Things in Austin have settled down a lot.  In fact, you may already know that your efforts in support of TCFV’s Legislative Agenda worked wonders.  All of the Agenda passed!  The Legislature and Governor Perry overwhelmingly supported family violence services and survivors in Texas.  Most of the Agenda bills have now become law as of September 1st (the exception being Lease Termination – SB 83 – which will take effect January 1, 2010). 

If you have a moment, please take a look at and consider downloading TCFV’s Legislative Update at www.tcfv.org.  The Update covers TCFV’s Agenda bills as well as other important family violence related legislation that passed this session.

Thanks for all of your help in making our efforts successful.

Although some may be critical of the success of the 81st Session, Texans can be proud that legislators in the house and the Senate overwhelmingly supported domestic violence legislation. Realizing the increasing need across the state, the legislature fully funded family violence programs.  The legislature also passed several key measures that will add significantly to the state’s response to family violence. In the coming weeks, I will post a summary of the great legislation passed during the session.

But for now, please find attached to this posting three op-ed pieces you might be able to use in your community to publicize the passage of three important pieces of legislation. SB 82 requires family violence offenders to pay a $100 fee to a local family violence center.  SB 83 allows victims of family violence and sexual assault to terminate their leases without adverse financial repercussions. HB 2066 makes intimate partner strangulation and suffocation chargeable as a felony level offense. 

Take a look at these pieces for a more complete summary and consider submitting them to your local newspaper.  Feel free to edit them as you please and to fit the needs of your local news outlets.  

Senate Bill 82
Senate Bill 83
House Bill 2066

Keeping Texas Families Safe: Appropriations for Family Violence Programs
SB1
Senate Bill 1 passed the House of Representatives, and is being sent to the Governor for signature. Within the General Appropriations bill, the Health and Human Services Commission (HHSC) requested $50.9 million to fund family violence programs across the state. The majority of this request–$48.5 million—represents level funding for core shelter and programmatic services; $2.5 million of the request would go for exceptional items funding. The Texas Department of Criminal Justice also requested $2.5 million to fund Texas’ Battering Intervention Prevention programs (BIPP). Senator Steve Ogden authored this legislation, and Representative Jim Pitts sponsored it in the House.

Making Offenders Accountable to Communities: Mandatory Probation Fees to Family Violence Programs
SB 82
Senate Bill 82, passed by the Senate and then the House of Representatives, is being sent to the Governor for signature. This change to Article 42.12 makes it mandatory that convicted family violence offenders pay a fee of $100 to family violence centers as a condition of probation. Senator Jane Nelson authored this legislation, and Representative Joe Moody sponsored it in the House. If signed by Governor Perry, the bill will take effect September 1, 2009.

Notice to Offenders: Federally Mandated VAWA Funding Compliance
SB1236
Senate Bill 1236, by Senator Kel Seliger, is now on its way to the Governor for signature. This measure amends current law relating to admonishments given to a person charged with a misdemeanor offense regarding the possible loss of their right to possess or purchase a firearm if they are convicted of certain offenses, including family violence. The Violence Against Women Act (VAWA) requires Texas to admonish defendants regarding this federal law in order for Texas to continue receiving VAWA grant money. Representative Dawnna Dukes authored the House version of this bill (HB1644), and sponsored the measure that passed. If signed by Governor Perry, the bill will take effect September 1, 2009.

Save Lives: Strangulation as an Enhance-able Third Degree Felony
HB2066
House Bill 2066, passed by the House and the Senate, is on its way to the Governor for signature. This measure amends Section 22.01 of the Penal Code to enhance the penalties for assaulting a family member by strangulation or suffocation to a third degree felony. Representatives Pete Gallego, Joe Moody, Valinda Bolton and David Leibowitz authored the legislation, with Representatives Eddie Lucio, III and Allen Vaught co-authoring. Senator Jane Nelson, along with Senator John Carona, is sponsoring the Senate version (SB1324). If passed by the Governor, the bill will take effect September 1, 2009.

Abduction Risk Factors Should No Longer Keep Victims from Following Safety Plans
SB491
Senate Bill 491, authored by Senators Royce West, Juan Hinojosa and Eliot Shapleigh, has passed the Senate and has been favorably reported out of House Judiciary and Civil Jurisprudence committee, and placed on the House General State Calendar. This measure would require a judge to consider whether certain activities by both parties of a child custody lawsuit indicating an abduction risk are related to a threat of family violence. Senator Carlos Uresti co-authored the bill, and Representative Roberto Alonzo is sponsoring it in the House. If successfully passed and signed by the Governor, the bill will take effect September 1, 2009.

Fostering Real System Change: Domestic Violence Fatality Review
HB3303
House Bill 3303 has passed both the House and the Senate, and is awaiting signature by the Governor. The bill, authored by Representative Carol Kent, amends the Health and Safety Code to establish immunity from subpoena for certain types of information gathered in an adult fatality review and investigation, including domestic violence fatality reviews. Senator Judith Zaffirini sponsored the Senate version of the bill (SB1872). If signed by Governor Perry, the bill will take effect September 1, 2009.

Other Family Violence Legislation
In addition to its legislative agenda, the TCFV policy team also has been lending support and working on several other items important to family violence legislation.

SB 83
Governor Rick Perry, on May 12, 2009, signed Senate Bill 83 into law. This measure allows victims of family violence and sexual assault to terminate lease agreements early without incurring financial penalties. The bill, authored by Senator Jane Nelson, and sponsored in the House by Representative Ryan Guillen, takes effect January 1, 2010. TCFV worked very closely with the Texas Association Against Sexual Assault and the Texas Apartment Association to make this legislation a reality.

