Relating to the issuance of certain protective orders for certain burglary offenses, the official text

H.B. No. 2596

AN ACT

relating to the issuance of certain protective orders for certain

burglary offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter A, Chapter 7B, Code of

Criminal Procedure, is amended to read as follows:

SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF CERTAIN SEXUAL

[ASSAULT OR ABUSE, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING,

OR BURGLARY OFFENSES

SECTION 2. Articles 7B.001(a) and (a-1), Code of Criminal

Procedure, are amended to read as follows:

(a) The following persons may file an application for a

protective order under this subchapter without regard to the

relationship between the applicant and the alleged offender:

(1) a person who is the victim of an offense under

Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,

42.072, or 43.05, Penal Code;

(2) a person who is the victim of an offense under

Section 30.02, Penal Code, that is punishable under Subsection

(c)(2) or (d) of that section;

(3) any adult, including a parent or guardian, who is

acting on behalf of a victim described by Subdivision (1) or (2), if

the victim is younger than 18 years of age or an adult ward; or

(4) [(3)] a prosecuting attorney acting on behalf of a

person described by Subdivision (1), [or] (2), or (3).

(a-1) Except as provided by Subsection (a-2), if an

application has not yet been filed in the case under Subsection (a),

the attorney representing the state shall promptly file an

application for a protective order with respect to each victim of an

offense listed in Subdivision (1) or (2) of that subsection

following the offender's conviction of or placement on deferred

adjudication community supervision for the offense.

SECTION 3. Article 7B.002(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If the court finds from the information contained in an

application for a protective order that there is a clear and present

danger of conduct described by Article 7B.001(a)(1) or (2) [sexual

assault or abuse, indecent assault, stalking, trafficking,] or

other harm to the applicant, the court, without further notice to

the alleged offender and without a hearing, may issue a temporary ex

parte order for the protection of the applicant or any other member

of the applicant's family or household.

SECTION 4. Articles 7B.003(a), (b), and (c), Code of

Criminal Procedure, are amended to read as follows:

(a) At the close of a hearing on an application for a

protective order under this subchapter, the court shall find

whether there are reasonable grounds to believe that the applicant

is the victim of an offense listed in Article 7B.001(a)(1) or (2)

[sexual assault or abuse, indecent assault, stalking, or

trafficking].

(b) If the court finds that there are reasonable grounds to

believe that the applicant is the victim of an offense listed in

Article 7B.001(a)(1) or (2) [sexual assault or abuse, stalking, or

trafficking], the court shall issue a protective order that

includes a statement of the required findings.

(c) An offender's conviction of or placement on deferred

adjudication community supervision for an offense listed in Article

7B.001(a)(1) or (2) constitutes reasonable grounds under

Subsection (a).

SECTION 5. Articles 7B.007(a-1) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a-1) The court shall issue a protective order effective for

the duration of the lives of the offender and victim if the offender

is:

(1) convicted of or placed on deferred adjudication

community supervision for an offense listed in Article 7B.001(a)(1)

or (2); and

(2) required under Chapter 62 to register for life as a

sex offender.

(b) The following persons may file at any time an

application with the court to rescind the protective order:

(1) a victim of an offense listed in Article

7B.001(a)(1) or (2) who is 18 years of age or older;

(2) subject to Subsection (b-1), a parent or guardian

acting on behalf of a victim of an offense listed in Article

7B.001(a)(1) or (2) who is younger than 18 years of age or an adult

ward; or

(3) a person not otherwise described by Subdivision

(1) or (2) who filed the application for the protective order.

SECTION 6. The heading to Article 56A.052, Code of Criminal

Procedure, is amended to read as follows:

Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN

SEXUAL [ASSAULT, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING, OR

BURGLARY OFFENSES.

SECTION 7. Article 56A.052(d), Code of Criminal Procedure,

is amended to read as follows:

(d) This subsection applies only to a victim of an offense

listed in Article 7B.001(a)(1) or (2) [under Section 20A.02,

20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05,

Penal Code]. A victim described by this subsection or a parent or

guardian of the victim, if the victim is younger than 18 years of

age or an adult ward, is entitled to the following rights within the

criminal justice system:

(1) the right to be informed in the manner provided by

Article 56A.0525:

(A) that the victim or, if the victim is younger

than 18 years of age or an adult ward, the victim's parent or

guardian or another adult acting on the victim's behalf may file an

application for a protective order under Article 7B.001;

(B) of the court in which the application for a

protective order may be filed;

(C) that, on request of the victim or, if the

victim is younger than 18 years of age or an adult ward, on request

of the victim's parent or guardian or another adult acting on the

victim's behalf, the attorney representing the state may, subject

to the Texas Disciplinary Rules of Professional Conduct, file the

application for a protective order on behalf of the requestor; and

(D) that, subject to the Texas Disciplinary Rules

of Professional Conduct, the attorney representing the state

generally is required to file the application for a protective

order with respect to the victim if the defendant is convicted of or

placed on deferred adjudication community supervision for the

offense;

(2) the right to:

(A) request that the attorney representing the

state, subject to the Texas Disciplinary Rules of Professional

Conduct, file an application for a protective order described by

Subdivision (1); and

(B) be notified in the manner provided by Article

56A.0525 when the attorney representing the state files an

application for a protective order under Article 7B.001;

(3) if the victim or the victim's parent or guardian,

as applicable, is present when the defendant is convicted or placed

on deferred adjudication community supervision, the right to:

(A) be given by the court the information

described by Subdivision (1), in the manner provided by Article

56A.0525; and

(B) file an application for a protective order

under Article 7B.001 immediately following the defendant's

conviction or placement on deferred adjudication community

supervision if the court has jurisdiction over the application; and

(4) if the victim or the victim's parent or guardian,

as applicable, is not present when the defendant is convicted or

placed on deferred adjudication community supervision, the right to

be given by the attorney representing the state the information

described by Subdivision (1), in the manner provided by Article

56A.0525.

SECTION 8. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 9. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 2596 was passed by the House on April

23, 2025, by the following vote: Yeas 147, Nays 0, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2596 was passed by the Senate on May

16, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor