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                                                                  S.B. No. 1275




AN ACT

relating to the issuance of certain court orders to protect victims 
of family violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (j), Article 17.292, Code of Criminal 
Procedure, is amended to read as follows:
	(j)  An order for emergency protection issued under this 
article is effective on issuance, and the defendant shall be served 
a copy of the order in open court.  An order for emergency 
protection issued under Subsection (a) or (b)(1) of this article 
remains in effect up to the 61st day but not less than 31 days after 
the date of issuance.  An order for emergency protection issued 
under Subsection (b)(2) of this article remains in effect up to the 
91st day but not less than 61 days after the date of issuance.  After 
notice to each affected party and a hearing, the issuing court may 
modify all or part of an order issued under this article if the 
court finds that:
		(1)  the order as originally issued is unworkable;                            
		(2)  the modification will not place the victim of the 
offense at greater risk than did the original order; and
		(3)  the modification will not in any way endanger a 
person protected under the order.
	SECTION 2.  Subchapter E, Chapter 6, Family Code, is amended 
by adding Section 6.404 to read as follows:
	Sec. 6.404.  INFORMATION REGARDING PROTECTIVE ORDERS.  At 
any time while a suit for dissolution of a marriage is pending, if 
the court believes, on the basis of any information received by the 
court, that a party to the suit or a member of the party's family or 
household may be a victim of family violence, the court shall inform 
that party of the party's right to apply for a protective order 
under Title 4.
	SECTION 3.  Chapter 105, Family Code, is amended by adding 
Section 105.0011 to read as follows:
	Sec. 105.0011.  INFORMATION REGARDING PROTECTIVE ORDERS.  At 
any time while a suit is pending, if the court believes, on the 
basis of any information received by the court, that a party to the 
suit or a member of the party's family or household may be a victim 
of family violence, the court shall inform that party of the party's 
right to apply for a protective order under Title 4.
	SECTION 4.  Subsection (j), Article 17.292, Code of Criminal 
Procedure, as amended by this Act, applies only to an order for 
emergency protection rendered on or after the effective date of 
this Act.  An order rendered before the effective date of this Act 
is governed by the law in effect on the date the order was rendered, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1275 passed the Senate on 
May 3, 2005, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1275 passed the House on 
May 25, 2005, by the following vote:  Yeas 144, Nays 0, two 
present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor