By: Cook H.B. No. 850
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a protective order by default.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 time set for the hearing.
SECTION 2. Section 85.006(a), Family Code, as amended by
this Act, applies only to an application for a protective order that
is filed on or after the effective date of this Act. An application
for a protective order filed before the effective date of this Act
is governed by the law in effect on the date the application is
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.