By: Neave, et al. (Senate Sponsor - Zaffirini)	H.B. No. 39
	(In the Senate - Received from the House April 12, 2021;
	April 13, 2021, read first time and referred to Committee on
	Criminal Justice; May 17, 2021, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 7, Nays 0;
	May 17, 2021, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 39	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to protective orders; making conforming changes.
	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.  Section 85.025, Family Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  If the duration of a protective order is subject to an
	automatic extension under Subsection (c), the Department of Public
	Safety shall, based on the duration of the sentence of the person
	subject to the protective order, enter the projected expiration
	date of the order in the statewide law enforcement information
	system maintained by the department. On release of the person, the
	department shall update the information in the statewide law
	enforcement system to reflect the date the order will expire
	following the person's release.
	SECTION 4.  Section 85.026(a), Family Code, is amended to
	read as follows:
	(a)  Each protective order issued under this subtitle,
	including a temporary ex parte order, must contain the following
	prominently displayed statements in boldfaced type, capital
	letters, or underlined:
	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
	UNLESS A COURT CHANGES THE ORDER."
	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN 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, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
	FIREARM OR AMMUNITION."
	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
	"(1)  THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
	"(2)  THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
	FOR AT LEAST TWO YEARS."
	SECTION 5.  Section 86.0011(a), Family Code, is amended to
	read as follows:
	(a)  On receipt of an original or modified protective order
	from the clerk of the issuing court, or on receipt of information
	pertaining to the date of confinement or imprisonment or date of
	release of a person subject to the protective order, a law
	enforcement agency shall immediately, but not later than the third
	business day after the date the order or information is received,
	enter the information required by Section 411.042(b)(6),
	Government Code, into the statewide law enforcement information
	system maintained by the Department of Public Safety.
	SECTION 6.  Article 7B.001(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 subchapter 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, including a parent or guardian, who is
	acting on behalf of a victim described by Subdivision (1), if the
	victim is younger than 18 years of age or an adult ward [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 7.  Article 7B.001, Code of Criminal Procedure, is
	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
	Legislature, Regular Session, 2019, by adding Subsections (a-1) and
	(a-2) and is further amended to read as follows:
	(a-1)  Except as provided by Subsection (a-2), if an
	application has not yet been filed in the case under Subsection (a),
	the attorney representing the state shall promptly file an
	application for a protective order with respect to each victim of an
	offense listed in Subdivision (1) of that subsection following the
	offender's conviction of or placement on deferred adjudication
	community supervision for the offense.
	(a-2)  The attorney representing the state may not file an
	application under Subsection (a-1) with respect to a victim if the
	victim requests that the attorney representing the state not file
	the application. This subsection does not apply to a victim who is
	younger than 18 years of age or who is an adult ward.
	SECTION 8.  Article 7B.003, Code of Criminal Procedure, is
	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
	Legislature, Regular Session, 2019, by adding Subsection (c) and is
	further amended to read as follows:
	(c)  An offender's conviction of or placement on deferred
	adjudication community supervision for an offense listed in Article
	7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
	SECTION 9.  Article 7B.007, Code of Criminal Procedure, is
	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
	Legislature, Regular Session, 2019, by adding Subsection (a-1) and
	is further amended to read as follows:
	(a-1)  The court shall issue a protective order effective for
	the duration of the lives of the offender and victim if the offender
	is:
	(1)  convicted of or placed on deferred adjudication
	community supervision for an offense listed in Article
	7B.001(a)(1); and
	(2)  required under Chapter 62 to register for life as a
	sex offender.
	SECTION 10.  Article 7B.007, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (b-1) 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
	7B.001(a)(1) who is 18 [17] years of age or older;
	(2)  subject to Subsection (b-1), [or] a parent or
	guardian acting on behalf of a victim of an offense listed in
	Article 7B.001(a)(1) who is younger than 18 [17] years of age or an
	adult ward; or
	(3)  a person not otherwise described by Subdivision
	(1) or (2) who filed the application for the protective order.