HB72
House Bill 72, passed by the Senate, is being sent to the Governor for signature. HB72 eliminates the 60-day waiting period before a divorce is granted in cases where a spouse has been convicted of an act of family violence against the petitioner or the petitioner has obtained a protective order against the other spouse for an act of family violence. Senator Judith Zaffirini sponsored the Senate version (SB24). Representative Ryan Guillen authored the House version with Representatives Veronica Gonzales, Senfronia Thompson, Eddie Rodriguez and Valinda Bolton joining. If signed by Governor Perry, the bill will take effect September 1, 2009.

HB853
House Bill 853, passed by the House, was favorably voted out of the Senate’s Criminal Justice Committee, and is scheduled for a public hearing on May 21, 2009. This measure amends current law to include pets and other companion animals in protective orders granted to victims of family violence, and provides penalties. The bill was authored by Representatives Jodie Laubenberg, Eddie Rodriguez, Roland Gutierrez, David Leibowitz and Norma Chavez. Senator Carlos Uresti is sponsoring the Senate version of the bill (SB1840).

HB2240
House Bill 2240, passed the House, was favorably voted out of the Senate’s Criminal Justice Committee, and was scheduled for a public hearing on May 21, 2009. This measure provides that two or more domestic violence offenses occurring in a 12-month period are aggregated into a continuous violence against the family offense, punishable as a third degree felony. The bill was authored by Representative Tyron Lewis and co-authored by Representatives Allen Vaught, Joe Moody and Ryan Guillen. Senator Jane Nelson is sponsoring the Senate version of the bill.

SB843
Senate Bill 843, passed the Senate, was favorably voted out of the House Judiciary and Civil Jurisprudence Committee, is headed to the House floor for a vote. This measure amends the Family Code to include a reference to third parties in the definition of “dating violence,” therefore insuring that these third parties may protect themselves against violence in dating relationships and file for protective orders. Senator Carlos Uresti authored the bill. Co-authors include Senators Wendy Davis, Juan Hinojosa, Joan Huffman, Eddie Lucio, Jr., Leticia Van de Putte, Kirk Watson, Jeff Wentworth, Royce West, and Judith Zaffirini. Representatives Joaquin Castro, Trey Martinez-Fischer, Eddie Lucio III, Valinda Bolton, and David Leibowitz are sponsoring the bill on the House side, with co-sponsors Representatives Ryan Guillen, Marc Veasey and Abel Herrero. If approved by the House and signed by the Governor, the bill would take effect September 1, 2009.

HB2236
House Bill 2236, authored by Representatives Joe Moody, Will Hartnett, Solomon Ortiz, Jr., and David Leibowitz, passed the House and has been referred to the Senate Criminal Justice committee with a public hearing scheduled for May 21, 2009. This measure amends the Code of Criminal Procedure to require a court that considers, on request by the attorney representing the state, a motion for continuance on the part of a defendant, to also consider the impact of the continuance on the victim in cases of sexual assault or family violence. Senator Florence Shapiro authored a similar bill in the Senate (SB1380). If passed and signed by the Governor, the bill would take effect September 1, 2009.

Good afternoon everyone.

I just wanted to provide the status of Senate Bill 82 (Nelson).  This bill would require that a judge order family violence offenders who are sentenced to community supervision to pay a fee of $100, which goes to Family Violence programs in the jurisdiction.  This bill makes some important changes to CCP 42.12, by making this fee mandatory as opposed to leaving it to a judge’s discretion, and it also allows non residential centers to access this funding.  As funding gets tighter, this provides an opportunity for the offender to accept some responsibility and pay part of the costs that result from their bad behavior.

This bill passed the Senate on April 2 with a vote of 31 for and 0 against.  This was fantastic!

This bill was received by the House today.  I urge each of you to contact your representative and ask them to support his bill, and pass the information to your Staff, Board, Community Partners, and family, asking them to contact their representative as well.

I also want to thank Aaron Setliff and TCFV for working hard to help this get through the Senate, and of course Senator Jane Nelson (Flower Mound).

Glenn D. Stockard
Executive Director
Eastland County Crisis Center, Inc.

We have also been heavily involved in a partnership with the Texas Association Against Sexual Assault (TAASA) and the Texas Apartment Association (TAA) to afford survivors of sexual assault and dating violence the ability to terminate an apartment lease following victimization. This is Senator Jane Nelson’s Senate Bill 83.  We anticipate having survivors of both sexual assault and family violence address the committee and we will offer TCFV and TAASA representatives as resource witnesses. 

As I have mentioned in previous posts, if you want to take a look at any of these bills or track them as they progress, just click here and type in “SB” or “HB” and the corresponding bill number.

Senator Jane Nelson and Representative Pete Gallego agree that we must change the Penal Code to reflect the severity of strangulation.  In the coming weeks, they will be filing bills in the Senate and House which will make airway and blood flow constriction a third degree felony.  Keep an eye out for more information on this important measure.

Currently, the process for making decisions regarding the custody of children in divorce proceedings includes taking into account the risk of international abduction by either parent.  Such abduction risk factors include quitting a job, terminating a lease, hiding documents, and applying for a child’s birth certificate or medical records.  As advocates know, these actions are what we often encourage victims of family violence to do in safety planning.  Victims have suffered unfair and dangerous judicial decisions which penalize them for safety planning by awarding custody to batterers. 

Senators West, Hinojosa and Shapleigh have joined together to rectify this result by filing Senate Bill 491.  I will keep you posted as the bill progresses.  We anticipate it will be referred to committee in the coming weeks.