80th Legislative Session

The following report summarizes some of the important legislative developments relating to family violence.

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80th Legislative Report

The following report will summarize some of the important legislative developments relating to family violence from the most recent Texas legislative session. It is worth noting that almost 1,500 bills were passed by the Legislature, and TCFV is unable to review and analyze them all. We are reporting on the legislation with the most significant impact on family violence issues, but there certainly may be other legislation that is of interest to individual victims, their families or family violence service providers. The 1,500 bills that were passed are only a small fraction of the more than 6,000 bills that were filed this session. In light of those statistics and the fact that the legislative process is designed to make it difficult for new legislation to pass, we are very pleased with the fact that five of TCFV’s six legislative priority items did indeed pass AND that funding for family violence and BIPP services has been maintained or increased. No matter what the results of any legislative session, the process requires considerable efforts by many people. TCFV is very, very grateful to the efforts of its Board of Directors, its Public Policy Committee and to the many family violence advocates and survivors who took time out of their lives to participate in the legislative process. We could not do our work without you. Thank you!

TCFV Legislative Priorities

Funding for family violence services adopted at $48 million for the biennium, a $2 million increase over last biennium.

Thanks to the considerable efforts of family violence advocates all over the state who sent in Purple Postcards, came to Capitol Day, and made phone calls to their legislators, we were able to secure an additional $2 million for family violence services. This appropriation maintains the funding for core services ($46 million for the biennium) and adds $2 million for prevention programs and transitional support services, such as housing and legal representation. Senators Jane Nelson (R-Lewisville) and Judith Zaffirini (D-Laredo) and Representatives John Davis (R-Houston) and Dan Gattis (R-Georgetown) were instrumental in supporting this increase in funding.

Funding for Battering Intervention and Prevention Programs maintained at $2.5 million for the biennium.

We continue to be grateful that funding for battering intervention and prevention programs (BIPPs) has been maintained at Texas Department of Criminal Justice J. Senator John Whitmire (D-Houston) and Representative Sylvester Turner (D-Houston) were champions for the BIPP funding.

Require accreditation of BIPPs.

SB 44. Authors: Senators Jane Nelson (R-Lewisville) and Florence Shapiro (R-Plano); Sponsor: Rep. Yvonne Gonzalez- Toureilles (D-Alice)

Under this new law, judges who refer batterers to an intervention or treatment program as a condition of probation or a protective order will be required, starting September 1, 2009, to refer those batterers only to a program that has been accredited by the Texas Department of Criminal Justice (TDCJ) or, if an accredited program is unavailable, to a professional who has received training approved by TDCJ. The intention is to ensure that all programs and professionals working with batterers meet consistent standards across the State relating to victim safety and batterer accountability. TDCJ is required to adopt guidelines for the accreditation process by April 1, 2008. Though the Legislature did not make an appropriation to TDCJ specifically to fund the accreditation process, the law prohibits TDCJ from using the standard $2.5 million BIPP appropriation (see above) for accreditation, meaning that that funding will continue to be used for contractswith BIPP providers.
Amends Articles 42.12, 42.141 of the Texas Code of Criminal Procedure and Section 85.022 of the Texas Family Code. Effective September 1, 2007.

Require school districts to adopt teen dating violence policies.

HB 121. Author, Rep. Dawnna Dukes (D-Austin); Sponsor, Sen. Juan Hinojosa (D-McAllen)

This legislation expands existing laws regarding public school safety so that schools may have effective policies and tools to better address the needs of students experiencing violence and abuse within teen dating relationships. This legislation will require school districts to address teen dating violence as part of the district improvement plans that they are already required to develop and would require that those policies address safety planning, enforcement of protective orders, school based alternatives to protective orders, training for teachers and administrators, counseling for affected students and awareness education for students and parents.
Adds Section 37.0831 to Subchapter C, Chapter 37, of the Texas Education Code. Effective May 18, 2007.

Expand unemployment compensation to better benefit victims of family violence.

HB 550. Author, Rep. Dawnna Dukes (D-Austin); Sponsor, Sen. Judith Zaffirini (D-Laredo)

This legislation amends the current eligibility requirements for unemployment compensation so as to better meet the Legislature’s intent to afford victims of family violence and stalking this option when they have no choice but to leave their jobs. Previously victims of family violence who were forced to leave their jobs as a result of the violence had to prove they were in fact victims by providing a medical report, police report AND a protective order. This legislation simply changes the AND to an OR thereby expanding the eligibility requirements and thus allowing more victims to qualify. Under this legislation, only one of the above three documents would be required for a victim to take advantage of this opportunity.
Amends Section 204.022 of the Texas Labor Code. Effective June, 15 2007.

Create a state-run address confidentiality program (ACP) for victims of domestic violence.

SB 74. Author, Sen. Eddie Lucio, Jr. (D-Brownsville); Sponsors, Rep. Ryan Guillen (D-San Diego) and Rep. Veronica Gonzales (D-McAllen)

Safety planning with victims of family violence often involves keeping one’s address and whereabouts confidential. Increasingly, abusers have access to technology that enables them to track their victims and continue to threaten their safety. As a result, the mail has become one of the main methods that abusers utilize to stalk and otherwise continue abusing victims. The address confidentiality program (ACP) will create a legal avenue for victims of family violence to keep their residential, business, and/or school address out of public record through a mail forwarding system operated by the Office of the Attorney General.

Additionally, HB 172 by Rep. Raymond (D-Laredo) was amended onto SB 74 and creates the option for victims of family violence to keep their personally identifying information confidential by using a pseudonym when interacting with law enforcement as the result of an assault against them. The pseudonym would be incorporated into all public files and records concerning the offence including police reports, press releases and records of judicial proceedings.
This bill adds the following new statutes to the Texas Code of Criminal Procedure: Chapter 56, Subchapter C and Chapter 57B. Also amends the Election Code. Effective June, 15 2007.

Give notice given to certain offenders of prohibitions under federal and state law.

SB 1470. Author: Sen. Kel Seliger (R-Amarillo); Sponsor: Rep. Dawnna Dukes (D-Austin)

This legislation will require the court to notify family violence offenders of the firearms and ammunition prohibition. Texas had to clarify this in order for the State to continue to receive VAWA funds and to meet the new VAWA requirements about firearms prohibition notice. This legislation allows for this critical certification to be made before the January 5, 2008 deadline enacted through VAWA. As a result of SB 1470, Texas will continue to receive approximately $7 million in federal funding for programs addressing family violence and other violence against women.
Amends Article 26.13 of the Texas Code of Criminal Procedure and adds article 42.0131 to the Texas Code of Criminal Procedure. Becomes effective September 1, 2007.

Add strangulation to the definition of “serious bodily injury”. DID NOT PASS

SB 45. Author: Sen. Jane Nelson (R-Lewisville)

In domestic violence cases, strangulation is highly correlated with an increased risk of lethality. However, in many parts of the State the penalties associated with strangulation do not reflect the seriousness of the crime. TCFV worked very closely with Sen. Nelson to amend the statute in order to give prosecutors more direction in seeking higher penalties for those offenses. Although SB 45 was left pending in the Senate Criminal Justice Committee we feel the introduction of this bill has paved the way for ongoing discussions with the Texas District and County Attorneys’ Association and law enforcement groups to emphasize the lethality of strangulation within the context of domestic violence and we are hopeful that improved trainings and prosecutions will be the result of this dialogue.

In addition to TCFV’s legislative priorities approved by TCFV’s Board of Directors, there were additional bills of interest to victims of family violence and the programs that serve them. Again, while there certainly may be other legislation that is of interest to individual victims, their families or family violence service providers, we are reporting on the legislation with the most significant impact on family violence issues.

Other Items Of Interest

Denial of bail to a person who violates an EPO, TEXPO (if it has been served), a 2-year PO or a condition of bond.

HB 3692 and HJR 6. Author: Rep. Joe Straus (R-San Antonio); Sponsor: Sen. Jeff Wentworth (R-San Antonio)

Current law provides for detention without bond in felony cases under certain circumstances, but not in circumstances involving misdemeanors. This legislation allows for denial of bail to a person who violates an emergency protective order issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order, including a temporary ex parte order, which has been served on the person. Because it relates to bail, this legislation requires an amendment to the Texas Constitution in order to take effect.
Amends Section 25.07, Penal Code and Chapter 17, Code of Criminal Procedure. Becomes effective January 1, 2008, contingent upon passage by Texas voters of the constitutional amendment.

Provide free police reports to victims family violence.

HB 2210. Author: Rep. Valinda Bolton (D-Austin); Sponsor: Sen. Rodney Ellis (D-Houston)

This legislation allows a victim of an incident of family violence to request a free police report from the law enforcement agency responsible for investigating the incident.
Amends Chapter 2 of the Texas Code of Criminal Procedure by adding Article 2.30 and also amends Article 5.05 of the Code of Criminal Procedure. Becomes effective September 1, 2007

Repealing the unconstitutional portion of the family protection fee.

HB 764. Author: Rep. Harold Dutton (D-Houston); Sponsor: Sen. Royce West (D-Dallas)

Also known informally as the “divorce filing fee”, the family protection fee was enacted in 2003, enabling counties to require a filing fee of up to $15 on each divorce petition and to use the proceeds for certain types of services provided in that county, including but not limited to, family violence services. In 2005, that fee was amended in ways that the Office of the Attorney General later deemed to be unconstitutional. In this session, the Legislature repealed the unconstitutional portion, such that the $15 fee has now gone back to its original purposes.
Amends Section 51.961 of the Texas Government Code. Effective June, 15 2007.

Make crime victim’s identifying information confidential and not subject to disclosure under the Public Information Act.

HB 1042. Authors: Rep. Aaron Pena (D-Edinburg) and Rep. David Leibowitz (D-San Antonio); Sponsor: Sen. Glenn Hegar (R-Katy)

Under current law, a crime victim must elect to have the victim’s identifying information made confidential, and no provision exists for a crime victim’s claimant to make such a choice. H.B. 1042 makes identifying information of crime victims or claimants confidential and not subject to disclosure under the Public Information Act which could be advantageous to victims of family violence who are also applying for and receiving crime victim’s compensation.
Amends Section 552.132, of the Texas Government Code. Becomes effective September 1, 2007.

Authorize school districts to issue high school diplomas posthumously to students who attended high school in the district and were victims of criminal homicide during the school year.

HB 1563. Author: Rep. Valinda Bolton (D-Austin); Sponsor: Sen. Eliot Shapleigh (D-El Paso)

This bill was inspired by the death of Jennifer Crecente who was killed by her boyfriend in South Austin on February 15, 2006. Three months after her death, with her graduation day approaching, the Crecente family received a certificate for Jennifer’s 12 years of work and dedication in furthering her education. Unfortunately, students who have died before completing all required courses are not eligible to be awarded a high school diploma. This bill requires a school district, on request of the student’s parent, to issue a high school diploma posthumously to each student who attended high school at grade level 12 and who was the victim of criminal homicide during that school year.
Amends Subchapter B, Chapter 28, of the Texas Education Code, by adding Section 28.0254. Becomes effective September 1, 2007.

Require school districts to incorporate a parenting and paternity awareness program, developed by the State Board of Education in conjunction with the Office of the Attorney General, into the high school health curriculum.

HB 2176. Author: Rep. Joseph Deshotel (D-Beaumont); Sponsor: Sen. Royce West (D-Dallas)

This bill requires use the Parenting and Paternity Awareness Program (P.A.P.A.) in the high school health curriculums.The program will be required to address parenting skills and relationship skills. Additionally, the program must address skills relating to the prevention of family violence if that district high school does not have a family violence prevention program.
Amends Section 28.002, of the Texas Education Code, by adding Subsection (p). Becomes effective September 1, 2007

Require offenders who are court ordered to attend a BIPP to complete the BIPP no later than the 30th day before the first anniversary of the date the protective order was issued.

HB 3593. Author: Rep.Richard Raymond (D-Laredo); Sponsor: Sen. Judith Zaffirini (D-Laredo)

A person who is found to have committed family violence and who is a respondent in a protective order is required to file an affidavit indicating commencement of a counseling program (BIPP) and must also file an affidavit to certify program completion due within 30 days of the expiration date of the protective order. This bill requires an offender to file a completion affidavit with the court within 30 days of the expiration of the protective order or not later than the 30th day before the first anniversary of its issuance, whichever date is earlier. This will limit the time during which an offender could complete court-ordered counseling to one year from the time a protective order is issued.
Amends Section 85.024(a) of the Texas Family Code. Becomes effective September 1, 2007.

Enables judges to issue an official verification, or judicial finding, that a victim is truly a victim of a severe form of trafficking, as defined by federal law.

HB 1121. Author: Rep. Rafael Anchia (D-Dallas); Sponsor: Sen. Leticia Van de Putte (D-San Antonio)

This will benefit those victims who are apprehensive in aiding in the prosecution of their perpetrators, by making it easier to prove they are a victim of a severe form of trafficking–e.g., minors or sex slave trade victims.
Amends Chapter 42, Code of the Texas Criminal Procedure, by adding Article 42.0191. Effective June, 15 2007.

Require judicial training for certain judges by the court of criminal appeals to include at least four hours of training dedicated to issues related to child abuse and neglect.

HB 3505. Author: Rep.Will Hartnett (R-Dallas); Sponsor: Sen. Royce West (D-Dallas)

This bill adds four hours to judges’ training in their first four years of service and requires that the new hours be dedicated to issues of child abuse and neglect. Additionally, this bill increases the required judges’ training for each additional four years of service from three hours to five hours and requires that the extra two hours be dedicated to child abuse and neglect. This bill does not change the fact that judges are required to have six hours of dedicated training in the dynamics of family violence, available counseling resources for victims and offenders and gender bias in the judicial process.
Amends Section 22.110 of the Texas Government Code. Becomes effective September 1, 2007.

Provide minimum qualifications for persons who conduct social studies and guidelines for the evaluation of those persons.

HB 772. Author: Rep. Harold Dutton (D-Houston); Sponsor: Sen. Chris Harris (R-Arlington)

This bill establishes a definition of Social Study and Social Study Evaluator and establishes minimum qualifications for the Evaluator which include a Bachelor’ s degree plus license as a social worker, professional counselor, marriage & family therapist or psychologist and 2 years of full time experience under supervision or that the evaluator be employed by a domestic relations office. Additionally, the evaluator must complete 8 hours of family violence dynamics training provided by a family violence service provider comparable to the training required of parenting coordinators.
Amends Subchapter D, Chapter 107 of the Texas Family Code, by adding Section 107.0501. Becomes effective September 1, 2007.

Authorizes a victim of a sexual or aggravated sexual assault offense to obtain a lifetime protective order against the offender who victimized the individual.

HB 1998. Author: Rep. Armando Martinez (D-Weslaco); Sponsor: Sen. Juan Hinojosa (D-McAllen)

This bill authorizes a person who is the victim of indecency with a child or a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of such an offense, to file an application for a lifetime protective order without regard to the relationship between the applicant and the alleged offender.
Amends Article 7A.03 of the Texas Code of Criminal Procedure. Becomes effective September 1, 2007.

Authorize a magistrate to issue an emergency protective order for a victim of sexual assault.

SB 584. Author: Sen.John Carona (R-Dallas) Sponosor: Rep. Aaron Peña (D-Edinburg)

This bill authorizes magistrates to issue emergency orders of protection (MOEPs) following an arrest for the offense of sexual assault. Current law authorizes a magistrate to issue an order for emergency protection for a victim of family violence or stalking. This bill will provide critical and immediate protection for the victim while the victim seeks to obtain a more formal temporary ex parte or standard protective order.
Amends Article 17.292(a), Code of Criminal Procedure. Effective May 11, 2007.

Require the Texas School Safety Center to develop a program that all Texas school districts can use on a permissive basis to inform students and their parents about online safety.

SB 136. Author: Sen. Jane Nelson (R-Lewisville) Sponsor: Rep. Dan Branch (R-Dallas)

This bill requires the Texas School Safety Center, in cooperation with the Office of the Attorney General, to develop a program that provides instruction concerning Internet safety. The program will also include instruction on the potential dangers of disclosing personal information online, how to report an inappropriate online solicitation, and certain actions to take in relation to online bullying or threats occurring over the Internet.
Amends Subchapter G, Chapter 37, Education Code, by adding Section 37.217. Effective June, 15 2007

Sexual Assault Legislation

The Texas Association Against Sexual Assault had a very successful session. TAASA worked to ensure passage of legislation that:

  • makes emergency protective orders available to victims of sexual assault (see above);
  • requires law enforcement to collect and report specific information about sexual assault for statewide data collection, analysis and reporting; and
  • establishes an adult entertainment fee to finance sexual assault-related services.

In addition, another of TAASA’s agenda items — elimination of the statute of limitations for child sexual abuse — was passed into law as a part of House Bill 8, “Jessica’s Law.”

Because so many advocates serve both survivors of family violence and survivors of sexual assault, we urge you to contact TAASA for more information on legislation of unique importance to sexual assault survivors.

Thank You!

The Texas Council on Family Violence thanks all members of the Senate Finance Committee and the House Appropriations Committee, as well as all members of the TCFV Public Policy Committee and everyone who attended the TCFV/TAASA Lobby Day on February 14. Finally, there are many of you, far too many to name, who have assisted by making phone calls to legislators and otherwise assisting in TCFV’s legislative efforts. It is an honor to represent family violence advocates and survivors at the Capitol and our efforts are only successful because of your commitment and support!

TCFV Thanks Legislators and Capitol Staff:

Governor Rick Perry
Lt. Governor David Dewhurst

Senator Kip Averitt
Senator John Carona
Senator Bob Deuell
Senator Robert Duncan
Senator Rodney Ellis
Senator Kevin Eltife
Senator Troy Fraser
Senator Glenn Hegar
Senator Juan Hinojosa
Senator Kyle Janek
Senator Eddie Lucio, Jr.
Senator Jane Nelson
Senator Steve Ogden
Senator Kel Seliger
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Leticia Van de Putte
Senator Kirk Watson
Senator Royce West
Senator John Whitmire
Senator Tommy Williams
Senator Judith Zaffirini
Representative Alma Allen
Representative Valinda Bolton
Representative Dan Branch
Representative Betty Brown
Representative Fred Brown
Representative Norma Chavez
Representative Warren Chisum
Representative Ellen Cohen
Representative Myra Crownover
Representative Drew Darby
Representative John Davis
Representative Dawnna Dukes
Representative Harold Dutton, Jr.
Representative Craig Eiland
Representative Kirk England
Representative Jessica Farrar
Representative Joe Ferias
Representative Dan Gattis
Representative Veronica Gonzales
Representative Yvonne Gonzalez-Toureilles
Representative Ryan Guillen
Representative Linda Harper-Brown
Representative Ana Hernandez
Representative Chuck Hopson
Representative Carl Isett
Representative Jim Jackson
Representative Ruth Jones McClendon
Representative Lois Kolkhorst
Representative Borris L. Miles
Representative Eddie Lucio III
Representative Jim McReynolds
Representative Jose Menendez
Representative Rick Noriega
Representative John Otto
Representative Aaron Pena
Representative Debbie Riddle
Representative Mark Strama
Representative Larry Taylor
Representative Sylvester Turner
Representative Corbin Van Arsdale
Representative Allen Vaught
Representative John Zerwas
Representative Valinda Bolton
Representative Dan Branch
Representative Betty Brown
Representative Fred Brown
Representative Norma Chavez
Representative Warren Chisum
Representative Ellen Cohen
Representative Myra Crownover
Representative Drew Darby
Representative John Davis
Representative Dawnna Dukes
Representative Harold Dutton, Jr.
Representative Craig Eiland
Representative Kirk England
Representative Jessica Farrar
Representative Joe Ferias
Representative Dan Gattis
Representative Veronica Gonzales
Representative Yvonne Gonzalez-Toureilles
Representative Ryan Guillen
Representative Linda Harper-Brown
Representative Ana Hernandez
Representative Chuck Hopson
Representative Carl Isett
Representative Jim Jackson
Representative Ruth Jones McClendon
Representative Lois Kolkhorst
Representative Borris L. Miles
Representative Eddie Lucio III
Representative Jim McReynolds
Representative Jose Menendez
Representative Rick Noriega
Representative John Otto
Representative Aaron Pena
Representative Debbie Riddle
Representative Mark Strama
Representative Larry Taylor
Representative Sylvester Turner
Representative Corbin Van Arsdale
Representative Allen Vaught
Representative John Zerwas
Kacey Baccus
Nicole Bates
Alison Brock
Karla Buitrago
Christopher Burnett
Jerry Caldwell
Jo Cassandra Cuevas
Perla Cavasos
Larence Coleman
Lisa Craven
Daniel Deslatte
Shannon Dick
Lauren Doss
Brandon Dudley
Jay Dyer
Joe Dyer
Don Forse
Camille Foster
Jenni Franks
Ahmad Goree
Jerry Haddican
Elizabeth Hartman
Sean Haynes
Kathleen Hill
James Lampley
Elizabeth Lippincott
Ricardo Lopez-Guerra
Blanca Madriz
Ann McGeehan
Bryan McMath
Bob McVey
Lizette Montiel
Ginger Murray
Stephanie Muth
Dave Nelson
Lillian Ortiz
Stacey Pearson
Athena Ponce
Simeon Popoff
David Quin
Heather Ragsdale
Joy Rawls
Melissa Rosser
Nelson Salinas
Barbara Salyers
Arleen Sanchez
Will Seilheimer
Courtney Shea Yantis
Larkin Tackett
Mary Throop
Tommy Tynes
Kate Volti
Meghan Weller
Lara Wendler
Brent Whitaker
Pete Winckler

TCFV Thanks Advocates

Lyndia Allen
Karen Amaker
Nicole Avey
Julie Balovich
Don Baylor
Rebecca Berhardt
Bronwyn Blake
Donna Bloom
Jann Brown
Pam Brown
Torie Camp
Patricia Castillo
Joyce Coleman
Shelli Collins
Patty Conner
Lovika De Koninck
Cheryl Dowell
Connie Dye
Cindy Dyer Ankele
Shannon Edmonds
Susan Farris
Katchina Fletcher
Paige Flink
Maricarmen Garza
Tom Gaylor
Erin Goodison
Celia Hagert
Kirsha Haverlah
Stella HernandeMary Throop
Tommy Tynes
Kate Volti
Meghan Weller
Lara Wendler
Brent Whitaker
Pete Winckler

TCFV Thanks Advocates

Lyndia Allen
Karen Amaker
Nicole Avey
Julie Balovich
Don Baylor
Rebecca Berhardt
Bronwyn Blake
Donna Bloom
Jann Brown
Pam Brown
Torie Camp
Patricia Castillo
Joyce Coleman
Shelli Collins
Patty Conner
Lovika De Koninck
Cheryl Dowell
Connie Dye
Cindy Dyer Ankele
Shannon Edmonds
Susan Farris
Katchina Fletcher
Paige Flink
Maricarmen Garza
Tom Gaylor
Erin Goodison
Kathy Hutto
Anita Jung
Eileen Kelley
Sherri Kendall
Kelly Knight
Jan Langbein
Cheri Lee
Mary Lee Hafley
Joe Love Nelson
Amitiss Mahvash
Susan McDowell
Amy Mills
Jennifer Morrison
Carolyn Moseley
Sherry Murphy
Kitty Olde
Catherine Olde,
Kimberly Piechowiak
Jackie Pontello
Laura Pressley
Julia Raney
Barri Rosenbluth
Jason Sabo
Courtney Sanchez
Shannon Sandrea
Lupe Silva
Andrea Sloan
Julia Spann
Gloria Terry
Chief Harold Thomas
Harold Thomas
Tish Times
Kim Vickers
Mel Waxler
Launi Webb
Kelly Young
Peggy Zaongo Kathy Hutto
Anita Jung
Eileen Kelley
Sherri Kendall
Kelly Knight
Jan Langbein
Cheri Lee
Mary Lee Hafley
Joe Love Nelson
Amitiss Mahvash
Susan McDowell
Amy Mills
Jennifer Morrison
Carolyn Moseley
Sherry Murphy
Kitty Olde
Catherine Olde,
Kimberly Piechowiak
Jackie Pontello
Laura Pressley
Julia Raney
Barri Rosenbluth
Jason Sabo
Courtney Sanchez
Shannon Sandrea
Lupe Silva
Andrea Sloan
Julia Spann
Gloria Terry
Chief Harold Thomas
Harold Thomas
Tish Times
Kim Vickers
Mel Waxler
Launi Webb
Kelly Young
Peggy Zaongo

The Texas Council on Family Violence promotes safe and healthy relationships by supporting service providers, facilitating strategic prevention efforts, and creating opportunities for freedom
from domestic violence.

79th Legislative Report | Appropriations

Funding for family violence services adopted at $46 million for the biennium, a $2 million increase over last biennium. Family violence advocates went into this session with significant concerns about whether funding could be maintained for family violence services. Previously, the bulk of the State funding for family violence services had come from the Crime Victims’ Compensation Fund, but there were issues with the solvency of that fund — expenditures going out faster than revenues coming in was chipping away very quickly at what had once been a significant surplus in the Fund. The Legislature was able to find other sources of funding to support family violence services and even funded an additional $2 million to increase access to family violence services statewide. Senators Judith Zaffirini (D-Laredo) and Jane Nelson (R-Lewisville) and Representatives Vilma Luna (D-Corpus Christi), John Davis (R-Houston) and Dawnna Dukes (D-Austin) were instrumental in supporting this increase in funding.

Funding for Battering Intervention and Prevention Programs maintained at $2.5 million for the biennium.

We began this session with a draft budget that eliminated funding for Battering Intervention and Prevention Programs (BIPPs). With the help of advocates and the leadership of certain members of the House Appropriations Committee and Senate Finance Committee who understand the value of these programs, we saw that funding was restored by the end of the session at the same level as in the past biennium. Senators John Whitmire (D-Houston), Florence Shapiro (R-Plano) and Kip Averitt (R-McGregor) and Representative Sylvester Turner (D-Houston) were champions for the BIPP funding.

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.

Criminal Law

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 effective
September 1, 2005.

Notice to prosecutor before bail is reduced.

SB 56. Author, Sen. Jane Nelson (R-Lewisville); Sponsor, Rep. Elvira Reyna (R-Mesquite)

Inspired by an egregious family violence case in the Dallas-Fort Worth area a few years ago, this legislation requires that before a judge can reduce the bail charged to a defendant in certain violent crimes, the judge must give notice to the prosecutor
and the prosecutor can request a hearing on the bail reduction. This will provide the ability to better protect and inform victims of violent crimes.
Adds Article 17.091 to the Texas Code of Criminal Procedure. Becomes effective September 1, 2005.

Protective Orders

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 clearly
in the statute that agreed protective orders are civilly and criminally enforceable.
Amends §85.005 of the Texas Family Code. Effective immediately.

Protective orders may be appealed in certain circumstances.

HB 260. Author, Rep. Toby Goodman (R-Arlington); Sponsor, Sen. Kip Averitt (R-McGregor)

The ability to appeal issuance of protective orders was controversial this session and was not supported by TCFV. The opinions of advocates and prosecutors about the implications of appealing protective orders for victims of family violence were
somewhat mixed, but mostly opposed. While the end result would not have been our preference overall, we are pleased that the appeal of protective orders provision was amended by Senator Hinojosa (D-McAllen) to provide some greater protection to
victims who are engaged in divorce or custody actions. Under this legislation, the issuance of a protective order may now be appealed. However, if the parties to the protective order are engaged in a divorce or custody action, the appeal of the protective order may not be taken until the divorce or custody action is complete.
Adds §81.009 to the Texas Family Code. Effective immediately, for protective orders issued after the bill passed.

Magistrates’ Orders of Emergency Protection (MOEPs) can last up to 91 days.

SB 1275. Author, Sen. Mike Jackson (R-La Porte); Sponsor, Rep. John Davis (R-Houston)

This legislation extends the possible term of a MOEP from 61 to 91 days in cases involving the use or exhibition of a deadly weapon during the commission of an assault.
Amends Article 17.292 of the Code of Criminal Procedure. Effective immediately.

Family Law

Reforms to Child and Adult Protective Services.

SB 6. Author, Sen. Jane Nelson (R-Lewisville); Sponsor, Rep. Suzanna Gratia Hupp (R-Lampasas)

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.

Allowing for “parenting coordinators” in contentious custody matters and requiring those coordinators to have training in the dynamics of family violence.

HB 252. Author, Rep. Toby Goodman (R-Arlington); Sponsor, Sen. Chris Harris (R-Arlington)

The bill allows, but does not require, the use of “parenting coordinators” to help develop a “parenting plan” (formerly known as conservatorship agreements) in contentious custody actions. Originally, this bill did not address family violence at all,
but when TCFV raised concerns, the bill’s proponents and author, Rep. Toby Goodman (R-Arlington) were agreeable to changes in the bill to address family violence. The bill now provides that if family violence is an issue, a party may object to the involvement of a parenting coordinator (similar to the objection that can be made to ordering mediation in cases involving family violence). Unless a hearing is requested on such an objection and the objection is found to be without merit, a judge will not order parties to work with the parenting coordinator or to be involved in any mediation-type process if there is family violence. Also, the bill now requires that anyone seeking to serve as a parenting coordinator must have at least eight hours of training in family violence dynamics by a family violence service provider.
Adds Subchapter J to Chapter 153 of the Family Code. Effective September 1, 2005.

