S.B. No. 116
AN ACT
relating to protective orders against dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Kristy Appleby
Act.
SECTION 2. Subsection (a), Section 71.0021, Family Code, is
amended to read as follows:
(a) "Dating violence" means an act, other than a defensive
measure to protect oneself, by an actor [individual] that:
(1) is committed against a victim:
(A) [another individual] with whom the actor
[that person] has or has had a dating relationship; or
(B) because of the victim's marriage to or dating
relationship with an individual with whom the actor is or has been
in a dating relationship or marriage; and
(2) [that] is intended to result in physical harm,
bodily injury, assault, or sexual assault or that is a threat that
reasonably places the victim [individual] in fear of imminent
physical harm, bodily injury, assault, or sexual assault[, but does
not include defensive measures to protect oneself].
SECTION 3. 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:
(1) an adult member of the dating relationship; or
(2) an adult member of the marriage, if the victim is
or was married as described by Section 71.0021(a)(1)(B).
SECTION 4. The change in law made by this Act to Sections
71.0021 and 82.002, Family Code, applies 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.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 116 passed the Senate on
March 21, 2011, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 23, 2011, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 116 passed the House, with
amendment, on May 19, 2011, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor