- Housing Lease termination without penalty for victims of family violence who have protective orders.
SB 1186. Author, Sen. Jane Nelson (R-Lewisville); Sponsors, Rep. Ryan Guillen (D-Rio Grande City) and Rep. Melissa Noriega (D-Houston)
This legislation allows a victim of family violence who has been living with her batterer and who has a protective order under Chapter 85 of the Family Code or a temporary injunction under Chapter 6 of the Family Code to terminate her lease without penalty, if she needs to leave home in order to be safe. This legislation was the subject of considerable negotiation and ultimately had the full support of two interest groups without whom the bill would not have passed: the Texas Low-Income Housing Information Service and the Texas Apartment Association. Of the legislation that passed this session affecting policies on family violence, this is, perhaps, the most significant of all. Only a handful of other states have such legislation, and we are very pleased that Texas is now among them. Victims of family violence will now be able to leave a rental property without fear of the economic consequences in early termination penalties or bad credit history that could previously have hindered their ability to move on to independence.
Adds §92.016 to the Texas Property Code. Becomes effective January 1, 2006.
- Warrantless arrest for dating violence and offense enhancement for subsequent incidents of dating violence.
SB 91. Author, Sen. Juan “Chuy” Hinojosa (D- McAllen); Sponsor, Rep. Debbie Riddle (R-Tomball)
Previously adopted Texas law allowed law enforcement officials to make a warrantless arrest when they had probable cause to believe that an assault had been committed against a member of the person’s family or household. This included the narrow definition of “family violence” but did not include dating violence situations. With this legislation, dating violence is now included. Additionally, Texas law had provided that a subsequent offense of assault against a member of the family or household, after a prior conviction for the same, would be a more serious penalty than the first offense: a felony rather than a misdemeanor. Dating violence was not included in that offense enhancement, but now it is. Further, the statute providing for an increased penalty if it is a subsequent offense now also provides that previous convictions under similar laws in other states will cause the subsequent offense – even if it is the first in Texas – to be a felony rather than a misdemeanor.
Amends §§22.01 and 22.02 of the Texas Penal Code and Article 14.03 of the Texas Code of Criminal Procedure. Becomes effectiveSeptember 1, 2005.
- Agreed protective orders are both criminally and civilly enforceable.
HB 1059. Author, Rep. Elliott Naishtat (D-Austin); Sponsor, Sen. Jeff Wentworth (R-San Antonio)
Originally, some advocates had asked for legislation that would require judges to make findings of family violence in agreed protective orders (such findings are required in contested protective orders) in order to provide better protection for the victims. Law enforcement officials in some jurisdictions were reluctant to make arrests for violations of agreed protective orders because those orders did not include a finding that family violence had occurred. However, some District Attorneys’ offices, as well as some Legal Aid offices, expressed concern that if judges were required to make findings in agreed protective orders that some judges would no longer issue such orders or respondents would no longer agree to such orders and force every protective order to a hearing, resulting in possibly less protection to victims overall. So, a compromise was developed to provide clearlyin the statute that agreed protective orders are civilly and criminally enforceable.
Amends §85.005 of the Texas Family Code. Effective immediately.
- Reforms to Child and Adult Protective Services.
This was one of the most significant pieces of legislation this session. It was an issue designated an “emergency” by Governor Rick Perry (R- Texas). The legislation and accompanying appropriations allow for the hiring of thousands more caseworkers,which will lower the individual caseload for each worker. The bill also allows for privatization of case management and placement in the foster care system. There are far too many details to list in this brief summary, but among the most noteworthy is that knowingly making a false report of child abuse “with the intent to deceive” is now a felony, rather than a misdemeanor. This was in response to the belief held by some proponents of this bill that Child Protective Services is burdened by false reports of child abuse that are made in order to gain advantage in custody determinations. Additionally, the bill makes the Family Protection Fee (divorce filing fee) mandatory rather than discretionary, allows counties to increase it to $30, and requires that half of the fee must go to the child abuse and neglect prevention trust fund.
Amends §261.107 and many other sections of the Texas Family Code and other codes. Effective September 1, 2005.
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