SEB S.B. 50 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 50
By: Nelson
Juvenile Justice and Family Issues
4/14/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, a protective order lasts for one year at most and cannot be
renewed unless a violation of the order occurs while the order is in
effect.  S.B. 50 allows a person to apply for renewal of a protective order
if the threat of violence persists, extends the maximum period for which a
protective order remains effective from one year to five years, and
provides for an order to continue one year after an imprisoned person
subject to the order is released.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 82.008(a), Family Code, to provide that an
application for a protective order that is filed after the expiration of a
previously rendered protective order must include either a description of
the violation of the expired order if the application alleges that the
respondent violated the expired protective order by committing an act
prohibited by that order before the order expired or a description of the
threatened harm that reasonably places the applicant in fear of imminent
physical harm, bodily injury, assault, or sexual assault.  Specifies that
if a violation of the expired order is alleged, the application must also
include a statement that the violation of the expired order has not been
grounds for any other order protecting the applicant that has been issued
or requested under this subtitle (Protective Orders).  Makes conforming
changes. 

SECTION 2.  Amends Subchapter A, Chapter 82, Family Code, by adding Section
82.0085, as follows: 

Sec. 82.0085.  APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED
PROTECTIVE ORDER.  (a)  Provides that if an application for a protective
order alleges that an unexpired protective order applicable to the
respondent is due to expire within 30 days after the date the application
was filed, then the application for the subsequent protective order must
include two items.  First, the application must include a copy of the
previously rendered protective order attached to the application or, if a
copy is unavailable, a statement that the order is unavailable to the
applicant and that a copy of the order will be filed with the court before
the hearing on the application.  Second, the application must include a
description of the threatened harm that reasonably places the applicant in
fear of imminent physical harm, bodily injury, assault, or sexual assault.  

(b)  Establishes that the procedural requirements for an original
application for a protective order apply to a protective order requested
under this section. 

SECTION 3.  Amends Section 85.025, Family Code, as follows:

Sec. 82.025.  DURATION OF PROTECTIVE ORDER.  (a)  Establishes that except
as provided by Subsection (b), an order under this subtitle remains
effective for the period stated in the order, not to exceed five years,
rather than one year, or if the order does not state its period of
duration, until the fifth, rather than the first, anniversary of the date
the order was issued. 
 
(b)  Provides that if a person who is the subject of a protective order is
confined or imprisoned on the date the protective order would expire under
Subsection (a), the period for which the order is effective is extended,
and the order expires on the first anniversary of the date the person is
released from confinement or imprisonment. 

SECTION 4.  Amends Section 85.026, Family Code, to add a statement that
must appear on a protective order or temporary ex parte order issued under
this subtitle which states that it is unlawful for  any person who is
subject to a protective order to possess a firearm or ammunition.  Makes
conforming and nonsubstantive changes. 

SECTION 5.  Amends Section 87.002, Family Code, to prohibit a protective
order from being modified to extend the period of the order's validity
beyond the fifth, rather than the first, anniversary of the date the
original order was rendered or beyond the date the order expires under
Section 85.025(b), whichever date occurs later. 

SECTION 6.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 7.  Emergency clause.