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A BILL TO BE ENTITLED
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AN ACT
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relating to required findings for the issuance of a protective |
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order based on the commission of family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.001, Family Code, is amended to read |
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as follows: |
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Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court |
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shall render a protective order as provided by Section 85.001(b) if |
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the court finds that: |
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(1) family violence has occurred during the two-year |
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period preceding the filing of the application for the protective |
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order; or |
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(2) the respondent was imprisoned or confined for an |
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offense involving family violence and has been released from prison |
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or jail during the two-year period preceding the filing of the |
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application for the protective order. |
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SECTION 2. Section 81.0015, Family Code, is amended to read |
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as follows: |
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Sec. 81.0015. PRESUMPTION OF OCCURRENCE OF FAMILY VIOLENCE. |
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For purposes of this subtitle, there is a presumption that family |
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violence has occurred during the two-year period preceding the |
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filing of the application for the protective order if: |
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(1) the respondent has been convicted of or placed on |
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deferred adjudication community supervision for any of the |
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following offenses against the child for whom the petition is filed |
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committed during that period: |
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(A) an offense under Title 5, Penal Code, for |
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which the court has made an affirmative finding that the offense |
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involved family violence under Article 42.013, Code of Criminal |
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Procedure; or |
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(B) an offense under Title 6, Penal Code; and |
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(2) the respondent's parental rights with respect to |
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the child have been terminated based on acts occurring during that |
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period. |
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SECTION 3. Sections 85.001(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) At the close of a hearing on an application for a |
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protective order, the court shall find whether: |
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(1) family violence has occurred during the two-year |
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period preceding the filing of the application for the protective |
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order; or |
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(2) the respondent was imprisoned or confined for an |
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offense involving family violence and has been released from prison |
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or jail during the two-year period preceding the filing of the |
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application for the protective order. |
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(b) If the court makes an affirmative finding under |
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Subsection (a) [finds that family violence has occurred], the |
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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; 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 4. Section 85.025(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) The court may render a protective order sufficient to |
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protect the applicant and members of the applicant's family or |
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household that is effective for a period that exceeds two years if |
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the court finds that the person who is the subject of the protective |
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order: |
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(1) committed an act constituting a felony offense |
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involving family violence against the applicant or a member of the |
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applicant's family or household during the two-year period |
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preceding the filing of the application for the protective order, |
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regardless of whether the person has been charged with or convicted |
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of the offense; |
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(2) was imprisoned or confined for an offense |
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described by Subdivision (1) and has been released from prison or |
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jail during the two-year period preceding the filing of the |
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application for the protective order; |
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(3) [(2)] caused serious bodily injury to the |
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applicant or a member of the applicant's family or household; or |
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(4) [(3)] was the subject of two or more previous |
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protective orders rendered: |
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(A) to protect the person on whose behalf the |
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current protective order is sought; and |
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(B) after a finding by the court that the subject |
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of the protective order: |
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(i) has committed family violence during |
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the two-year period preceding the filing of the application for the |
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protective order; or |
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(ii) was imprisoned or confined for an |
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offense involving family violence and has been released from prison |
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or jail during the two-year period preceding the filing of the |
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application for the protective order. |
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SECTION 5. Article 7B.052, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. The court shall issue a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding under |
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[that family violence occurred as required by] Section 85.001, |
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Family Code, the court finds that: |
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(1) probable cause exists to believe that an offense |
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under Section 42.072, Penal Code, was committed; and |
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(2) the nature of the scheme or course of conduct |
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engaged in by the defendant in committing the offense indicates the |
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defendant is likely in the future to engage in conduct prohibited by |
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Section 42.072(a)(1), (2), or (3), Penal Code. |
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SECTION 6. Article 7B.102, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. The court shall issue a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding under |
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[that family violence occurred as required by] Section 85.001, |
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Family Code, the court finds that: |
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(1) probable cause exists to believe that an offense |
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under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal |
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Code, was committed; |
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(2) the defendant committed the offense because of |
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bias or prejudice; and |
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(3) the nature of the scheme or course of conduct |
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engaged in by the defendant in committing the offense indicates the |
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defendant is likely in the future to: |
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(A) engage in conduct prohibited by Title 5, |
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Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and |
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(B) engage in that conduct described by Paragraph |
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(A) because of bias or prejudice. |
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SECTION 7. The changes in law made by this Act apply only to |
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an application for a protective order filed on or after the |
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effective date of this Act. An application for a protective order |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the application is filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |