BILL ANALYSIS

H.B. 4696

By: Garcia, Linda

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that hearings on protective orders and their modification typically require in-person participation unless otherwise arranged with the court; however, appearing in person can present significant safety risks, logistical burdens, and emotional trauma for many survivors of family violence and protected witnesses, and the courtroom setting itself can be intimidating and retraumatizing, especially when survivors are required to testify in the presence of their abuser. The bill author has further informed the committee that the stress and anxiety associated with providing in-person testimony can deter survivors from pursuing protective orders that are critical to their protection and well-being. H.B. 4696 aims to enhance the safety of and ensure access to justice for individuals in a proceeding for the issuance or modification of a protective order by requiring the court to provide a method for remote testimony and participation on request unless there is good cause to deny that request.

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. 4696 amends the Family Code to require a court, on written request by an applicant or a witness who is to be protected by a proposed protective order or who is currently protected by a protective order, to provide a method by which the applicant or witness may give testimony or otherwise participate remotely in the hearing on the application for the protective order or on the motion for modification of the protective order, as applicable, unless the court finds there is good cause to deny the request to participate remotely. The bill applies to a protective order proceeding that is pending on or filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.