	(b-1)  A [(2)  a victim of an offense listed in Article
	7B.001(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 11.  Article 56A.052(d), Code of Criminal Procedure,
	is amended to read as follows:
	(d)  This subsection applies only to a victim of an offense
	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
	or 43.05, Penal Code.  A victim described by this subsection or a
	parent or guardian of the victim, if the victim is younger than 18
	years of age or an adult ward, is entitled to the following rights
	within the criminal justice system:
	(1)  the right to be informed:
	(A)  that the victim or, if the victim is younger
	than 18 years of age or an adult ward, the victim's parent or
	guardian or another adult acting on the victim's behalf[, as
	applicable,] may file an application for a protective order under
	Article 7B.001;
	(B)  of the court in which the application for a
	protective order may be filed; [and]
	(C)  that, on request of the victim or, if the
	victim is younger than 18 years of age or an adult ward, on request
	of the victim's parent or guardian or another adult acting on the
	victim's behalf, [as applicable, and subject to the Texas
	Disciplinary Rules of Professional Conduct,] the attorney
	representing the state may, subject to the Texas Disciplinary Rules
	of Professional Conduct, file the application for a protective
	order on behalf of the requestor [victim]; and
	(D)  that, subject to the Texas Disciplinary Rules
	of Professional Conduct, the attorney representing the state
	generally is required to file the application for a protective
	order with respect to the victim if the defendant is convicted of or
	placed on deferred adjudication community supervision for the
	offense;
	(2)  the right to:
	(A)  request that the attorney representing the
	state, subject to the Texas Disciplinary Rules of Professional
	Conduct, file an application for a protective order described by
	Subdivision (1); and
	(B)  be notified when the attorney representing
	the state files an application for a protective order under Article
	7B.001;
	(3)  if the victim or the victim's parent or guardian,
	as applicable, is present when the defendant is convicted or placed
	on deferred adjudication community supervision, the right to:
	(A)  be given by the court the information
	described by Subdivision (1); and
	(B)  file an application for a protective order
	under Article 7B.001 immediately following the defendant's
	conviction or placement on deferred adjudication community
	supervision if the court has jurisdiction over the application; and
	(4)  if the victim or the victim's parent or guardian,
	as applicable, is not present when the defendant is convicted or
	placed on deferred adjudication community supervision, the right to
	be given by the attorney representing the state the information
	described by Subdivision (1).
	SECTION 12.  Section 25.07, Penal Code, is amended by
	amending Subsection (g) and adding Subsection (h) to read as
	follows:
	(g)  An offense under this section is a Class A misdemeanor,
	except the offense is:
	(1)  subject to Subdivision (2), a state jail felony if
	it is shown at the trial of the offense that the defendant violated
	an order issued under Subchapter A, Chapter 7B [as a result of an
	application filed under Article 7A.01(a-1)], Code of Criminal
	Procedure, following the defendant's conviction of or placement on
	deferred adjudication community supervision for an offense, if the
	order was issued with respect to a victim of that offense; or
	(2)  a felony of the third degree if it is shown on the
	trial of the offense that the defendant:
	(A)  has previously been convicted two or more
	times of an offense under this section or two or more times of an
	offense under Section 25.072, or has previously been convicted of
	an offense under this section and an offense under Section 25.072;
	or
	(B)  has violated the order or condition of bond
	by committing an assault or the offense of stalking.
	(h)  For purposes of Subsection (g), a conviction under the
	laws of another state for an offense containing elements that are
	substantially similar to the elements of an offense under this
	section or Section 25.072 is considered to be a conviction under
	this section or Section 25.072, as applicable.
	SECTION 13.  The following provisions are repealed:
	(1)  Section 1, Chapter 1066 (H.B. 1343), Acts of the
	86th Legislature, Regular Session, 2019, which amended Article
	7A.01, Code of Criminal Procedure;
	(2)  Section 2, Chapter 1066 (H.B. 1343), Acts of the
	86th Legislature, Regular Session, 2019, which amended Article
	7A.03, Code of Criminal Procedure; and
	(3)  Section 3, Chapter 1066 (H.B. 1343), Acts of the
	86th Legislature, Regular Session, 2019, which amended Article
	7A.07, Code of Criminal Procedure.
	SECTION 14.  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 15.  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 16.  Sections 85.025, 85.026, and 86.0011, Family
	Code, as amended by this Act, apply only to a protective order
	issued on or after the effective date of this Act.
	SECTION 17.  Subchapter A, Chapter 7B, 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 18.  Article 56A.052(d), Code of Criminal Procedure,
	as amended by this Act, applies to a victim of criminally injurious
	conduct for which a judgment of conviction is entered or a grant of
	deferred adjudication community supervision is made on or after the
	effective date of this Act, regardless of whether the criminally
	injurious conduct occurred before, on, or after the effective date
	of this Act.
	SECTION 19.  To the extent of any conflict, this Act prevails
	over another Act of the 87th Legislature, Regular Session, 2021,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 20.  This Act takes effect September 1, 2021.
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