BILL ANALYSIS

 

 

Senate Research Center

S.B. 1559

 

By: Zaffirini

 

Jurisprudence

 

6/5/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Family Code currently lacks a provision to resolve conflicts between final protective orders and orders issued in subsequent divorce or child custody cases involving the same parties. When handled by different courts, there is a significant risk of conflicting terms, creating legal uncertainty and limiting the ability of the judge in the divorce or custody case to modify the protective order as needed.

 

Current law allows the court handling a divorce or child custody case to request a protective order transfer, but it does not require the issuing court to grant the transfer. This results in inconsistent handling of related legal matters, which can complicate enforcement and undermine the stability of child custody arrangements.

 

S.B. 1559 would require the mandatory transfer of a protective order to the court overseeing a related divorce or suit affecting the parent-child relationship if the case is filed after the protective order is issued. This ensures that one court has the authority to align the protective order with its rulings in the custody or divorce case, eliminating conflicts and improving legal consistency. By consolidating authority within the court responsible for determining the child's best interests, S.B. 1559 would enable necessary modifications to protective orders to reflect changes resulting from ongoing legal proceedings.

 

S.B. 1559 amends current law relating to conflicts between a protective order and certain other orders and to the transfer of a protective order.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 81, Family Code, by adding Section 81.012, as follows:

 

Sec. 81.012. CONFLICT WITH CERTAIN OTHER ORDERS. Provides that, during the time in which a protective order issued under Subtitle B (Protective Orders), including a temporary ex parte order, is valid and subject to transfer, the order prevails over any other order rendered in a suit for dissolution of a marriage under Chapter 6 (Suit for Dissolution of Marriage) or a suit affecting the parent-child relationship under Title 5 (The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship) to the extent of any conflict between the orders.

 

SECTION 2. Amends Section 85.026, Family Code, by adding Subsection (b), as follows:

 

(b) Requires that each protective order issued under this subtitle, including a temporary ex parte order, contain a statement meeting certain criteria. Sets forth the required language of the statement.

 

SECTION 3. Amends Section 85.064, Family Code, by amending Subsections (a) and (b) and adding Subsections (c-1), (c-2), (c-3), and (c-4), as follows:

 

(a) Requires, rather than authorizes, a court that renders a protective order, if the order was rendered before the filing of a suit for dissolution of a marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062 (Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending), on the motion of a party or on the court's own motion, to transfer the protective order to the court having jurisdiction of the suit if the court finds that the transfer will not negatively impact the safety of any person protected by the order, rather than if the court makes the finding prescribed by Subsection (c) (relating to authorizing a court to transfer a protective order under Section 85.064 (Transfer of Protective Order) if the court finds that the transfer meets certain requirements).

 

(b) Requires, rather than authorizes, a court that renders a protective order, if the order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, to transfer the protective order to the court of continuing, exclusive jurisdiction if the court finds that the transfer will not negatively impact the safety of any person protected by the order, rather than if the court makes the finding prescribed by Subsection (c).

 

(c-1) Requires that a motion to transfer a protective order under this section be filed with a signed certificate of service on all parties. Requires a party desiring to contest the motion to file a response not later than the first Monday after the 20th day after the date the motion is served on the party. Requires that the response include a controverting affidavit stating that the transfer would negatively impact the safety of a person protected by the order.

 

(c-2) Requires that notice of the hearing on the motion to transfer the protective order, if a response to a motion to transfer a protective order is filed as provided by Subsection (c-1), be served on all parties not later than the 10th day before the date of the hearing.

 

(c-3) Requires the court, before rendering an order transferring a protective order under this section, to provide each person protected by the protective order the opportunity to submit a statement to the court regarding the impact of a potential transfer on the person's safety. Requires the court to consider a statement submitted under this subsection when determining whether to order a transfer. Authorizes the statement to be a separate document or combined with the motion to transfer or a response to the motion to transfer. Requires that the statement be filed concurrently with or before the filing of the motion to transfer, if the person protected by the protective order is the person filing the motion to transfer or concurrently with or before the filing of a response to the motion to transfer, if the person protected by the protective order is not the person filing the motion to transfer.

 

(c-4) Requires that an order transferring a protective order under this section include a finding that the transfer will not negatively affect the safety of any person protected by the order.

 

SECTION 4. Repealer: Section 83.005 (Conflicting Orders), Family Code.

 

Repealer: Section 85.064(c) (relating to authorizing a court to transfer a protective order under Section 85.064 if the court finds that the transfer meets certain requirements), Family Code.

 

SECTION 5. Makes application of Sections 81.012 and 85.026(b), Family Code, as added by this Act, prospective.

 

SECTION 6. Makes application of Section 85.064, Family Code, as amended by this Act, prospective.

 

SECTION 7. Effective date: September 1, 2025.