S.B. No. 48
AN ACT
relating to the issuance and effectiveness of protective orders,
magistrate's orders for emergency protection, and temporary ex
parte orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7B.001, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A person filing an application under this article shall
use the protective order application form created by the Office of
Court Administration of the Texas Judicial System under Section
72.039, Government Code, that is available on the office's Internet
website.
SECTION 2. Subchapter A, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.0021 to read as follows:
Art. 7B.0021. STANDARD TEMPORARY EX PARTE ORDER FORM. (a)
The court shall use the standardized temporary ex parte order form
created by the Office of Court Administration of the Texas Judicial
System under Section 72.039, Government Code, to issue a temporary
ex parte order under Article 7B.002.
(b) A court's failure to use the standardized temporary ex
parte order form as required under Subsection (a) does not affect
the validity or enforceability of the temporary ex parte order
issued.
SECTION 3. Article 7B.003, Code of Criminal Procedure, is
amended by adding Subsections (d) and (e) to read as follows:
(d) The court shall use the standardized protective order
form created by the Office of Court Administration of the Texas
Judicial System under Section 72.039, Government Code, to issue a
protective order under this article.
(e) A court's failure to use the standardized protective
order form as required under Subsection (d) does not affect the
validity or enforceability of the protective order issued.
SECTION 4. Article 17.292, Code of Criminal Procedure, is
amended by adding Subsections (d-1) and (d-2) to read as follows:
(d-1) The magistrate shall use the standardized order for
emergency protection form created by the Office of Court
Administration of the Texas Judicial System under Section 72.039,
Government Code, to issue an order for emergency protection under
this article.
(d-2) A magistrate's failure to use the standardized order
for emergency protection form as required under Subsection (d-1)
does not affect the validity or enforceability of the order for
emergency protection issued.
SECTION 5. Section 82.004, Family Code, is amended to read
as follows:
Sec. 82.004. FORM AND CONTENT [CONTENTS] OF APPLICATION. A
person filing an application under this chapter shall use the
protective order application form created by the Office of Court
Administration of the Texas Judicial System under Section 72.039,
Government Code, that is available on the office's Internet
website, and shall include in the application [An application must
state]:
(1) the name and county of residence of each
applicant;
(2) the name and county of residence of each
individual alleged to have committed family violence;
(3) the relationships between the applicants and the
individual alleged to have committed family violence;
(4) a request for one or more protective orders; and
(5) whether an applicant is receiving services from
the Title IV-D agency in connection with a child support case and,
if known, the agency case number for each open case.
SECTION 6. Chapter 83, Family Code, is amended by adding
Section 83.007 to read as follows:
Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM. (a)
The court shall use the standardized temporary ex parte order form
created by the Office of Court Administration of the Texas Judicial
System under Section 72.039, Government Code, to issue a temporary
ex parte order under this chapter.
(b) A court's failure to use the standardized temporary ex
parte order form as required under Subsection (a) does not affect
the validity or enforceability of the temporary ex parte order
issued.
SECTION 7. Subchapter B, Chapter 85, Family Code, is
amended by adding Section 85.0221 to read as follows:
Sec. 85.0221. STANDARD PROTECTIVE ORDER FORM. (a) The
court shall use the standardized protective order form created by
the Office of Court Administration of the Texas Judicial System
under Section 72.039, Government Code, to issue a protective order
under this chapter.
(b) A court's failure to use the standardized protective
order form as required under Subsection (a) does not affect the
validity or enforceability of the protective order issued.
SECTION 8. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.039 to read as follows:
Sec. 72.039. PROTECTIVE ORDER APPLICATIONS, FORMS, AND
MATERIALS. (a) The office shall develop and make available on the
office's Internet website standardized forms and other materials
necessary to apply for, issue, deny, revise, rescind, serve, and
enforce any of the following:
(1) a protective order under Title 4, Family Code, or
Subchapter A, Chapter 7B, Code of Criminal Procedure;
(2) a magistrate's order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(3) a temporary ex parte order under Chapter 83,
Family Code, or Article 7B.002, Code of Criminal Procedure.
