83R7600 KKA-F
By: Laubenberg H.B. No. 1469
A BILL TO BE ENTITLED
AN ACT
relating to provisions in protective orders regarding pets and
other companion animals; 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;
(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 or actual or constructive care 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. Section 85.022(b), 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;
(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 or is in the actual or constructive care of a person
protected by an order or by a member of the family or household of a
person protected by an order.
SECTION 3. Section 25.07, Penal Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) For purposes of Subsection (a)(5), possession of a
pet, companion animal, or assistance animal by a person means:
(1) actual care, custody, control, or management of a
pet, companion animal, or assistance animal by the person; or
(2) constructive possession of a pet, companion
animal, or assistance animal owned by the person or for which the
person has been the primary caregiver.
SECTION 4. The changes in law made by this Act to Sections
85.021 and 85.022, Family Code, apply only to a protective order
rendered on or after the effective date of this Act. A protective
order rendered before the effective date of this Act is governed by
the law in effect on the date the protective order was rendered, and
the former law is continued in effect for that purpose.
SECTION 5. The change in law made by this Act to Section
25.07, Penal Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
SECTION 6. This Act takes effect September 1, 2013.