By: Davis S.B. No. 279
(Laubenberg, Rodriguez)
A BILL TO BE ENTITLED
AN ACT
relating to inclusion of pets and other companion animals in
protective orders; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.021, Family Code, is amended to read
as follows:
Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.
In a protective order, the court may:
(1) prohibit a party from:
(A) removing a child who is a member of the family
or household from:
(i) the possession of a person named in the
order; or
(ii) the jurisdiction of the court; [or]
(B) transferring, encumbering, or otherwise
disposing of property, other than in the ordinary course of
business, that is mutually owned or leased by the parties; or
(C) removing a pet, companion animal, or
assistance animal, as defined by Section 121.002, Human Resources
Code, from the possession of a person named in the order;
(2) grant exclusive possession of a residence to a
party and, if appropriate, direct one or more parties to vacate the
residence if the residence:
(A) is jointly owned or leased by the party
receiving exclusive possession and a party being denied possession;
(B) is owned or leased by the party retaining
possession; or
(C) is owned or leased by the party being denied
possession and that party has an obligation to support the party or
a child of the party granted possession of the residence;
(3) provide for the possession of and access to a child
of a party if the person receiving possession of or access to the
child is a parent of the child;
(4) require the payment of support for a party or for a
child of a party if the person required to make the payment has an
obligation to support the other party or the child; or
(5) award to a party the use and possession of
specified property that is community property or jointly owned or
leased property.
SECTION 2. Subsection (b), Section 85.022, 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
or a member of the family or household of 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; and
(7) harming, threatening, or interfering with the
care, custody, or control of a pet, companion animal, or assistance
animal, as defined by Section 121.002, Human Resources Code, that
is possessed by a person protected by an order or by a member of the
family or household of a person protected by an order.
SECTION 3. Subsection (a), Section 25.07, Penal Code, is
amended to read as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence case and related to the
safety of the victim or the safety of the community, an order issued
under Article 17.292, Code of Criminal Procedure, an order issued
under Section 6.504, Family Code, Chapter 83, Family Code, if the
temporary ex parte order has been served on the person, or Chapter
85, Family Code, or an order issued by another jurisdiction as
provided by Chapter 88, Family Code, the person knowingly or
intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends; [or]
(4) possesses a firearm; or
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order.
SECTION 4. Subsection (b), Section 25.07, Penal Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
SECTION 5. This Act takes effect September 1, 2011.