BILL ANALYSIS H.B. 793 By: Thompson Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE In 2023, the Texas Legislature passed S.B. 578, which addressed some of the need for privacy for survivors during the protective order process. Current law now authorizes, but does not require, a court to keep confidential the mailing address and county of residence of an applicant for a protective order on request of the applicant. However, the bill author has informed the committee that because the requested confidentiality is not mandatory, applicants who are fleeing family violence may be hesitant to seek protection from the court. H.B. 793 seeks to address this issue by removing a court's ability to reject an applicant's request for confidentiality during the protective order process, requiring the court to inform each person of their right to have information kept confidential on request, outlining the duties of the clerk to maintain a confidential record, and specifying the applicant's responsibilities. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 793 amends the Family Code regarding the confidentiality of certain personal information of an applicant for or a person protected by a protective order as follows: with respect to an application for a protective order, the bill replaces the authorization in current law for a court, on the applicant's request, to render an order prohibiting the release of the applicant's mailing address and county of residence to the respondent with a requirement for the court to render such an order; and with respect to the information that, under current law, may be excluded from a protective order on request by a person protected by the order or a member of the family or household of a person protected by an order: o the bill replaces the authorization for the court to exclude the information with a requirement for the court to exclude the information and further specifies that the member of the family or household who may make such a request is an adult member of the family or household; and o the bill requires a court, in the hearing on a protective order application, to inform each protected person or adult member of the family or household of such person who is present at the hearing of the protected person's right, on request, to have the information excluded from the protective order and specifically ask the person if they wish the court to exclude that information from the protective order. The bill does the following with respect to the authorization in current law for a person protected by a protective order to file a notification of change of address or telephone number with the court that rendered the order to modify the information contained in the order: requires the court, on the request of a person protected by a protective order, to keep confidential the changed address or telephone number in the filed notification and requires the court, on granting the request for confidentiality, to order the clerk to maintain a confidential record and exclude from the notification the information used only by the court or a law enforcement agency for purposes of entering the information required by state law into the statewide law enforcement information system maintained by the Department of Public Safety; and requires an applicant, if the applicant seeks to keep their mailing address confidential, to disclose the applicant's mailing address and county of residence to the court; designate a person to receive on behalf of the applicant any notice or documents filed with the court related to the order; and disclose the designated person's mailing address to the court. H.B. 793 applies to an application for a protective order that is pending on or filed on or after the bill's effective date or a notification of change of address or telephone number that is filed on or after the bill's effective date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 793
By: Thompson
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 793
By: Thompson
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE In 2023, the Texas Legislature passed S.B. 578, which addressed some of the need for privacy for survivors during the protective order process. Current law now authorizes, but does not require, a court to keep confidential the mailing address and county of residence of an applicant for a protective order on request of the applicant. However, the bill author has informed the committee that because the requested confidentiality is not mandatory, applicants who are fleeing family violence may be hesitant to seek protection from the court. H.B. 793 seeks to address this issue by removing a court's ability to reject an applicant's request for confidentiality during the protective order process, requiring the court to inform each person of their right to have information kept confidential on request, outlining the duties of the clerk to maintain a confidential record, and specifying the applicant's responsibilities.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 793 amends the Family Code regarding the confidentiality of certain personal information of an applicant for or a person protected by a protective order as follows: with respect to an application for a protective order, the bill replaces the authorization in current law for a court, on the applicant's request, to render an order prohibiting the release of the applicant's mailing address and county of residence to the respondent with a requirement for the court to render such an order; and with respect to the information that, under current law, may be excluded from a protective order on request by a person protected by the order or a member of the family or household of a person protected by an order: o the bill replaces the authorization for the court to exclude the information with a requirement for the court to exclude the information and further specifies that the member of the family or household who may make such a request is an adult member of the family or household; and o the bill requires a court, in the hearing on a protective order application, to inform each protected person or adult member of the family or household of such person who is present at the hearing of the protected person's right, on request, to have the information excluded from the protective order and specifically ask the person if they wish the court to exclude that information from the protective order. The bill does the following with respect to the authorization in current law for a person protected by a protective order to file a notification of change of address or telephone number with the court that rendered the order to modify the information contained in the order: requires the court, on the request of a person protected by a protective order, to keep confidential the changed address or telephone number in the filed notification and requires the court, on granting the request for confidentiality, to order the clerk to maintain a confidential record and exclude from the notification the information used only by the court or a law enforcement agency for purposes of entering the information required by state law into the statewide law enforcement information system maintained by the Department of Public Safety; and requires an applicant, if the applicant seeks to keep their mailing address confidential, to disclose the applicant's mailing address and county of residence to the court; designate a person to receive on behalf of the applicant any notice or documents filed with the court related to the order; and disclose the designated person's mailing address to the court. H.B. 793 applies to an application for a protective order that is pending on or filed on or after the bill's effective date or a notification of change of address or telephone number that is filed on or after the bill's effective date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
In 2023, the Texas Legislature passed S.B. 578, which addressed some of the need for privacy for survivors during the protective order process. Current law now authorizes, but does not require, a court to keep confidential the mailing address and county of residence of an applicant for a protective order on request of the applicant. However, the bill author has informed the committee that because the requested confidentiality is not mandatory, applicants who are fleeing family violence may be hesitant to seek protection from the court. H.B. 793 seeks to address this issue by removing a court's ability to reject an applicant's request for confidentiality during the protective order process, requiring the court to inform each person of their right to have information kept confidential on request, outlining the duties of the clerk to maintain a confidential record, and specifying the applicant's responsibilities.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 793 amends the Family Code regarding the confidentiality of certain personal information of an applicant for or a person protected by a protective order as follows:
with respect to an application for a protective order, the bill replaces the authorization in current law for a court, on the applicant's request, to render an order prohibiting the release of the applicant's mailing address and county of residence to the respondent with a requirement for the court to render such an order; and
with respect to the information that, under current law, may be excluded from a protective order on request by a person protected by the order or a member of the family or household of a person protected by an order:
o the bill replaces the authorization for the court to exclude the information with a requirement for the court to exclude the information and further specifies that the member of the family or household who may make such a request is an adult member of the family or household; and
o the bill requires a court, in the hearing on a protective order application, to inform each protected person or adult member of the family or household of such person who is present at the hearing of the protected person's right, on request, to have the information excluded from the protective order and specifically ask the person if they wish the court to exclude that information from the protective order.
The bill does the following with respect to the authorization in current law for a person protected by a protective order to file a notification of change of address or telephone number with the court that rendered the order to modify the information contained in the order:
requires the court, on the request of a person protected by a protective order, to keep confidential the changed address or telephone number in the filed notification and requires the court, on granting the request for confidentiality, to order the clerk to maintain a confidential record and exclude from the notification the information used only by the court or a law enforcement agency for purposes of entering the information required by state law into the statewide law enforcement information system maintained by the Department of Public Safety; and
requires an applicant, if the applicant seeks to keep their mailing address confidential, to disclose the applicant's mailing address and county of residence to the court; designate a person to receive on behalf of the applicant any notice or documents filed with the court related to the order; and disclose the designated person's mailing address to the court.
H.B. 793 applies to an application for a protective order that is pending on or filed on or after the bill's effective date or a notification of change of address or telephone number that is filed on or after the bill's effective date.
EFFECTIVE DATE
September 1, 2025.