Texas Senate Bill SB130

Texas 2013 - 83rd Regular

• Filed: 11/27/12

Caption

Relating to representation by prosecuting attorneys in proceedings for protective orders against family violence and in certain other actions.

Impact

The enactment of SB 130 is poised to impact state laws significantly, particularly in family violence cases where protective orders are sought. By enabling prosecuting attorneys to represent parties in a broader range of contexts, the bill aims to ensure that victims of family violence receive consistent legal support. The law helps to streamline the prosecutorial process and enhances the protection that can be afforded to victims by reducing potential gaps in legal representation between different actions against family violence.

Summary

Senate Bill 130 addresses the issue of legal representation by prosecuting attorneys in cases relating to protective orders against family violence. Specifically, it amends Section 81.0075 of the Texas Family Code to clarify that a prosecuting attorney is permitted to represent a party involved in a protective order proceeding, as well as the Department of Family and Protective Services in a subsequent legal action. This provision allows for a continuity of representation in cases involving the same party, regardless of the timing of the proceedings.

Conclusion

Overall, SB 130 is an important legislative measure that aims to improve the legal framework surrounding family violence protection efforts in Texas. Its passage highlights a legislative commitment to supporting victims while also addressing the legal complexities that can arise in multi-action cases. The law reflects an ongoing effort to enhance the legal tools available to prosecutors and ensure that victims receive the support they need in navigating the legal system.

Contention

While the bill passed without opposition—evidenced by a 143-0 vote in the House—the discussions around its implications may have raised concerns about the ethical boundaries of legal representation. The amendment emphasizes that representation must comply with the Texas Disciplinary Rules of Professional Conduct, indicating that there are safeguards in place to manage potential conflicts of interest. However, the bill's immediate implications for how family violence cases are prosecuted might invite further scrutiny regarding the balance between effective legal representation and ethical standards.