(b) Each standardized form developed under Subsection (a)
to be used by a magistrate or court issuing an order must include:
(1) the prohibitions and requirements imposed on the
respondent;
(2) the duration of the order;
(3) the potential consequences of violating the order;
and
(4) any other admonishments or warnings required by
law.
(c) The materials developed under Subsection (a) must
include a procedure to ensure that a copy of the order is
transmitted to all required parties and all relevant information
required by Section 411.042(b)(6) is entered into the statewide law
enforcement information system maintained by the Department of
Public Safety under Section 411.042 and any other applicable
databases.
(d) In developing the required applications, forms, and
materials, the office shall:
(1) consult with individuals, organizations, and
state agencies that have knowledge and experience in the issues of
protective orders, including:
(A) the Texas Council on Family Violence;
(B) the Department of Public Safety;
(C) nonprofit organizations that advocate for
the survivors of sexual assault or family violence;
(D) individuals, organizations, and state
agencies that provide training to judges, prosecutors, and law
enforcement officers;
(E) the judges or justices of courts of varying
jurisdictions;
(F) law enforcement agencies;
(G) prosecutors; and
(H) an organization that receives federal
funding under the legal assistance for victims grant program and
that has expertise in issues related to family violence, sexual
assault, or stalking; and
(2) give consideration to promoting uniformity of law
among the states that enact the Uniform Interstate Enforcement of
Domestic Violence Protection Orders Act.
SECTION 9. (a) In this section:
(1) "Office" means the Office of Court Administration
of the Texas Judicial System.
(2) "Protective order" means any order that is issued
or rendered by a court and that prohibits a person from engaging in
certain specified conduct directed toward another person or
property, including:
(A) a protective order under Title 4, Family
Code;
(B) a temporary restraining order under Section
6.501, Family Code, or a protective order under Section 6.504,
Family Code;
(C) a magistrate's order for emergency
protection under Article 17.292, Code of Criminal Procedure; and
(D) a protective order under Subchapter A,
Chapter 7B, Code of Criminal Procedure.
(b) The office shall conduct a study on the effectiveness of
protective orders in protecting victims of violence in this state.
(c) Notwithstanding any other law, the Department of Public
Safety shall assist the office in conducting the study required by
this section by providing the office criminal history records at
the time and in the form requested by the office.
(d) The office shall create a report based on the study
conducted under this section. The report must include:
(1) an evaluation of the effectiveness of protective
orders in protecting victims of violence in this state by deterring
the person who is the subject of the order from engaging in the
conduct prohibited under those orders; and
(2) legislative recommendations on methods to improve
the enforcement of protective orders in this state.
(e) Not later than September 1, 2024, the office shall
submit the report required under Subsection (c) of this section to
the governor, lieutenant governor, speaker of the house of
representatives, and appropriate committees of the legislature.
(f) This section expires January 1, 2025.
SECTION 10. As soon as practicable after the effective date
of this Act, but not later than June 1, 2024, the Office of Court
Administration of the Texas Judicial System shall create and make
available on the office's Internet website all forms and materials
required by Section 72.039, Government Code, as added by this Act.
If the office completes the forms and materials required by Section
72.039, Government Code, as added by this Act, before June 1, 2024,
the office shall notify each court clerk, judge, magistrate, and
prosecution agency in the state of the availability of the forms and
materials.
SECTION 11. Article 7B.001, Code of Criminal Procedure, as
amended by this Act, and Section 82.004, Family Code, as amended by
this Act, apply only to an application for a protective order that
is filed on or after June 1, 2024. An application for a protective
order filed before June 1, 2024, 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 12. Articles 7B.003 and 17.292, Code of Criminal
Procedure, as amended by this Act, Article 7B.0021, Code of
Criminal Procedure, as added by this Act, and Sections 83.007 and
85.0221, Family Code, as added by this Act, apply only to a
protective order, magistrate's order for emergency protection, or
temporary ex parte order that is issued on or after June 1, 2024. An
order issued before June 1, 2024, is governed by the law in effect
on the date the order is issued, and the former law is continued in
effect for that purpose.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 48 passed the Senate on
April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 22, 2023, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 48 passed the House, with
amendment, on May 18, 2023, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor