85R2540 JSC-D
By: Phelan H.B. No. 289
A BILL TO BE ENTITLED
AN ACT
relating to protective orders for certain children who are victims
of abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 261, Family Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN
CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
application for a protective order for a child's protection under
this subchapter on the department's own initiative or jointly with
a parent, relative, or caregiver of the child who requests the
filing of the application if the department:
(1) determines that:
(A) the child is a victim of abuse or neglect; and
(B) there is an immediate or continuing danger of
abuse or neglect to the child; and
(2) is not otherwise authorized to apply for a
protective order for the child's protection under Chapter 82.
Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the
application under this subchapter, the department must certify
that:
(1) the department has diligently searched for and:
(A) was unable to locate the child's parent,
legal guardian, or custodian, other than the respondent to the
application; or
(B) located and provided notice of the proposed
application to the child's parent, legal guardian, or custodian,
other than the respondent to the application; and
(2) if applicable, the relative or caregiver who is
jointly filing the petition, or with whom the child would reside
following an entry of the protective order, has not abused or
neglected the child and does not have a history of abuse or neglect.
(b) An application for a temporary ex parte order under
Section 261.503 may be filed without making the findings required
by Subsection (a) if the department certifies that the department
believes that there is an immediate danger of abuse or neglect to
the child.
Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is an immediate danger of abuse or neglect to the
child, the court, without further notice to the respondent and
without a hearing, may enter a temporary ex parte order for the
protection of the child.
Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that the child is
the victim of abuse or neglect and that there is an immediate or
continuing danger of abuse or neglect to the child.
(b) If the court makes an affirmative finding under
Subsection (a), the court shall issue a protective order that
includes a statement of that finding.
Sec. 261.505. APPLICATION OF OTHER LAW. To the extent
applicable, except as otherwise provided by this subchapter, Title
4 applies to a protective order issued under this subchapter.
SECTION 2. The heading to Section 25.07, Penal Code, is
amended to read as follows:
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 3. Section 25.07(a), 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, sexual assault or abuse,
stalking, or trafficking case and related to the safety of a victim
or the safety of the community, an order issued under Chapter 7A,
Code of Criminal Procedure, 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 Subchapter F, Chapter 261, 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 20A.02, 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;
(4) possesses a firearm;
(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 or
condition of bond; or
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system.
SECTION 4. The heading to Section 25.072, Penal Code, is
amended to read as follows:
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 5. This Act takes effect September 1, 2017.