or
89	89	managing or possessory conservator that does not expose the child
90	90	to a substantial risk of harm;
91	91	(D) failure to make a reasonable effort to
92	92	prevent an action by another person that results in physical injury
93	93	that results in substantial harm to the child;
94	94	(E) sexual conduct harmful to a child's mental,
95	95	emotional, or physical welfare, including conduct that constitutes
96	96	the offense of continuous sexual abuse of young child or children
97	97	under Section 21.02, Penal Code, indecency with a child under
98	98	Section 21.11, Penal Code, sexual assault under Section 22.011,
99	99	Penal Code, or aggravated sexual assault under Section 22.021,
100	100	Penal Code;
101	101	(F) failure to make a reasonable effort to
102	102	prevent sexual conduct harmful to a child;
103	103	(G) compelling or encouraging the child to engage
104	104	in sexual conduct as defined by Section 43.01, Penal Code;
105	105	(H) causing, permitting, encouraging, engaging
106	106	in, or allowing the photographing, filming, or depicting of the
107	107	child if the person knew or should have known that the resulting
108	108	photograph, film, or depiction of the child is obscene as defined by
109	109	Section 43.21, Penal Code, or pornographic;
110	110	(I) the current use by a person of a controlled
111	111	substance as defined by Chapter 481, Health and Safety Code, in a
112	112	manner or to the extent that the use results in physical, mental, or
113	113	emotional injury to a child;
114	114	(J) causing, expressly permitting, or
115	115	encouraging a child to use a controlled substance as defined by
116	116	Chapter 481, Health and Safety Code; [or]
117	117	(K) causing, permitting, encouraging, engaging
118	118	in, or allowing a sexual performance by a child as defined by
119	119	Section 43.25, Penal Code; or
120	120	(L) conduct defined as dating violence by Section
121	121	71.0021, if the conduct is directed against a child.
122	122	SECTION 7. Sections 83.007, 85.026(b), and 85.065(a) and
123	123	(b), Family Code, are repealed.
124	124	SECTION 8. (a) The changes in law made by this Act to
125	125	Sections 82.002 and 82.009, Family Code, apply only to an
126	126	application for a protective order that is filed on or after the
127	127	effective date of this Act. An application for a protective order
128	128	filed before the effective date of this Act is governed by the law
129	129	in effect on the date the application is filed, and the former law
130	130	is continued in effect for that purpose.
131	131	(b) The changes in law made by this Act to Section 85.026,
132	132	Family Code, apply only to a protective order issued on or after the
133	133	effective date of this Act. A protective order issued before the
134	134	effective date of this Act is governed by the law in effect on the
135	135	date the order is issued, and the former law is continued in effect
136	136	for that purpose.
137	137	SECTION 9. This Act takes effect September 1, 2009.