SECTION 7.002. (a) The changes made by this section
are to correct references to Section 71.01, Family
Code.
(b) Section 85.001(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Family" has the meaning assigned by Section 71.003
[71.01], Family Code.
(c) Article 5.02, Code of Criminal Procedure, is amended
to read as follows:
Art. 5.02. DEFINITIONS. In this chapter, "family violence,"
"family," "household," and "member of a household"
have the meanings assigned by Chapter 71 [Section
71.01], Family Code.
(d) Article 14.03(f), Code of Criminal Procedure, is
amended to read as follows:
(f) In this article, "family," "household," and "member
of a household" have the meanings assigned to those
terms by Chapter 71 [Section 71.01],
Family Code.
(e) Article 17.29(d), Code of Criminal Procedure, is
amended to read as follows:
(d) In this article, "family violence" has the meaning
assigned by Section 71.004 [71.01],
Family Code.
(f) Article 17.291(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In this article:
(1) "family violence" has the meaning assigned to that
phrase by Section 71.004 [71.01(b)(2)],
Family Code; and
(2) "magistrate" has the meaning assigned to it by
Article 2.09 of this code[, as amended by Chapters
25, 79, 916, and 1068, Acts of the 71st Legislature,
Regular Session, 1989].
(g) Article 38.36(b), Code of Criminal Procedure, is
amended to read as follows:
(b) In a prosecution for murder, if a defendant raises
as a defense a justification provided by Section 9.31,
9.32, or 9.33, Penal Code, the defendant, in order
to establish the defendant's reasonable belief that
use of force or deadly force was immediately necessary,
shall be permitted to offer:
(1) relevant evidence that the defendant had been the
victim of acts of family violence committed by the
deceased, as family violence is defined by Section
71.004 [71.01], Family Code;
and
(2) relevant expert testimony regarding the condition
of the mind of the defendant at the time of the offense,
including those relevant facts and circumstances relating
to family violence that are the basis of the expert's
opinion.
(h) Article 42.013, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial
of an offense under Title 5, Penal Code, if the court
determines that the offense involved family violence,
as defined by Section 71.004 [71.01],
Family Code, the court shall make an affirmative finding
of that fact and enter the affirmative finding in the
judgment of the case.
(i) Sections 1(3), (4), and (6), Article 42.141, Code
of Criminal Procedure, are amended to read as follows:
(3) "Family" has the meaning assigned by Section 71.003
[71.01], Family Code.
(4) "Family violence" has the meaning assigned by Section
71.004 [71.01], Family Code.
(6) "Household" has the meaning assigned by Section
71.005 [71.01], Family Code.
(j) Article 42.21(c), Code of Criminal Procedure, is
amended to read as follows:
(c) In this article, "family violence" has the meaning
assigned by Section 71.004 [71.01],
Family Code.
(k) Article 56.11(g), Code of Criminal Procedure, is
amended to read as follows:
(g) In this article:
(1) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(2) "Family violence" has the meaning assigned by Section
71.004 [71.01], Family Code.
(l) Article 59.05(c), Code of Criminal Procedure, is
amended to read as follows:
(c) It is an affirmative defense to forfeiture under
this chapter of property belonging to the spouse of
a person whose acts gave rise to the seizure of community
property that, because of an act of family violence,
as defined by Section 71.004 [71.01],
Family Code, the spouse was unable to prevent the act
giving rise to the seizure.
(m) Section 262.102(c), Family Code, is amended to
read as follows:
(c) If, based on the recommendation of or a request
by the department, the court finds that child abuse
or neglect has occurred and that the child requires
protection from family violence by a member of the
child's family or household, the court shall render
a temporary order under Chapter 71 for the protection
of the child. In this subsection, "family violence"
has the meaning assigned by Section 71.004 [71.01].
(n) Section 25.2223(l), Government Code, is amended
to read as follows:
(l) The County Criminal Court No. 5 of Tarrant County
shall give preference to cases brought under Title
5, Penal Code, involving family violence as defined
by Section 71.004 [71.01],
Family Code, and cases brought under Sections 25.07
and 42.072, Penal Code.
(o) Section 92.010(b), Property Code, is amended to
read as follows:
(b) A landlord may allow an occupancy rate of more
than three adult tenants per bedroom:
(1) to the extent that the landlord is required by
a state or federal fair housing law to allow a higher
occupancy rate; or
(2) if an adult whose occupancy causes a violation
of Subsection (a) is seeking temporary sanctuary from
family violence, as defined by Section 71.004
[71.01], Family Code, for a period
that does not exceed one month.
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ARTICLE 10A. INSURANCE CODE UPDATE
PART 1. CHANGES RELATING TO TITLE
2, INSURANCE CODE
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SECTION 10A.541. Section 35.01(4), Penal Code, is amended
to read as follows:
(4) "Insurer" means a person who engages in the business
of insurance in this state, including:
(A) an insurer that is not authorized to do business
in this state;
(B) a health maintenance organization;
(C) a group hospital service corporation regulated
under Chapter 842 [20], Insurance
Code; and
(D) any person who self-insures and provides health
care benefits to the person's employees.
[Some ARTICLES and SECTIONS are omitted from website. The full text is available at
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ARTICLE 14B. CHANGES RELATING TO
PENAL CODE
SECTION 14B.001. Section 30.05(b)(3), Penal Code, is
amended to correct a reference to read as follows:
(3) "Shelter center" has the meaning assigned by Section
51.002 [51.002(1)], Human Resources
Code.
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ARTICLE 19. EFFECTIVE DATE
SECTION 19.001. This Act takes effect September 1,
2003.