Bill Text: TX HB1817 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to protective orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-03 - Referred to Judiciary & Civil Jurisprudence [HB1817 Detail]
Download: Texas-2011-HB1817-Introduced.html
By: Gonzalez | H.B. No. 1817 |
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relating to protective orders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 84, Family Code, is amended by adding | ||
Section 84.006 to read as follows: | ||
Sec. 84.006. DISCOVERY PROHIBITED. The court shall not | ||
permit discovery for a hearing on an application for a protective | ||
order filed under this title, regardless of whether the hearing | ||
under this chapter is continued or postponed. | ||
SECTION 2. Section 85.005(a), Family Code, is amended to | ||
read as follows: | ||
(a) To facilitate settlement, the parties to a proceeding | ||
may agree in writing to the terms of a protective order as provided | ||
by Section 85.021. An agreement under this subsection is subject to | ||
the approval of the court. A court shall render an agreed | ||
protective order under this subsection without making a finding of | ||
family violence. | ||
SECTION 3. 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, | ||
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. | ||
SECTION 4. Section 85.024(a), Family Code, is amended to | ||
read as follows: | ||
(a) A person found to have engaged in family violence who is | ||
ordered to attend a program or counseling under Section | ||
85.022(a)(1), (2), or (3) shall file with the court an affidavit | ||
before the 60th day after the date the order was rendered stating | ||
either that the person has begun the program or counseling or that a | ||
program or counseling is not available within a reasonable distance | ||
from the person's residence. A person who files an affidavit that | ||
the person has begun the program or counseling shall file with the | ||
court before the date the protective order expires a statement that | ||
the person completed the program or counseling not later than the | ||
30th day before the expiration date of the protective order or the | ||
30th day before the first anniversary of the date the protective | ||
order was issued, whichever date is earlier. An affidavit under | ||
this subsection must be accompanied by a letter, notice, or | ||
certificate from the program or counselor that verifies the | ||
person's completion of the program or counseling. A person who | ||
fails to comply with this subsection may be punished for contempt of | ||
court under Section 21.002, Government Code, on the motion of a | ||
party or on the court's own motion. | ||
SECTION 5. Section 201.005(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by this section, a judge of a court | ||
may refer to an associate judge any aspect of a suit over which the | ||
court has jurisdiction under this title or Title 1, [ |
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any matter ancillary to the suit. | ||
SECTION 6. Chapter 85, Family Code, is amended by adding | ||
Section 85.010 to read as follows: | ||
Sec. 85.010. DE NOVO HEARING PROHIBITED. A respondent who | ||
has been issued a protective order by a court subject to Section | ||
85.021 shall not have the right to a de novo hearing to appeal a | ||
protective order issued under this title. | ||
SECTION 7. The changes in law made by this Act apply to an | ||
application for a protective order filed on or after the effective | ||
date of this Act. An application for a protective order filed | ||
before the effective date of this Act is covered by the law in | ||
effect on the date the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2011. |