Texas 2011 - 82nd Regular

Texas Senate Bill SB279 Compare Versions

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1	1	By: Davis S.B. No. 279
2	2	(Laubenberg, Rodriguez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to inclusion of pets and other companion animals in
8	8	protective orders; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 85.021, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.
13	13	In a protective order, the court may:
14	14	(1) prohibit a party from:
15	15	(A) removing a child who is a member of the family
16	16	or household from:
17	17	(i) the possession of a person named in the
18	18	order; or
19	19	(ii) the jurisdiction of the court; [or]
20	20	(B) transferring, encumbering, or otherwise
21	21	disposing of property, other than in the ordinary course of
22	22	business, that is mutually owned or leased by the parties; or
23	23	(C) removing a pet, companion animal, or
24	24	assistance animal, as defined by Section 121.002, Human Resources
25	25	Code, from the possession of a person named in the order;
26	26	(2) grant exclusive possession of a residence to a
27	27	party and, if appropriate, direct one or more parties to vacate the
28	28	residence if the residence:
29	29	(A) is jointly owned or leased by the party
30	30	receiving exclusive possession and a party being denied possession;
31	31	(B) is owned or leased by the party retaining
32	32	possession; or
33	33	(C) is owned or leased by the party being denied
34	34	possession and that party has an obligation to support the party or
35	35	a child of the party granted possession of the residence;
36	36	(3) provide for the possession of and access to a child
37	37	of a party if the person receiving possession of or access to the
38	38	child is a parent of the child;
39	39	(4) require the payment of support for a party or for a
40	40	child of a party if the person required to make the payment has an
41	41	obligation to support the other party or the child; or
42	42	(5) award to a party the use and possession of
43	43	specified property that is community property or jointly owned or
44	44	leased property.
45	45	SECTION 2. Subsection (b), Section 85.022, Family Code, is
46	46	amended to read as follows:
47	47	(b) In a protective order, the court may prohibit the person
48	48	found to have committed family violence from:
49	49	(1) committing family violence;
50	50	(2) communicating:
51	51	(A) directly with a person protected by an order
52	52	or a member of the family or household of a person protected by an
53	53	order, in a threatening or harassing manner;
54	54	(B) a threat through any person to a person
55	55	protected by an order or a member of the family or household of a
56	56	person protected by an order; and
57	57	(C) if the court finds good cause, in any manner
58	58	with a person protected by an order or a member of the family or
59	59	household of a person protected by an order, except through the
60	60	party's attorney or a person appointed by the court;
61	61	(3) going to or near the residence or place of
62	62	employment or business of a person protected by an order or a member
63	63	of the family or household of a person protected by an order;
64	64	(4) going to or near the residence, child-care
65	65	facility, or school a child protected under the order normally
66	66	attends or in which the child normally resides;
67	67	(5) engaging in conduct directed specifically toward a
68	68	person who is a person protected by an order or a member of the
69	69	family or household of a person protected by an order, including
70	70	following the person, that is reasonably likely to harass, annoy,
71	71	alarm, abuse, torment, or embarrass the person; [and]
72	72	(6) possessing a firearm, unless the person is a peace
73	73	officer, as defined by Section 1.07, Penal Code, actively engaged
74	74	in employment as a sworn, full-time paid employee of a state agency
75	75	or political subdivision; and
76	76	(7) harming, threatening, or interfering with the
77	77	care, custody, or control of a pet, companion animal, or assistance
78	78	animal, as defined by Section 121.002, Human Resources Code, that
79	79	is possessed by a person protected by an order or by a member of the
80	80	family or household of a person protected by an order.
81	81	SECTION 3. Subsection (a), Section 25.07, Penal Code, is
82	82	amended to read as follows:
83	83	(a) A person commits an offense if, in violation of a
84	84	condition of bond set in a family violence case and related to the
85	85	safety of the victim or the safety of the community, an order issued
86	86	under Article 17.292, Code of Criminal Procedure, an order issued
87	87	under Section 6.504, Family Code, Chapter 83, Family Code, if the
88	88	temporary ex parte order has been served on the person, or Chapter
89	89	85, Family Code, or an order issued by another jurisdiction as
90	90	provided by Chapter 88, Family Code, the person knowingly or
91	91	intentionally:
92	92	(1) commits family violence or an act in furtherance
93	93	of an offense under Section 22.011, 22.021, or 42.072;
94	94	(2) communicates:
95	95	(A) directly with a protected individual or a
96	96	member of the family or household in a threatening or harassing
97	97	manner;
98	98	(B) a threat through any person to a protected
99	99	individual or a member of the family or household; or
100	100	(C) in any manner with the protected individual
101	101	or a member of the family or household except through the person's
102	102	attorney or a person appointed by the court, if the violation is of
103	103	an order described by this subsection and the order prohibits any
104	104	communication with a protected individual or a member of the family
105	105	or household;
106	106	(3) goes to or near any of the following places as
107	107	specifically described in the order or condition of bond:
108	108	(A) the residence or place of employment or
109	109	business of a protected individual or a member of the family or
110	110	household; or
111	111	(B) any child care facility, residence, or school
112	112	where a child protected by the order or condition of bond normally
113	113	resides or attends; [or]
114	114	(4) possesses a firearm; or
115	115	(5) harms, threatens, or interferes with the care,
116	116	custody, or control of a pet, companion animal, or assistance
117	117	animal that is possessed by a person protected by the order.
118	118	SECTION 4. Subsection (b), Section 25.07, Penal Code, is
119	119	amended by adding Subdivision (3) to read as follows:
120	120	(3) "Assistance animal" has the meaning assigned by
121	121	Section 121.002, Human Resources Code.
122	122	SECTION 5. This Act takes effect September 1, 2011.