BILL ANALYSIS

C.S.H.B. 3021

By: Ramos

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been suggested that there is a need for the public to be better informed about certain provisions that may be included in a protective order. It has been noted, for instance, that some victims of domestic violence refuse to leave an unsafe environment out of concern for a pet they would have to leave behind. In cases where victims do leave, they often leave in such a hurry that they are unable to take their pets with them. Perpetrators of domestic violence may threaten or harm pets as a means to intimidate or gain leverage over victims. C.S.H.B. 3021 seeks to make the public better informed about the availability of certain provisions in protective orders, including the availability of provisions regarding pets and other companion or assistance animals, by providing for the development and distribution of information relating to such availability.

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

C.S.H.B. 3021 amends the Family Code to require the attorney general and the State Bar of Texas jointly to develop information to provide to the public about the provisions that may be included in a protective order, including the ability of a court to render a protective order prohibiting a party from removing a pet, companion animal, or assistance animal from the possession or actual or constructive care of a person named in the order.

C.S.H.B. 3021 amends the Government Code to require the office of a prosecuting attorney to make such information readily available at the office to persons who wish to apply for a protective order.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3021 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a requirement for the office of a prosecuting attorney to make the developed information readily available at the office to persons who wish to apply for a protective order.