By: Gonzalez H.B. No. 1817
A BILL TO BE ENTITLED
AN ACT
relating to protective orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 84, Family Code, is amended by adding
Section 84.006 to read as follows:
Sec. 84.006. DISCOVERY PROHIBITED. The court shall not
permit discovery for a hearing on an application for a protective
order filed under this title, regardless of whether the hearing
under this chapter is continued or postponed.
SECTION 2. 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 shall render an agreed
protective order under this subsection without making a finding of
family violence.
SECTION 3. Section 85.022(b), Family Code, is amended to
read as follows:
(b) In a protective order, the court may prohibit the person
found to have committed family violence from:
(1) committing family violence;
(2) communicating:
(A) directly with a person protected by an order,
in a threatening or harassing manner;
(B) a threat through any person to a person
protected by an order or a member of the family or household of a
person protected by an order; and
(C) if the court finds good cause, in any manner
with a person protected by an order or a member of the family or
household of a person protected by an order, except through the
party's attorney or a person appointed by the court;
(3) going to or near the residence or place of
employment or business of a person protected by an order or a member
of the family or household of a person protected by an order.
(4) going to or near the residence, child-care
facility, or school a child protected under the order normally
attends or in which the child normally resides;
(5) engaging in conduct directed specifically toward a
person who is a person protected by an order or a member of the
family or household of a person protected by an order, including
following the person, that is reasonably likely to harass, annoy,
alarm, abuse, torment, or embarrass the person; and
(6) possessing a firearm, unless the person is 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.
SECTION 4. 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 5. Section 201.005(a), Family Code, is amended to
read as follows:
(a) Except as provided by this section, a judge of a court
may refer to an associate judge any aspect of a suit over which the
court has jurisdiction under this title or Title 1, [or 4] including
any matter ancillary to the suit.
SECTION 6. Chapter 85, Family Code, is amended by adding
Section 85.010 to read as follows:
Sec. 85.010. DE NOVO HEARING PROHIBITED. A respondent who
has been issued a protective order by a court subject to Section
85.021 shall not have the right to a de novo hearing to appeal a
protective order issued under this title.
SECTION 7. 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 8. This Act takes effect September 1, 2011.