| 1 | 1 | | 82R23821 JSC-D |
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| 2 | 2 | | By: Gonzalez, Gonzales of Hidalgo, Lucio III, H.B. No. 3172 |
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| 3 | 3 | | Hartnett |
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| 4 | 4 | | Substitute the following for H.B. No. 3172: |
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| 5 | 5 | | By: Jackson C.S.H.B. No. 3172 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to protective orders. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 85.005(a), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) To facilitate settlement, the parties to a proceeding |
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| 15 | 15 | | may agree in writing to the terms of a protective order as provided |
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| 16 | 16 | | by Section 85.021. An agreement under this subsection is subject to |
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| 17 | 17 | | the approval of the court. A court may render an agreed protective |
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| 18 | 18 | | order under this subsection without making a finding of family |
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| 19 | 19 | | violence. |
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| 20 | 20 | | SECTION 2. Section 85.024(a), Family Code, is amended to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (a) A person found to have engaged in family violence who is |
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| 23 | 23 | | ordered to attend a program or counseling under Section |
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| 24 | 24 | | 85.022(a)(1), (2), or (3) shall file with the court an affidavit |
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| 25 | 25 | | before the 60th day after the date the order was rendered stating |
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| 26 | 26 | | either that the person has begun the program or counseling or that a |
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| 27 | 27 | | program or counseling is not available within a reasonable distance |
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| 28 | 28 | | from the person's residence. A person who files an affidavit that |
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| 29 | 29 | | the person has begun the program or counseling shall file with the |
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| 30 | 30 | | court before the date the protective order expires a statement that |
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| 31 | 31 | | the person completed the program or counseling not later than the |
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| 32 | 32 | | 30th day before the expiration date of the protective order or the |
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| 33 | 33 | | 30th day before the first anniversary of the date the protective |
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| 34 | 34 | | order was issued, whichever date is earlier. An affidavit under |
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| 35 | 35 | | this subsection must be accompanied by a letter, notice, or |
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| 36 | 36 | | certificate from the program or counselor that verifies the |
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| 37 | 37 | | person's completion of the program or counseling. A person who |
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| 38 | 38 | | fails to comply with this subsection may be punished for contempt of |
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| 39 | 39 | | court under Section 21.002, Government Code, on the motion of a |
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| 40 | 40 | | party or on the court's own motion. |
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| 41 | 41 | | SECTION 3. The changes in law made by this Act apply to an |
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| 42 | 42 | | application for a protective order filed on or after the effective |
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| 43 | 43 | | date of this Act. An application for a protective order filed |
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| 44 | 44 | | before the effective date of this Act is covered by the law in |
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| 45 | 45 | | effect on the date the application was filed, and the former law is |
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| 46 | 46 | | continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2011. |
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