Bill Text: TX HB472 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to judicial review of protective orders and the duration of those orders.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2017-05-10 - Laid on the table subject to call [HB472 Detail]

Download: Texas-2017-HB472-Comm_Sub.html

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85R854 LHC-F
By: Dale, Villalba H.B. No. 472

A BILL TO BE ENTITLED
AN ACT
relating to judicial review of protective orders and the duration
of those orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.025, Family Code, is amended by
amending Subsection (b) and adding Subsections (b-1), (b-2), and
(b-3) to read as follows:
(b) A person who is the subject of a protective order may
file a motion not earlier than the first anniversary of the date on
which the order was rendered requesting that the court review the
protective order and determine whether there is a continuing need
for the order.
(b-1) Following the filing of a motion under Subsection (b),
a [A] person who is the subject of a protective order issued under
Subsection (a-1) that is effective for a period that exceeds two
years may file not more than one [a] subsequent motion requesting
that the court review the protective order and determine whether
there is a continuing need for the order. The subsequent motion may
not be filed earlier than the first anniversary of the date on which
the court rendered an order on the [a] previous motion by the person
[under this subsection].
(b-2) After a hearing on a [the] motion under Subsection (b)
or (b-1), if the court does not make a finding that there is no
continuing need for the protective order, the protective order
remains in effect until the date the order expires under this
section. Evidence of the movant's compliance with the protective
order does not by itself support a finding by the court that there
is no continuing need for the protective order. If the court finds
there is no continuing need for the protective order, the court
shall order that the protective order expires on a date set by the
court.
(b-3) Subsection (b) does not apply to a protective order
issued under Chapter 7A, Code of Criminal Procedure.
SECTION 2. Article 7A.07(c), Code of Criminal Procedure, is
repealed.
SECTION 3. The changes in law made by this Act apply only to
a protective order issued on or after the effective date of this
Act. A protective order issued before the effective date of this
Act is governed by the law in effect on the date the order is issued,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.