| 1 | 1 | | 86R3044 JSC-F |
|---|
| 2 | 2 | | By: Farrar H.B. No. 3567 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to protective orders. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 85.005(a) and (b), Family Code, are |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | (a) To facilitate settlement, the parties to a proceeding |
|---|
| 12 | 12 | | may agree in writing to [the terms of] a protective order as |
|---|
| 13 | 13 | | provided by Sections [Section] 85.021 and 85.022. An agreement |
|---|
| 14 | 14 | | under this subsection is subject to the approval of the court. The |
|---|
| 15 | 15 | | court may not approve an agreement that requires the applicant for |
|---|
| 16 | 16 | | the protective order to do or refrain from doing an act under |
|---|
| 17 | 17 | | Section 85.022. |
|---|
| 18 | 18 | | (b) An [To facilitate settlement, a respondent may agree in |
|---|
| 19 | 19 | | writing to the terms of a protective order as provided by Section |
|---|
| 20 | 20 | | 85.022, subject to the approval of the court. The court may not |
|---|
| 21 | 21 | | approve an agreement that requires the applicant to do or refrain |
|---|
| 22 | 22 | | from doing an act under Section 85.022. The] agreed protective |
|---|
| 23 | 23 | | order is enforceable civilly or criminally, regardless of whether |
|---|
| 24 | 24 | | the court makes the findings required by Section 85.001. |
|---|
| 25 | 25 | | SECTION 2. Section 85.006(a), Family Code, is amended to |
|---|
| 26 | 26 | | read as follows: |
|---|
| 27 | 27 | | (a) Notwithstanding Rule 107, Texas Rules of Civil |
|---|
| 28 | 28 | | Procedure, a [A] court may render a protective order that is binding |
|---|
| 29 | 29 | | on a respondent who does not attend a hearing if: |
|---|
| 30 | 30 | | (1) the respondent received service of the application |
|---|
| 31 | 31 | | and notice of the hearing; and |
|---|
| 32 | 32 | | (2) proof of service was filed with the court before |
|---|
| 33 | 33 | | the hearing. |
|---|
| 34 | 34 | | SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is |
|---|
| 35 | 35 | | amended to read as follows: |
|---|
| 36 | 36 | | (a) The following persons may file an application for a |
|---|
| 37 | 37 | | protective order under this chapter without regard to the |
|---|
| 38 | 38 | | relationship between the applicant and the alleged offender: |
|---|
| 39 | 39 | | (1) a person who is the victim of an offense under |
|---|
| 40 | 40 | | Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072, |
|---|
| 41 | 41 | | or 43.05, Penal Code; |
|---|
| 42 | 42 | | (2) any adult acting on behalf of a child or on behalf |
|---|
| 43 | 43 | | of an adult ward who is the victim of an offense listed in |
|---|
| 44 | 44 | | Subdivision (1) [a person who is the victim of an offense under |
|---|
| 45 | 45 | | Section 20A.02, 20A.03, or 43.05, Penal Code]; or |
|---|
| 46 | 46 | | (3) [a parent or guardian acting on behalf of a person |
|---|
| 47 | 47 | | younger than 17 years of age who is the victim of an offense listed |
|---|
| 48 | 48 | | in Subdivision (1); |
|---|
| 49 | 49 | | [(4) a parent or guardian acting on behalf of a person |
|---|
| 50 | 50 | | younger than 18 years of age who is the victim of an offense listed |
|---|
| 51 | 51 | | in Subdivision (2); or |
|---|
| 52 | 52 | | [(5)] a prosecuting attorney acting on behalf of a |
|---|
| 53 | 53 | | person described by Subdivision (1) or [,] (2)[, (3), or (4)]. |
|---|
| 54 | 54 | | SECTION 4. Article 7A.07, Code of Criminal Procedure, is |
|---|
| 55 | 55 | | amended by amending Subsection (b) and adding Subsection (c) to |
|---|
| 56 | 56 | | read as follows: |
|---|
| 57 | 57 | | (b) The following persons may file at any time an |
|---|
| 58 | 58 | | application with the court to rescind the protective order: |
|---|
| 59 | 59 | | (1) a victim of an offense listed in Article |
|---|
| 60 | 60 | | 7A.01(a)(1) who is 18 [17] years of age or older; |
|---|
| 61 | 61 | | (2) subject to Subsection (c), [or] a parent or |
|---|
| 62 | 62 | | guardian acting on behalf of a victim of an offense listed in |
|---|
| 63 | 63 | | Article 7A.01(a)(1) who is younger than 18 [17] years of age; or |
|---|
| 64 | 64 | | (3) the person who filed the application for the |
|---|
| 65 | 65 | | protective order. |
|---|
| 66 | 66 | | (c) A [(2) a victim of an offense listed in Article |
|---|
| 67 | 67 | | 7A.01(a)(2) or a] parent or guardian may not file an application to |
|---|
| 68 | 68 | | rescind the protective order under Subsection (b)(2) if the parent |
|---|
| 69 | 69 | | or guardian is the alleged offender subject to the protective order |
|---|
| 70 | 70 | | [acting on behalf of a victim who is younger than 18 years of age]. |
|---|
| 71 | 71 | | SECTION 5. Section 85.005, Family Code, as amended by this |
|---|
| 72 | 72 | | Act, applies only to a protective order approved by the court on or |
|---|
| 73 | 73 | | after the effective date of this Act. |
|---|
| 74 | 74 | | SECTION 6. Section 85.006, Family Code, as amended by this |
|---|
| 75 | 75 | | Act, applies only to a protective order for which the respondent |
|---|
| 76 | 76 | | receives service on or after the effective date of this Act. |
|---|
| 77 | 77 | | SECTION 7. Chapter 7A, Code of Criminal Procedure, as |
|---|
| 78 | 78 | | amended by this Act, applies only to a protective order for which an |
|---|
| 79 | 79 | | application is filed on or after the effective date of this Act. |
|---|
| 80 | 80 | | SECTION 8. This Act takes effect September 1, 2019. |
|---|