HBA-BSM, LJP H.B. 601 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 601
By: Goodman
Juvenile Justice & Family Issues
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

It is not uncommon for a family member to move to a different location due
to family violence or after a stalking incident has taken place, and file
for a temporary emergency protective order in their new county of
residence.   House Bill 601 clarifies that the original court where a suit
affecting the parent-child relationship or divorce case was heard has
continuing jurisdiction over the matter.  H.B. 601 clarifies that the
district court also has jurisdiction over the duration and effect of the
emergency protective order issued by the magistrate. 

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. 

ANALYSIS

House Bill 601 amends the Code of Criminal Procedure to authorize a court,
after notice and hearing, to vacate or modify all or part of an emergency
protection order issued in a bail proceeding by a magistrate after an
arrest for a family violence or stalking offense. The bill provides that if
an emergency protection order is modified, it retains the expiration date
of the original order. The bill provides that, on a motion, notice, and
hearing or on the agreement of the parties, the order is authorized to be
transferred to any court with continuing jurisdiction over matters
involving a child or a family law suit of the involved parties.  The bill
also specifies that a condition imposed by a protective order under the
Family Code has precedence over a condition imposed by an order under the
provisions of a magistrate's order for emergency protection. 

EFFECTIVE DATE

September 1, 2001