| 1 | 1 | | 89R2675 AMF-D |
|---|
| 2 | 2 | | By: Dutton H.B. No. 2496 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to required findings for the issuance of a protective |
|---|
| 10 | 10 | | order based on the commission of family violence. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 81.001, Family Code, is amended to read |
|---|
| 13 | 13 | | as follows: |
|---|
| 14 | 14 | | Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court |
|---|
| 15 | 15 | | shall render a protective order as provided by Section 85.001(b) if |
|---|
| 16 | 16 | | the court finds that family violence has occurred during the |
|---|
| 17 | 17 | | two-year period preceding the filing of the application for the |
|---|
| 18 | 18 | | protective order. |
|---|
| 19 | 19 | | SECTION 2. Section 81.0015, Family Code, is amended to read |
|---|
| 20 | 20 | | as follows: |
|---|
| 21 | 21 | | Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
|---|
| 22 | 22 | | there is a presumption that family violence has occurred during the |
|---|
| 23 | 23 | | two-year period preceding the filing of the application for the |
|---|
| 24 | 24 | | protective order if: |
|---|
| 25 | 25 | | (1) the respondent has been convicted of or placed on |
|---|
| 26 | 26 | | deferred adjudication community supervision for any of the |
|---|
| 27 | 27 | | following offenses against the child for whom the petition is filed |
|---|
| 28 | 28 | | committed during that period: |
|---|
| 29 | 29 | | (A) an offense under Title 5, Penal Code, for |
|---|
| 30 | 30 | | which the court has made an affirmative finding that the offense |
|---|
| 31 | 31 | | involved family violence under Article 42.013, Code of Criminal |
|---|
| 32 | 32 | | Procedure; or |
|---|
| 33 | 33 | | (B) an offense under Title 6, Penal Code; and |
|---|
| 34 | 34 | | (2) the respondent's parental rights with respect to |
|---|
| 35 | 35 | | the child have been terminated based on acts occurring during that |
|---|
| 36 | 36 | | period. |
|---|
| 37 | 37 | | SECTION 3. Sections 85.001(a) and (b), Family Code, are |
|---|
| 38 | 38 | | amended to read as follows: |
|---|
| 39 | 39 | | (a) At the close of a hearing on an application for a |
|---|
| 40 | 40 | | protective order, the court shall find whether family violence has |
|---|
| 41 | 41 | | occurred during the two-year period preceding the filing of the |
|---|
| 42 | 42 | | application for the protective order. |
|---|
| 43 | 43 | | (b) If the court finds that family violence has occurred |
|---|
| 44 | 44 | | during the two-year period preceding the filing of the application |
|---|
| 45 | 45 | | for the protective order, the court: |
|---|
| 46 | 46 | | (1) shall render a protective order as provided by |
|---|
| 47 | 47 | | Section 85.022 applying only to a person found to have committed |
|---|
| 48 | 48 | | family violence; and |
|---|
| 49 | 49 | | (2) may render a protective order as provided by |
|---|
| 50 | 50 | | Section 85.021 applying to both parties that is in the best interest |
|---|
| 51 | 51 | | of the person protected by the order or member of the family or |
|---|
| 52 | 52 | | household of the person protected by the order. |
|---|
| 53 | 53 | | SECTION 4. Section 85.025(a-1), Family Code, is amended to |
|---|
| 54 | 54 | | read as follows: |
|---|
| 55 | 55 | | (a-1) The court may render a protective order sufficient to |
|---|
| 56 | 56 | | protect the applicant and members of the applicant's family or |
|---|
| 57 | 57 | | household that is effective for a period that exceeds two years if |
|---|
| 58 | 58 | | the court finds that the person who is the subject of the protective |
|---|
| 59 | 59 | | order: |
|---|
| 60 | 60 | | (1) committed an act constituting a felony offense |
|---|
| 61 | 61 | | involving family violence against the applicant or a member of the |
|---|
| 62 | 62 | | applicant's family or household during the two-year period |
|---|
| 63 | 63 | | preceding the filing of the application for the protective order, |
|---|
| 64 | 64 | | regardless of whether the person has been charged with or convicted |
|---|
| 65 | 65 | | of the offense; |
|---|
| 66 | 66 | | (2) caused serious bodily injury to the applicant or a |
|---|
| 67 | 67 | | member of the applicant's family or household; or |
|---|
| 68 | 68 | | (3) was the subject of two or more previous protective |
|---|
| 69 | 69 | | orders rendered: |
|---|
| 70 | 70 | | (A) to protect the person on whose behalf the |
|---|
| 71 | 71 | | current protective order is sought; and |
|---|
| 72 | 72 | | (B) after a finding by the court that the subject |
|---|
| 73 | 73 | | of the protective order has committed family violence during the |
|---|
| 74 | 74 | | two-year period preceding the filing of the application for the |
|---|
| 75 | 75 | | protective order. |
|---|
| 76 | 76 | | SECTION 5. The changes in law made by this Act apply only to |
|---|
| 77 | 77 | | an application for a protective order filed on or after the |
|---|
| 78 | 78 | | effective date of this Act. An application for a protective order |
|---|
| 79 | 79 | | filed before the effective date of this Act is governed by the law |
|---|
| 80 | 80 | | in effect on the date the application is filed, and the former law |
|---|
| 81 | 81 | | is continued in effect for that purpose. |
|---|
| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2025. |
|---|