BILL ANALYSIS Senate Research Center S.B. 1559 89R2199 AMF-F By: Zaffirini Jurisprudence 3/7/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Family Code currently lacks a provision to resolve conflicts between final protective orders and orders issued in subsequent divorce or child custody cases involving the same parties. When handled by different courts, there is a significant risk of conflicting terms, creating legal uncertainty and limiting the ability of the judge in the divorce or custody case to modify the protective order as needed. Current law allows the court handling a divorce or child custody case to request a protective order transfer, but it does not require the issuing court to grant the transfer. This results in inconsistent handling of related legal matters, which can complicate enforcement and undermine the stability of child custody arrangements. S.B. 1559 would require the mandatory transfer of a protective order to the court overseeing a related divorce or suit affecting the parent-child relationship if the case is filed after the protective order is issued. This ensures that one court has the authority to align the protective order with its rulings in the custody or divorce case, eliminating conflicts and improving legal consistency. By consolidating authority within the court responsible for determining the child's best interests, S.B. 1559 would enable necessary modifications to protective orders to reflect changes resulting from ongoing legal proceedings. As proposed, S.B. 1559 amends current law relating to the transfer of a protective order. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 85.064(a) and (b), Family Code, as follows: (a) Requires, rather than authorizes, a court that renders a protective order, if the order was rendered before the filing of a suit for dissolution of marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062 (Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending), on the motion of a party or on the court's own motion, to transfer the protective order to the court having jurisdiction of the suit, rather than transfer the protective order to the court having jurisdiction of the suit if the court makes the finding prescribed by Subsection (c) (relating to authorizing a court to transfer a protective order under Section 85.064 (Transfer of Protective Order) if the court finds that the transfer meets certain requirements). (b) Requires, rather than authorizes, a court that renders a protective order, if the order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, to transfer the protective order to the court of continuing, exclusive jurisdiction, rather than transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c). SECTION 2. Repealer: Section 85.064(c) (relating to authorizing a court to transfer a protective order under Section 85.064 if the court finds that the transfer meets certain requirements), Family Code. SECTION 3. Makes application of Section 85.064, Family Code, as amended by this Act, prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1559
89R2199 AMF-F By: Zaffirini
Jurisprudence
3/7/2025
As Filed
Senate Research Center
S.B. 1559
89R2199 AMF-F
By: Zaffirini
Jurisprudence
3/7/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Family Code currently lacks a provision to resolve conflicts between final protective orders and orders issued in subsequent divorce or child custody cases involving the same parties. When handled by different courts, there is a significant risk of conflicting terms, creating legal uncertainty and limiting the ability of the judge in the divorce or custody case to modify the protective order as needed.
Current law allows the court handling a divorce or child custody case to request a protective order transfer, but it does not require the issuing court to grant the transfer. This results in inconsistent handling of related legal matters, which can complicate enforcement and undermine the stability of child custody arrangements.
S.B. 1559 would require the mandatory transfer of a protective order to the court overseeing a related divorce or suit affecting the parent-child relationship if the case is filed after the protective order is issued. This ensures that one court has the authority to align the protective order with its rulings in the custody or divorce case, eliminating conflicts and improving legal consistency. By consolidating authority within the court responsible for determining the child's best interests, S.B. 1559 would enable necessary modifications to protective orders to reflect changes resulting from ongoing legal proceedings.
As proposed, S.B. 1559 amends current law relating to the transfer of a protective order.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 85.064(a) and (b), Family Code, as follows:
(a) Requires, rather than authorizes, a court that renders a protective order, if the order was rendered before the filing of a suit for dissolution of marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062 (Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending), on the motion of a party or on the court's own motion, to transfer the protective order to the court having jurisdiction of the suit, rather than transfer the protective order to the court having jurisdiction of the suit if the court makes the finding prescribed by Subsection (c) (relating to authorizing a court to transfer a protective order under Section 85.064 (Transfer of Protective Order) if the court finds that the transfer meets certain requirements).
(b) Requires, rather than authorizes, a court that renders a protective order, if the order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, to transfer the protective order to the court of continuing, exclusive jurisdiction, rather than transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).
SECTION 2. Repealer: Section 85.064(c) (relating to authorizing a court to transfer a protective order under Section 85.064 if the court finds that the transfer meets certain requirements), Family Code.
SECTION 3. Makes application of Section 85.064, Family Code, as amended by this Act, prospective.
SECTION 4. Effective date: September 1, 2025.