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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative defense by the respondent to an |
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application for a protective order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 82, Family Code, is |
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amended by adding Section 82.023 to read as follows: |
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Sec. 82.023. AFFIRMATIVE DEFENSE. (a) A respondent to an |
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application for a protective order may plead as an affirmative |
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defense that family violence is not likely to occur in the future. |
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(b) A respondent has the burden of proving an affirmative |
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defense under Subsection (a) by a preponderance of the evidence. |
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SECTION 2. Section 85.001(b), Family Code, is amended to |
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read as follows: |
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(b) If the court finds that family violence has occurred, |
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the court: |
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(1) shall render a protective order as provided by |
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Section 85.022 applying only to a person found to have committed |
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family violence, unless the person establishes an affirmative |
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defense as provided by Section 82.023; and |
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(2) may render a protective order as provided by |
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Section 85.021 applying to both parties that is in the best interest |
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of the person protected by the order or member of the family or |
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household of the person protected by the order. |
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SECTION 3. Section 82.023, Family Code, as added by this |
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Act, applies to an application for a protective order that is filed |
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on or after the effective date of this Act. An application for a |
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protective order filed before the effective date of this Act is |
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governed by the law in effect on the date the application is filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |