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89(R) SB 1559 - Enrolled version - Bill Text
S.B. No. 1559
AN ACT
relating to conflicts between a protective order and certain other
orders and to the transfer of a protective order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Family Code, is amended by adding
Section 81.012 to read as follows:
Sec.
81.012.
CONFLICT WITH CERTAIN OTHER ORDERS. During
the time in which a protective order issued under this subtitle,
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 or a suit affecting
the parent-child relationship under Title 5 to the extent of any
conflict between the orders.
SECTION 2. Section 85.026, Family Code, is amended by
adding Subsection (b) to read as follows:
(b)
Each protective order issued under this subtitle,
including a temporary ex parte order, must contain the following
prominently displayed statement in boldfaced type, capital
letters, or underlined:
"DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO
TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT
FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS."
SECTION 3. Section 85.064, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (c-1),
(c-2), (c-3), and (c-4) to read as follows:
(a) If a protective 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, 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
finds that the transfer will not negatively impact the safety
of any person protected by the order
[
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
finds that the
transfer will not negatively impact the safety of any person
protected by the order
[
makes the finding prescribed by Subsection
(c)
].
(c-1)
A motion to transfer a protective order under this
section must be filed with a signed certificate of service on all
parties. A party desiring to contest the motion must file a response
not later than the first Monday after the 20th day after the date
the motion is served on the party. The response must include a
controverting affidavit stating that the transfer would negatively
impact the safety of a person protected by the order.
(c-2)
If a response to a motion to transfer a protective
order is filed as provided by Subsection (c-1), notice of the
hearing on the motion to transfer the protective order must be
served on all parties not later than the 10th day before the date of
the hearing.
(c-3)
Before rendering an order transferring a protective
order under this section, the court must 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. The court shall consider a statement
submitted under this subsection when determining whether to order a
transfer. The statement may be a separate document or combined with
the motion to transfer or a response to the motion to transfer. The
statement must be filed:
(1)
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
(2)
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)
An order transferring a protective order under this
section must include a finding that the transfer will not
negatively affect the safety of any person protected by the order.
SECTION 4. The following provisions of the Family Code are
repealed:
(1) Section 83.005; and
(2) Section 85.064(c).
SECTION 5. Sections 81.012 and 85.026(b), Family Code, as
added by this Act, apply only to a protective order issued on or
after the effective date of this Act.
SECTION 6. 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 filed, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1559 passed the Senate on
April 10, 2025, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 22, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1559 passed the House, with
amendment, on May 16, 2025, by the following vote: Yeas 118,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor