Relating to required findings for the issuance of a protective order based on the commission of family violence.

89(R) HB 2496 - House Committee Report version - Bill Text

89R21494 AMF-D

By: Dutton

H.B. No. 2496

Substitute the following for H.B. No. 2496:

By: Hayes

C.S.H.B. No. 2496

A BILL TO BE ENTITLED

AN ACT

relating to required findings for the issuance of a protective

order based on the commission of family violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.001, Family Code, is amended to read

as follows:

Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court

shall render a protective order as provided by Section 85.001(b) if

the court finds that
:

(1)
family violence has occurred
during the two-year

period preceding the filing of the application for the protective

order; or

(2)

the respondent was imprisoned or confined for an

offense involving family violence and has been released from prison

or jail during the two-year period preceding the filing of the

application for the protective order
.

SECTION 2. Section 81.0015, Family Code, is amended to read

as follows:

Sec. 81.0015. PRESUMPTION
OF OCCURRENCE OF FAMILY VIOLENCE
.

For purposes of this subtitle, there is a presumption that family

violence has occurred
during the two-year period preceding the

filing of the application for the protective order
if:

(1) the respondent has been convicted of or placed on

deferred adjudication community supervision for any of the

following offenses against the child for whom the petition is filed

committed during that period
:

(A) an offense under Title 5, Penal Code, for

which the court has made an affirmative finding that the offense

involved family violence under Article 42.013, Code of Criminal

Procedure; or

(B) an offense under Title 6, Penal Code; and

(2) the respondent's parental rights with respect to

the child have been terminated
based on acts occurring during that

period
.

SECTION 3. Sections 85.001(a) and (b), Family Code, are

amended to read as follows:

(a) At the close of a hearing on an application for a

protective order, the court shall find whether
:

(1)
family violence has occurred
during the two-year

period preceding the filing of the application for the protective

order; or

(2)

the respondent was imprisoned or confined for an

offense involving family violence and has been released from prison

or jail during the two-year period preceding the filing of the

application for the protective order
.

(b) If the court
makes an affirmative finding under

Subsection (a)
[
finds that family violence has occurred
], the

court:

(1) shall render a protective order as provided by

Section 85.022 applying only to a person found to have committed

family violence; and

(2) may render a protective order as provided by

Section 85.021 applying to both parties that is in the best interest

of the person protected by the order or member of the family or

household of the person protected by the order.

SECTION 4. Section 85.025(a-1), Family Code, is amended to

read as follows:

(a-1) The court may render a protective order sufficient to

protect the applicant and members of the applicant's family or

household that is effective for a period that exceeds two years if

the court finds that the person who is the subject of the protective

order:

(1) committed an act constituting a felony offense

involving family violence against the applicant or a member of the

applicant's family or household
during the two-year period

preceding the filing of the application for the protective order
,

regardless of whether the person has been charged with or convicted

of the offense;

(2)

was imprisoned or confined for an offense

described by Subdivision (1) and has been released from prison or

jail during the two-year period preceding the filing of the

application for the protective order;

(3)
[
(2)
] caused serious bodily injury to the

applicant or a member of the applicant's family or household; or

(4)
[
(3)
] was the subject of two or more previous

protective orders rendered:

(A) to protect the person on whose behalf the

current protective order is sought; and

(B) after a finding by the court that the subject

of the protective order
:

(i)
has committed family violence
during

the two-year period preceding the filing of the application for the

protective order; or

(ii)

was imprisoned or confined for an

offense involving family violence and has been released from prison

or jail during the two-year period preceding the filing of the

application for the protective order
.

SECTION 5. Article 7B.052, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE

ORDER. The court shall issue a protective order in the manner

provided by Title 4, Family Code, if, in lieu of the finding
under

[
that family violence occurred as required by
] Section 85.001,

Family Code, the court finds that:

(1) probable cause exists to believe that an offense

under Section 42.072, Penal Code, was committed; and

(2) the nature of the scheme or course of conduct

engaged in by the defendant in committing the offense indicates the

defendant is likely in the future to engage in conduct prohibited by

Section 42.072(a)(1), (2), or (3), Penal Code.

SECTION 6. Article 7B.102, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE

ORDER. The court shall issue a protective order in the manner

provided by Title 4, Family Code, if, in lieu of the finding
under

[
that family violence occurred as required by
] Section 85.001,

Family Code, the court finds that:

(1) probable cause exists to believe that an offense

under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal

Code, was committed;

(2) the defendant committed the offense because of

bias or prejudice; and

(3) the nature of the scheme or course of conduct

engaged in by the defendant in committing the offense indicates the

defendant is likely in the future to:

(A) engage in conduct prohibited by Title 5,

Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and

(B) engage in that conduct described by Paragraph

(A) because of bias or prejudice.

SECTION 7. The changes in law made by this Act apply only to

an application for a protective order filed on or after the

effective date of this Act. An application for a protective order

filed before the effective date of this Act is governed by the law

in effect on the date the application is filed, and the former law

is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2025.