Judges may decline to enter mediated settlements in custody cases if family violence has affected the ability of the victim to make good judgments in the mediation and if the settlement is not in the child’s
best interest.

HB 260. Author, Rep. Toby Goodman (R-Arlington); Sponsor, Sen. Kip Averitt (R-McGregor)

The law currently allows for a party to a custody action to object to being ordered to mediation if family violence is involved. This policy recognizes that family violence is inherently a serious imbalance of power that defeats the very concept of
mediation and that having to be in a mediation setting – less formal and more intimate than a courtroom, typically – with the batterer may potentially endanger the victim. This new provision allows that if for some reason, perhaps the failure to object, parties have gone through mediation and developed a settlement, the judge may refuse to enter that settlement as an order if the judge finds that one party was a victim of family violence and “that circumstance impaired the party’s ability to make decisions” and the resulting settlement is not in the child’s best interest.
Amends §153.0071 of the Texas Family Code. Effective September 1, 2005, for custody actions filed after that date.

Revision of language in the Family Code

HCR 153. Author, Rep. Harold Dutton (D-Houston); Sponsor, Sen. Royce West (D-Dallas)

This resolution orders that between now and the next legislative session, the Texas Legislative Council (the lawyers who draft all legislation at the Capitol) schedule a revision of the Texas Family Code to use neutral terms such as “parenting plans” and “parenting time” and eliminate use of terms such as “managing conservator” and “possessory conservator”. This is apparently a national trend toward language that is arguably clearer and more neutral. TCFV will try to follow the revision of the Family Code as it happens over the interim.

TCFV THANKS
LEGISLATORS & CAPITOL STAFF

Governor Rick Perry
Lt. Governor David Dewhurst
Senator Kip Averitt
Senator Robert Duncan
Senator Juan “Chuy” Hinojosa
Senator Eddie Lucio
Senator Jane Nelson
Senator Steve Ogden
Senator Florence Shapiro
Senator Jeff Wentworth
Senator John Whitmire
Senator Judith Zaffirini
Representative Fred Brown
Representative Norma Chavez
Representative John Davis
Representative Dawnna Dukes
Representative Dan Gattis
Representative Yvonne Gonzales-Toureilles
Representative Ryan Guillen
Representative Lois Kolkhorst
Representative Vilma Luna
Representative Elliott Naishtat
Representative Melissa Noriega
Representative Jim Pitts
Representative Debbie Riddle
Representative Eddie Rodriguez
Representative Patrick Rose
Representative Mark Strama
Representative Sylvester Turner
Theresa Leftwich Lisa Levine
ML Calcote
Katharine Chambers
Linda Chrystofilis
Colin Coe
Larance Coleman
Matt de Ferranti
Danielle Delgadillo
Shannon Dick
Joe Dyer
Damian Duarte
Paul Emerson
Jonathan English
Don Green
Jerry Haddican
Joy Hughes
Robert McVey
Joshua Meeks
Dave Nelson
David Quin
Ian Randolph
Claudia Russell
Nelson Salinas
Candice Smith
Jennifer Thompson
Mary Throop
Nancy Walker
Brent Whitaker

TCFV thanks all members of the Senate Finance Committee and the House Appropriations Committee, TCFV Public Policy Committee and everyone who attended the TCFV/TAASA Lobby Day on February 14th, you are far too many to name. Thanks to those who have assisted by making phone calls to legislators and otherwise. Thank you all.
Jann Brown
Pam Brown
Torie Camp
Lawrence Collins
Patty Connors
Corie Cormie
Troy Cotton
Annalynn Cox
Anne Crews
Ally Crowley
Judge Mike Denton
Robert Doggett
Cindy Dyer
Shannon Edmonds
Aimee Edwards
Paige Flink
MariCarmen Garza
Tom Gaylor
Nancy Gonzales
Erin Goodison
JD Granger
Kathy Hutto
Marla Johnson
Sarah Kihneman
Jan Langbein
Theresa Lauderdale
Claudia Briseno
Lisa Levine
Rebecca Lightsey
Chris Lippincott
Laura Mauro
Susan McDowell
David Mintz
Shannon Noble
Danny Perez
Jackie Pontello
Laura Pressley
Barri Rosenbluth
Jason Sabo
Shannon Sandrea
Catrina Steinocher
Harold Thomas
Kim Vickers
Jane Waters
Kelly Young


TCFV THANKS ADVOCATES