SRC-JBJ S.B. 653 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 653
77R5197 MCK-FBy: Staples
Jurisprudence
2/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas' Family Code authorizes a court to order certain specific
types of treatment and counseling as a requirement under a protective order
of a person found to have committed family violence, but omits the
assessment and treatment for substance abuse from the treatments the court
is authorized to order.  As proposed, S.B. 653 authorizes a court to
require substance abuse assessment and treatment under a protective order
of a person found to have committed family violence. 

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 Section 85.022(a), Family Code, to authorize a court, in
a protective order, to order the person found to have committed family
violence to be assessed for substance abuse and, if the person is
determined to have a substance abuse problem, to complete a substance abuse
treatment program. 

SECTION 2.  Amends Section 85.024(a), Family Code, to require a person
found to have engaged in family violence who is ordered to attend a program
or counseling under Section 85.022(a)(1) or (2) or who is assessed and
determined to have a substance abuse problem and ordered to complete a
substance abuse treatment program under Section 85.022(a)(4) to file with
the court an affidavit before the 60th day after the date the order was
rendered or the person was assessed and determined to have a substance
abuse problem stating either that the person has begun the program or
counseling or that a program or counseling is not available within a
reasonable distance from the person's residence. 

SECTION 3.  Effective date: September 1, 2001.
            Makes application of this Act prospective.