88R6075 AMF-D
 
  By: Meza, Garcia, Wu, Lujan, et al. H.B. No. 1432
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required findings for the issuance of a protective
  order.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.001, Family Code, is amended to read
  as follows:
         Sec. 81.001.  ENTITLEMENT TO PROTECTIVE ORDER. A court
  shall render a protective order as provided by Section 85.001(b) if
  the court finds that family violence has occurred [and is likely to
  occur in the future].
         SECTION 2.  Section 81.0015, Family Code, is amended to read
  as follows:
         Sec. 81.0015.  PRESUMPTION. For purposes of this subtitle,
  there is a presumption that family violence has occurred [and is
  likely to occur in the future] if:
               (1)  the respondent has been convicted of or placed on
  deferred adjudication community supervision for any of the
  following offenses against the child for whom the petition is
  filed:
                     (A)  an offense under Title 5, Penal Code, for
  which the court has made an affirmative finding that the offense
  involved family violence under Article 42.013, Code of Criminal
  Procedure; or
                     (B)  an offense under Title 6, Penal Code; and
               (2)  the respondent's parental rights with respect to
  the child have been terminated[; and
               [(3) the respondent is seeking or attempting to seek
  contact with the child].
         SECTION 3.  Sections 85.001(a), (b), and (c), Family Code,
  are amended to read as follows:
         (a)  At the close of a hearing on an application for a
  protective order, the court shall find whether[:
               [(1)] family violence has occurred[; and
               [(2) family violence is likely to occur in the future].
         (b)  If the court finds that family violence has occurred
  [and that family violence is likely to occur in the future], the
  court:
               (1)  shall render a protective order as provided by
  Section 85.022 applying only to a person found to have committed
  family violence; and
               (2)  may render a protective order as provided by
  Section 85.021 applying to both parties that is in the best interest
  of the person protected by the order or member of the family or
  household of the person protected by the order.
         (c)  A protective order that requires the first applicant to
  do or refrain from doing an act under Section 85.022 shall include a
  finding that the first applicant has committed family violence [and
  is likely to commit family violence in the future].
         SECTION 4.  Section 85.002, Family Code, is amended to read
  as follows:
         Sec. 85.002.  EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE
  ORDER.  If the court finds that a respondent violated a protective
  order by committing an act prohibited by the order as provided by
  Section 85.022, that the order was in effect at the time of the
  violation, and that the order has expired after the date that the
  violation occurred, the court, without the necessity of making the
  finding [findings] described by Section 85.001(a), shall render a
  protective order as provided by Section 85.022 applying only to the
  respondent and may render a protective order as provided by Section
  85.021.
         SECTION 5.  Section 85.025(a-1), Family Code, is amended to
  read as follows:
         (a-1)  The court may render a protective order sufficient to
  protect the applicant and members of the applicant's family or
  household that is effective for a period that exceeds two years if
  the court finds that the person who is the subject of the protective
  order:
               (1)  committed an act constituting a felony offense
  involving family violence against the applicant or a member of the
  applicant's family or household, regardless of whether the person
  has been charged with or convicted of the offense;
               (2)  caused serious bodily injury to the applicant or a
  member of the applicant's family or household; or
               (3)  was the subject of two or more previous protective
  orders rendered:
                     (A)  to protect the person on whose behalf the
  current protective order is sought; and
                     (B)  after a finding by the court that the subject
  of the protective order[:
                           [(i)]  has committed family violence[; and
                           [(ii) is likely to commit family violence in
  the future].
         SECTION 6.  Article 7B.052, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7B.052.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER.  The court shall issue a protective order in the manner
  provided by Title 4, Family Code, if, in lieu of the finding that
  family violence occurred [and is likely to occur in the future] as
  required by Section 85.001, Family Code, the court finds that:
               (1)  probable cause exists to believe that an offense
  under Section 42.072, Penal Code, was committed; and
               (2)  the nature of the scheme or course of conduct
  engaged in by the defendant in committing the offense indicates the
  defendant is likely in the future to engage in conduct prohibited by
  Section 42.072(a)(1), (2), or (3), Penal Code.
         SECTION 7.  Article 7B.102, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7B.102.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER.  The court shall issue a protective order in the manner
  provided by Title 4, Family Code, if, in lieu of the finding that
  family violence occurred [and is likely to occur in the future] as
  required by Section 85.001, Family Code, the court finds that:
               (1)  probable cause exists to believe that an offense
  under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal
  Code, was committed;
               (2)  the defendant committed the offense because of
  bias or prejudice; and
               (3)  the nature of the scheme or course of conduct
  engaged in by the defendant in committing the offense indicates the
  defendant is likely in the future to:
                     (A)  engage in conduct prohibited by Title 5,
  Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
                     (B)  engage in that conduct described by Paragraph
  (A) because of bias or prejudice.
         SECTION 8.  The changes in law made by this Act apply only to
  a protective order rendered on or after the effective date of this
  Act. A protective order rendered before the effective date of this
  Act is governed by the law in effect on the date the order was
  rendered, and the former law is continued in effect for that
  purpose.
         SECTION 9.  This Act takes effect September 1, 2023.