82R23821 JSC-D
By: Gonzalez, Gonzales of Hidalgo, Lucio III, H.B. No. 3172
Hartnett
Substitute the following for H.B. No. 3172:
By: Jackson C.S.H.B. No. 3172
A BILL TO BE ENTITLED
AN ACT
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.