83R7600 KKA-F
	By: Laubenberg	H.B. No. 1469

	A BILL TO BE ENTITLED
	AN ACT
	relating to provisions in protective orders regarding pets and
	other companion animals; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 85.021, Family Code, is amended to read
	as follows:
	Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY
	PARTY.  In a protective order, the court may:
	(1)  prohibit a party from:
	(A)  removing a child who is a member of the family
	or household from:
	(i)  the possession of a person named in the
	order; or
	(ii)  the jurisdiction of the court;
	(B)  transferring, encumbering, or otherwise
	disposing of property, other than in the ordinary course of
	business, that is mutually owned or leased by the parties; or
	(C)  removing a pet, companion animal, or
	assistance animal, as defined by Section 121.002, Human Resources
	Code, from the possession or actual or constructive care of a person
	named in the order;
	(2)  grant exclusive possession of a residence to a
	party and, if appropriate, direct one or more parties to vacate the
	residence if the residence:
	(A)  is jointly owned or leased by the party
	receiving exclusive possession and a party being denied possession;
	(B)  is owned or leased by the party retaining
	possession; or
	(C)  is owned or leased by the party being denied
	possession and that party has an obligation to support the party or
	a child of the party granted possession of the residence;
	(3)  provide for the possession of and access to a child
	of a party if the person receiving possession of or access to the
	child is a parent of the child;
	(4)  require the payment of support for a party or for a
	child of a party if the person required to make the payment has an
	obligation to support the other party or the child; or
	(5)  award to a party the use and possession of
	specified property that is community property or jointly owned or
	leased property.
	SECTION 2.  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
	or a member of the family or household of 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;
	(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; and
	(7)  harming, threatening, or interfering with the
	care, custody, or control of a pet, companion animal, or assistance
	animal, as defined by Section 121.002, Human Resources Code, that
	is possessed by or is in the actual or constructive care of a person
	protected by an order or by a member of the family or household of a
	person protected by an order.
	SECTION 3.  Section 25.07, Penal Code, is amended by adding
	Subsection (a-1) to read as follows:
	(a-1)  For purposes of Subsection (a)(5), possession of a
	pet, companion animal, or assistance animal by a person means:
	(1)  actual care, custody, control, or management of a
	pet, companion animal, or assistance animal by the person; or
	(2)  constructive possession of a pet, companion
	animal, or assistance animal owned by the person or for which the
	person has been the primary caregiver.
	SECTION 4.  The changes in law made by this Act to Sections
	85.021 and 85.022, Family Code, apply only to a protective order
	rendered on or after the effective date of this Act. A protective
	order rendered before the effective date of this Act is governed by
	the law in effect on the date the protective order was rendered, and
	the former law is continued in effect for that purpose.
	SECTION 5.  The change in law made by this Act to Section
	25.07, Penal Code, applies only to an offense committed on or after
	the effective date of this Act. An offense committed before the
	effective date of this Act is covered by the law in effect when the
	offense was committed, and the former law is continued in effect for
	that purpose. For purposes of this section, an offense was
	committed before the effective date of this Act if any element of
	the offense was committed before that date.
	SECTION 6.  This Act takes effect September 1, 2013.