Bill Text: TX SB801 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to protective orders.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB801 Detail]

Download: Texas-2019-SB801-Comm_Sub.html

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By: Rodríguez S.B. No. 801
(Farrar)

A BILL TO BE ENTITLED
AN ACT
relating to protective orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 85.005(a) and (b), Family Code, are
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 Sections [Section] 85.021 and 85.022. An agreement
under this subsection is subject to the approval of the court. The
court may not approve an agreement that requires the applicant for
the protective order to do or refrain from doing an act under
Section 85.022.
(b) An [To facilitate settlement, a respondent may agree in
writing to the terms of a protective order as provided by Section
85.022, subject to the approval of the court. The court may not
approve an agreement that requires the applicant to do or refrain
from doing an act under Section 85.022. The] agreed protective
order is enforceable civilly or criminally, regardless of whether
the court makes the findings required by Section 85.001.
SECTION 2. Section 85.006(a), Family Code, is amended to
read as follows:
(a) Notwithstanding Rule 107, Texas Rules of Civil
Procedure, a [A] court may render a protective order that is binding
on a respondent who does not attend a hearing if:
(1) the respondent received service of the application
and notice of the hearing; and
(2) proof of service was filed with the court before
the hearing.
SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) The following persons may file an application for a
protective order under this chapter without regard to the
relationship between the applicant and the alleged offender:
(1) a person who is the victim of an offense under
Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072,
or 43.05, Penal Code;
(2) any adult acting on behalf of a child or on behalf
of an adult ward who is the victim of an offense listed in
Subdivision (1) [a person who is the victim of an offense under
Section 20A.02, 20A.03, or 43.05, Penal Code]; or
(3) [a parent or guardian acting on behalf of a person
younger than 17 years of age who is the victim of an offense listed
in Subdivision (1);
[(4) a parent or guardian acting on behalf of a person
younger than 18 years of age who is the victim of an offense listed
in Subdivision (2); or
[(5)] a prosecuting attorney acting on behalf of a
person described by Subdivision (1) or[,] (2)[, (3), or (4)].
SECTION 4. Article 7A.07, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The following persons may file at any time an
application with the court to rescind the protective order:
(1) a victim of an offense listed in Article
7A.01(a)(1) who is 18 [17] years of age or older;
(2) subject to Subsection (c), [or] a parent or
guardian acting on behalf of a victim of an offense listed in
Article 7A.01(a)(1) who is younger than 18 [17] years of age; or
(3) the person who filed the application for the
protective order.
(c) A [(2) a victim of an offense listed in Article
7A.01(a)(2) or a] parent or guardian may not file an application to
rescind the protective order under Subsection (b)(2) if the parent
or guardian is the alleged offender subject to the protective order
[acting on behalf of a victim who is younger than 18 years of age].
SECTION 5. Section 85.005, Family Code, as amended by this
Act, applies only to a protective order approved by the court on or
after the effective date of this Act.
SECTION 6. Section 85.006, Family Code, as amended by this
Act, applies only to a protective order for which the respondent
receives service on or after the effective date of this Act.
SECTION 7. Chapter 7A, Code of Criminal Procedure, as
amended by this Act, applies only to a protective order for which an
application is filed on or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2019.