88R7988 AMF-D
 
  By: Manuel, Davis, Collier, Ordaz, H.B. No. 2092
      Morales of Harris
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period during which an order for emergency
  protection remains in effect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.292(j), Code of Criminal Procedure,
  is amended to read as follows:
         (j)  An order for emergency protection issued under this
  article is effective on issuance, and the defendant shall be served
  a copy of the order by the magistrate or the magistrate's designee
  in person or electronically. The magistrate shall make a separate
  record of the service in written or electronic format. An order for
  emergency protection issued under Subsection (a) or (b)(1) of this
  article remains in effect up to the 91st [61st] day but not less
  than 61 [31] days after the date of issuance. An order for
  emergency protection issued under Subsection (b)(2) of this article
  remains in effect up to the 121st [91st] day but not less than 91
  [61] days after the date of issuance. After notice to each affected
  party and a hearing, the issuing court may modify all or part of an
  order issued under this article if the court finds that:
               (1)  the order as originally issued is unworkable;
               (2)  the modification will not place the victim of the
  offense at greater risk than did the original order; and
               (3)  the modification will not in any way endanger a
  person protected under the order.
         SECTION 2.  The change in law made by this Act applies only
  to an order for emergency protection issued on or after the
  effective date of this Act. An order issued before that date is
  governed by the law in effect on the date the order was issued, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.