| 1 | 1 | | 89R3682 AMF-F |
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| 2 | 2 | | By: Dutton H.B. No. 2288 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an affirmative defense by the respondent to an |
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| 10 | 10 | | application for a protective order. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 82, Family Code, is |
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| 13 | 13 | | amended by adding Section 82.023 to read as follows: |
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| 14 | 14 | | Sec. 82.023. AFFIRMATIVE DEFENSE. (a) A respondent to an |
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| 15 | 15 | | application for a protective order may plead as an affirmative |
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| 16 | 16 | | defense that family violence is not likely to occur in the future. |
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| 17 | 17 | | (b) A respondent has the burden of proving an affirmative |
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| 18 | 18 | | defense under Subsection (a) by a preponderance of the evidence. |
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| 19 | 19 | | SECTION 2. Section 85.001(b), Family Code, is amended to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | (b) If the court finds that family violence has occurred, |
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| 22 | 22 | | the court: |
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| 23 | 23 | | (1) shall render a protective order as provided by |
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| 24 | 24 | | Section 85.022 applying only to a person found to have committed |
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| 25 | 25 | | family violence, unless the person establishes an affirmative |
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| 26 | 26 | | defense as provided by Section 82.023; and |
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| 27 | 27 | | (2) may render a protective order as provided by |
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| 28 | 28 | | Section 85.021 applying to both parties that is in the best interest |
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| 29 | 29 | | of the person protected by the order or member of the family or |
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| 30 | 30 | | household of the person protected by the order. |
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| 31 | 31 | | SECTION 3. Section 82.023, Family Code, as added by this |
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| 32 | 32 | | Act, applies to an application for a protective order that is filed |
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| 33 | 33 | | on or after the effective date of this Act. An application for a |
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| 34 | 34 | | protective order filed before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the application is filed, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2025. |
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