89R2675 AMF-D
By: Dutton H.B. No. 2496
A BILL TO BE ENTITLED
AN ACT
relating to required findings for the issuance of a protective
order based on the commission of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.001, Family Code, is amended to read
as follows:
Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court
shall render a protective order as provided by Section 85.001(b) if
the court finds that family violence has occurred during the
two-year period preceding the filing of the application for the
protective order.
SECTION 2. Section 81.0015, Family Code, is amended to read
as follows:
Sec. 81.0015. PRESUMPTION. For purposes of this subtitle,
there is a presumption that family violence has occurred during the
two-year period preceding the filing of the application for the
protective order if:
(1) the respondent has been convicted of or placed on
deferred adjudication community supervision for any of the
following offenses against the child for whom the petition is filed
committed during that period:
(A) an offense under Title 5, Penal Code, for
which the court has made an affirmative finding that the offense
involved family violence under Article 42.013, Code of Criminal
Procedure; or
(B) an offense under Title 6, Penal Code; and
(2) the respondent's parental rights with respect to
the child have been terminated based on acts occurring during that
period.
SECTION 3. Sections 85.001(a) and (b), Family Code, are
amended to read as follows:
(a) At the close of a hearing on an application for a
protective order, the court shall find whether family violence has
occurred during the two-year period preceding the filing of the
application for the protective order.
(b) If the court finds that family violence has occurred
during the two-year period preceding the filing of the application
for the protective order, the court:
(1) shall render a protective order as provided by
Section 85.022 applying only to a person found to have committed
family violence; and
(2) may render a protective order as provided by
Section 85.021 applying to both parties that is in the best interest
of the person protected by the order or member of the family or
household of the person protected by the order.
SECTION 4. Section 85.025(a-1), Family Code, is amended to
read as follows:
(a-1) The court may render a protective order sufficient to
protect the applicant and members of the applicant's family or
household that is effective for a period that exceeds two years if
the court finds that the person who is the subject of the protective
order:
(1) committed an act constituting a felony offense
involving family violence against the applicant or a member of the
applicant's family or household during the two-year period
preceding the filing of the application for the protective order,
regardless of whether the person has been charged with or convicted
of the offense;
(2) caused serious bodily injury to the applicant or a
member of the applicant's family or household; or
(3) was the subject of two or more previous protective
orders rendered:
(A) to protect the person on whose behalf the
current protective order is sought; and
(B) after a finding by the court that the subject
of the protective order has committed family violence during the
two-year period preceding the filing of the application for the
protective order.
SECTION 5. The changes in law made by this Act apply only to
an application for a protective order 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 6. This Act takes effect September 1, 2025.