Texas 2013 - 83rd Regular

Texas Senate Bill SB555 Compare Versions

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1	1	By: Davis S.B. No. 555
2	2	(Laubenberg)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions in protective orders regarding pets and
8	8	other companion animals; 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
13	13	PARTY. 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;
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 or actual or constructive care of a person
26	26	named in the order;
27	27	(2) grant exclusive possession of a residence to a
28	28	party and, if appropriate, direct one or more parties to vacate the
29	29	residence if the residence:
30	30	(A) is jointly owned or leased by the party
31	31	receiving exclusive possession and a party being denied possession;
32	32	(B) is owned or leased by the party retaining
33	33	possession; or
34	34	(C) is owned or leased by the party being denied
35	35	possession and that party has an obligation to support the party or
36	36	a child of the party granted possession of the residence;
37	37	(3) provide for the possession of and access to a child
38	38	of a party if the person receiving possession of or access to the
39	39	child is a parent of the child;
40	40	(4) require the payment of support for a party or for a
41	41	child of a party if the person required to make the payment has an
42	42	obligation to support the other party or the child; or
43	43	(5) award to a party the use and possession of
44	44	specified property that is community property or jointly owned or
45	45	leased property.
46	46	SECTION 2. Subsection (b), Section 85.022, Family Code, is
47	47	amended to read as follows:
48	48	(b) In a protective order, the court may prohibit the person
49	49	found to have committed family violence from:
50	50	(1) committing family violence;
51	51	(2) communicating:
52	52	(A) directly with a person protected by an order
53	53	or a member of the family or household of a person protected by an
54	54	order, in a threatening or harassing manner;
55	55	(B) a threat through any person to a person
56	56	protected by an order or a member of the family or household of a
57	57	person protected by an order; and
58	58	(C) if the court finds good cause, in any manner
59	59	with a person protected by an order or a member of the family or
60	60	household of a person protected by an order, except through the
61	61	party's attorney or a person appointed by the court;
62	62	(3) going to or near the residence or place of
63	63	employment or business of a person protected by an order or a member
64	64	of the family or household of a person protected by an order;
65	65	(4) going to or near the residence, child-care
66	66	facility, or school a child protected under the order normally
67	67	attends or in which the child normally resides;
68	68	(5) engaging in conduct directed specifically toward a
69	69	person who is a person protected by an order or a member of the
70	70	family or household of a person protected by an order, including
71	71	following the person, that is reasonably likely to harass, annoy,
72	72	alarm, abuse, torment, or embarrass the person;
73	73	(6) possessing a firearm, unless the person is a peace
74	74	officer, as defined by Section 1.07, Penal Code, actively engaged
75	75	in employment as a sworn, full-time paid employee of a state agency
76	76	or political subdivision; and
77	77	(7) harming, threatening, or interfering with the
78	78	care, custody, or control of a pet, companion animal, or assistance
79	79	animal, as defined by Section 121.002, Human Resources Code, that
80	80	is possessed by or is in the actual or constructive care of a person
81	81	protected by an order or by a member of the family or household of a
82	82	person protected by an order.
83	83	SECTION 3. Section 25.07, Penal Code, is amended by adding
84	84	Subsection (a-1) to read as follows:
85	85	(a-1) For purposes of Subsection (a)(5), possession of a
86	86	pet, companion animal, or assistance animal by a person means:
87	87	(1) actual care, custody, control, or management of a
88	88	pet, companion animal, or assistance animal by the person; or
89	89	(2) constructive possession of a pet, companion
90	90	animal, or assistance animal owned by the person or for which the
91	91	person has been the primary caregiver.
92	92	SECTION 4. The changes in law made by this Act to Sections
93	93	85.021 and 85.022, Family Code, apply only to a protective order
94	94	rendered on or after the effective date of this Act. A protective
95	95	order rendered before the effective date of this Act is governed by
96	96	the law in effect on the date the protective order was rendered, and
97	97	the former law is continued in effect for that purpose.
98	98	SECTION 5. The change in law made by this Act to Section
99	99	25.07, Penal Code, applies only to an offense committed on or after
100	100	the effective date of this Act. An offense committed before the
101	101	effective date of this Act is covered by the law in effect when the
102	102	offense was committed, and the former law is continued in effect for
103	103	that purpose. For purposes of this section, an offense was
104	104	committed before the effective date of this Act if any element of
105	105	the offense was committed before that date.
106	106	SECTION 6. This Act takes effect September 1, 2013.