S.B. No. 789
 
 
 
 
AN ACT
  relating to the duration of a protective order against family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.001, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  If the court renders a protective order for a period of
  more than two years, the court must include in the order a finding
  described by Section 85.025(a-1).
         SECTION 2.  Section 85.025, Family Code, is amended to read
  as follows:
         Sec. 85.025.  DURATION OF PROTECTIVE ORDER. (a)  Except as
  otherwise provided by this section [Subsection (b) or (c)], an
  order under this subtitle is effective:
               (1)  for the period stated in the order, not to exceed
  two years; or
               (2)  if a period is not stated in the order, until the
  second anniversary of the date the order was issued.
         (a-1)  The court may render a protective order sufficient to
  protect the applicant and members of the applicant's family or
  household that is effective for a period that exceeds two years if
  the court finds that the person who is the subject of the protective
  order:
               (1)  caused serious bodily injury to the applicant or a
  member of the applicant's family or household; or
               (2)  was the subject of two or more previous protective
  orders rendered:
                     (A)  to protect the person on whose behalf the
  current protective order is sought; and
                     (B)  after a finding by the court that the subject
  of the protective order:
                           (i)  has committed family violence; and
                           (ii)  is likely to commit family violence in
  the future.
         (b)  A person who is the subject of a protective order may
  file a motion not earlier than the first anniversary of the date on
  which the order was rendered requesting that the court review the
  protective order and determine whether there is a continuing need
  for the order. A person who is the subject of a protective order
  under Subsection (a-1) that is effective for a period that exceeds
  two years may file a subsequent motion requesting that the court
  review the protective order and determine whether there is a
  continuing need for the order not earlier than the first
  anniversary of the date on which the court rendered an order on a
  previous motion by the person under this subsection.  After a
  hearing on the motion, if the court does not make a finding that
  [finds] there is no [a] continuing need for the protective order,
  the protective order remains in effect until the date the order
  expires under this section. Evidence of the movant's compliance
  with the protective order does not by itself support a finding by
  the court that there is no continuing need for the protective order.  
  If the court finds there is no continuing need for the protective
  order, the court shall order that the protective order expires on a
  date set by the court.
         (c)  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) or (a-1), 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 3.  Section 87.002, Family Code, is amended to read
  as follows:
         Sec. 87.002.  MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
  A protective order may not be modified to extend the period of the
  order's validity beyond the second anniversary of the date the
  original order was rendered or beyond the date the order expires
  under Section 85.025(a-1) or (c) [85.025(c)], whichever date occurs
  later.
         SECTION 4.  The change in law made by this Act applies only
  to an application for a protective order that is filed on or after
  the effective date of this Act. An application for a protective
  order filed before the effective date of this Act is governed by the
  law in effect on the date the application is filed, and the former
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 789 passed the Senate on
  April 7, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 789 passed the House, with
  amendment, on May 23, 2011, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor