S.B. No. 1559
 
 
 
 
AN ACT
  relating to conflicts between a protective order and certain other
  orders and to the transfer of a protective order.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 81, Family Code, is amended by adding
  Section 81.012 to read as follows:
         Sec. 81.012.  CONFLICT WITH CERTAIN OTHER ORDERS. During
  the time in which a protective order issued under this subtitle,
  including a temporary ex parte order, is valid and subject to
  transfer, the order prevails over any other order rendered in a suit
  for dissolution of a marriage under Chapter 6 or a suit affecting
  the parent-child relationship under Title 5 to the extent of any
  conflict between the orders.
         SECTION 2.  Section 85.026, Family Code, is amended by
  adding Subsection (b) to read as follows:
         (b)  Each protective order issued under this subtitle,
  including a temporary ex parte order, must contain the following
  prominently displayed statement in boldfaced type, capital
  letters, or underlined:
         "DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO
  TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT
  FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD
  RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS."
         SECTION 3.  Section 85.064, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (c-1),
  (c-2), (c-3), and (c-4) to read as follows:
         (a)  If a protective order was rendered before the filing of
  a suit for dissolution of a marriage or suit affecting the
  parent-child relationship or while the suit is pending as provided
  by Section 85.062, the court that rendered the order shall [may], on
  the motion of a party or on the court's own motion, transfer the
  protective order to the court having jurisdiction of the suit if the
  court finds that the transfer will not negatively impact the safety
  of any person protected by the order [makes the finding prescribed
  by Subsection (c)].
         (b)  If a protective 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,
  the court shall [may] transfer the protective order to the court of
  continuing, exclusive jurisdiction if the court finds that the
  transfer will not negatively impact the safety of any person
  protected by the order [makes the finding prescribed by Subsection
  (c)].
         (c-1)  A motion to transfer a protective order under this
  section must be filed with a signed certificate of service on all
  parties. A party desiring to contest the motion must file a response
  not later than the first Monday after the 20th day after the date
  the motion is served on the party. The response must include a
  controverting affidavit stating that the transfer would negatively
  impact the safety of a person protected by the order.
         (c-2)  If a response to a motion to transfer a protective
  order is filed as provided by Subsection (c-1), notice of the
  hearing on the motion to transfer the protective order must be
  served on all parties not later than the 10th day before the date of
  the hearing.
         (c-3)  Before rendering an order transferring a protective
  order under this section, the court must provide each person
  protected by the protective order the opportunity to submit a
  statement to the court regarding the impact of a potential transfer
  on the person's safety. The court shall consider a statement
  submitted under this subsection when determining whether to order a
  transfer. The statement may be a separate document or combined with
  the motion to transfer or a response to the motion to transfer. The
  statement must be filed:
               (1)  concurrently with or before the filing of the
  motion to transfer, if the person protected by the protective order
  is the person filing the motion to transfer; or
               (2)  concurrently with or before the filing of a
  response to the motion to transfer, if the person protected by the
  protective order is not the person filing the motion to transfer.
         (c-4)  An order transferring a protective order under this
  section must include a finding that the transfer will not
  negatively affect the safety of any person protected by the order.
         SECTION 4.  The following provisions of the Family Code are
  repealed:
               (1)  Section 83.005; and
               (2)  Section 85.064(c).
         SECTION 5.  Sections 81.012 and 85.026(b), Family Code, as
  added by this Act, apply only to a protective order issued on or
  after the effective date of this Act.
         SECTION 6.  Section 85.064, Family Code, as amended by this
  Act, applies only to a motion to transfer a protective order that is
  made on or after the effective date of this Act. A motion made
  before the effective date of this Act is governed by the law in
  effect on the date the motion was filed, and the former law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2025.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1559 passed the Senate on
  April 10, 2025, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 22, 2025, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1559 passed the House, with
  amendment, on May 16, 2025, by the following vote: Yeas 118,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor