Bill Text: TX HB2095 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the restrictions that may be included in a protective order on a person found to have committed family violence.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2023-05-05 - Referred to State Affairs [HB2095 Detail]
Download: Texas-2023-HB2095-Engrossed.html
| 88R8001 AMF-D | ||
| By: Manuel, Rose, Morales of Harris, | H.B. No. 2095 | |
| Johnson of Dallas | ||
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| relating to the restrictions that may be included in a protective | ||
| order on a person found to have committed family violence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 84, Family Code, is amended by adding | ||
| Section 84.007 to read as follows: | ||
| Sec. 84.007. NOTICE TO APPLICANT REGARDING RESTRICTIONS | ||
| AVAILABLE UNDER PROTECTIVE ORDER. In a hearing on an application | ||
| for a protective order, if the applicant has alleged that family | ||
| violence has occurred, the court shall: | ||
| (1) inform the applicant of the restrictions that the | ||
| court may impose in a protective order on a person found to have | ||
| committed family violence, including by specifically discussing | ||
| with the applicant the location restrictions described by Sections | ||
| 85.022(b)(3) and (4); and | ||
| (2) specifically ask the applicant if the applicant | ||
| wishes the court to include one or both of the location restrictions | ||
| described by Sections 85.022(b)(3) and (4) in the court's order if | ||
| the court finds that the respondent has committed family violence | ||
| and that family violence is likely to occur in the future. | ||
| SECTION 2. Section 85.022, Family Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) In determining whether to include in a protective | ||
| order the location restrictions described by Subsections (b)(3) and | ||
| (4), the court must consider any wishes expressed by the applicant | ||
| in response to the court's question to the applicant under Section | ||
| 84.007(2) regarding the inclusion of those restrictions in the | ||
| court's order. | ||
| SECTION 3. Section 84.007, Family Code, as added by this | ||
| Act, applies to a hearing on an application for a protective order | ||
| held on or after the effective date of this Act regardless of the | ||
| date the application is filed. | ||
| SECTION 4. Section 85.022(b-1), Family Code, as added by | ||
| this Act, applies only to a protective order for which a hearing is | ||
| held on or after the effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
