88R8001 AMF-D
By: Manuel, Rose, Morales of Harris, H.B. No. 2095
Johnson of Dallas
A BILL TO BE ENTITLED
AN ACT
relating to the restrictions that may be included in a protective
order on a person found to have committed family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 84, Family Code, is amended by adding
Section 84.007 to read as follows:
Sec. 84.007. NOTICE TO APPLICANT REGARDING RESTRICTIONS
AVAILABLE UNDER PROTECTIVE ORDER. In a hearing on an application
for a protective order, if the applicant has alleged that family
violence has occurred, the court shall:
(1) inform the applicant of the restrictions that the
court may impose in a protective order on a person found to have
committed family violence, including by specifically discussing
with the applicant the location restrictions described by Sections
85.022(b)(3) and (4); and
(2) specifically ask the applicant if the applicant
wishes the court to include one or both of the location restrictions
described by Sections 85.022(b)(3) and (4) in the court's order if
the court finds that the respondent has committed family violence
and that family violence is likely to occur in the future.
SECTION 2. Section 85.022, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In determining whether to include in a protective
order the location restrictions described by Subsections (b)(3) and
(4), the court must consider any wishes expressed by the applicant
in response to the court's question to the applicant under Section
84.007(2) regarding the inclusion of those restrictions in the
court's order.
SECTION 3. Section 84.007, Family Code, as added by this
Act, applies to a hearing on an application for a protective order
held on or after the effective date of this Act regardless of the
date the application is filed.
SECTION 4. Section 85.022(b-1), Family Code, as added by
this Act, applies only to a protective order for which a hearing is
held on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.