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