| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the transfer of a protective order. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 85.064(a) and (b), Family Code, are |
|
|
amended to read as follows: |
|
|
(a) If a protective order was rendered before the filing of |
|
|
a suit for dissolution of marriage or suit affecting the |
|
|
parent-child relationship or while the suit is pending as provided |
|
|
by Section 85.062, the court that rendered the order shall [may], on |
|
|
the motion of a party or on the court's own motion, transfer the |
|
|
protective order to the court having jurisdiction of the suit [if |
|
|
the court makes the finding prescribed by Subsection (c)]. |
|
|
(b) If a protective 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, |
|
|
the court shall [may] transfer the protective order to the court of |
|
|
continuing, exclusive jurisdiction [if the court makes the finding |
|
|
prescribed by Subsection (c)]. |
|
|
SECTION 2. Section 85.064(c), Family Code, is repealed. |
|
|
SECTION 3. Section 85.064, Family Code, as amended by this |
|
|
Act, applies only to a motion to transfer a protective order that is |
|
|
made on or after the effective date of this Act. A motion made |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the motion was made, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |