BILL ANALYSIS

H.B. 3696

By: Landgraf

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A constituent who suffered multiple infractions of their protective order has raised concerns about the effectiveness of protective orders in Texas. This constituent asked their representative to find methods to improve these orders. H.B. 3696 seeks to expand the legislature's understanding of the effectiveness of protective orders by directing the Office of Court Administration of the Texas Judicial System to evaluate that effectiveness and submit legislative recommendations on methods to improve the enforcement of protective orders.

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. 3696 requires the Office of Court Administration (OCA) to conduct a study on the effectiveness of protective orders in protecting victims of violence in Texas and to create a report based on the study that must include the following:

· an evaluation of the effectiveness of protective orders in providing such protection by deterring the person who is the subject of the order from engaging in the conduct prohibited under those orders; and

· legislative recommendations on methods to improve the enforcement of protective orders in Texas.

The bill defines "protective order" as any order that is issued or rendered by a court and that prohibits a person from engaging in certain specified conduct directed toward another person or property, including a protective order under applicable Family Code provisions, a temporary restraining order, a magistrate's order for emergency protection, and a protective order for victims of sexual assault or abuse, indecent assault, stalking, or trafficking.

H.B. 3696 requires OCA, not later than September 1, 2024, to submit the report to the governor, lieutenant governor, speaker of the house of representatives, and appropriate committees of the legislature. The bill's provisions expire January 1, 2025.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.