HBA-SEB C.S.S.B. 50 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 50
By: Nelson
Juvenile Justice and Family Issues
4/28/1999
Committee Report (Substituted)


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.  C.S.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 two 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) or (c), an order under this subtitle remains
effective for the period stated in the order, not to exceed two years,
rather than one year, or if the order does not state its period of
duration, until the second, rather than the first, anniversary of the date
the order was issued. 
 
(b)  Authorizes a person who is the subject of a protective order to file a
motion before the first anniversary of the issuance of the order requesting
that the court review the protective order and determine whether there is a
continuing need for the order.  Provides that the protective order remains
in effect until its expiration date if the court finds that there is a
continuing need for the order after a hearing on the motion.  Requires the
court to order that the order expire on a date set by the court if the
court finds that there is no continuing need for the protective order. 

(c)  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 prominently states in boldfaced type, capital letters,
or underlined 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 second, 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 3 by further amending
Section 85.025, Family Code, to modify proposed Subsection (a), to add a
new Subsection (b), and to redesignate proposed Subsection (b) to
Subsection (c), as follows: 

Proposed Subsection (a) is modified to provide that a protective order
remains effective for the period stated in the order, not to exceed two
years, rather than five years as stated in the original, or if the order
does not state its period of duration, until the second, rather than the
fifth, anniversary of the date the order was issued.  The substitute also
makes a conforming change. 

Subsection (b), the text of which is added, authorizes a person who is the
subject of a protective order to file a motion before the first anniversary
of the issuance of the order requesting that the court review the
protective order and determine whether there is a continuing need for the
order.  Subsection (b) provides that the protective order remains in effect
until its expiration date if the court finds that there is a continuing
need for the order after a hearing on the motion and requires the court to
order that the order expire on a date set by the court if the court finds
that there is no continuing need for the protective order. 

The substitute modifies the original in SECTION 4 by further amending
Section 85.026, Family Code, to provide that a protective order must
contain a specific, prominently displayed statement in boldfaced type,
capital letters, or underlined.  The original would have required the
statement to be in bold-faced type or capital letters.  The substitute
makes conforming changes.   

The substitute modifies the original in SECTION 5 by further amending
Section 87.002, Family Code, to prohibit a protective order from being
modified to extend beyond the second anniversary of the date the original
order was issued.  The original would have prohibited the order from being
extended beyond the fifth anniversary of that date.