Relating to conflicts between a protective order and certain other orders and to the transfer of a protective order, the official text

S.B. No. 1559

AN ACT

relating to conflicts between a protective order and certain other

orders and to the transfer of a protective order.

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

SECTION 1. Chapter 81, Family Code, is amended by adding

Section 81.012 to read as follows:

Sec. 81.012. CONFLICT WITH CERTAIN OTHER ORDERS. During

the time in which a protective order issued under this subtitle,

including a temporary ex parte order, is valid and subject to

transfer, the order prevails over any other order rendered in a suit

for dissolution of a marriage under Chapter 6 or a suit affecting

the parent-child relationship under Title 5 to the extent of any

conflict between the orders.

SECTION 2. Section 85.026, Family Code, is amended by

adding Subsection (b) to read as follows:

(b) Each protective order issued under this subtitle,

including a temporary ex parte order, must contain the following

prominently displayed statement in boldfaced type, capital

letters, or underlined:

"DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO

TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT

FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD

RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS."

SECTION 3. Section 85.064, Family Code, is amended by

amending Subsections (a) and (b) and adding Subsections (c-1),

(c-2), (c-3), and (c-4) to read as follows:

(a) If a protective order was rendered before the filing of

a suit for dissolution of a marriage or suit affecting the

parent-child relationship or while the suit is pending as provided

by Section 85.062, the court that rendered the order shall [may], on

the motion of a party or on the court's own motion, transfer the

protective order to the court having jurisdiction of the suit if the

court finds that the transfer will not negatively impact the safety

of any person protected by the order [makes the finding prescribed

by Subsection (c)].

(b) If a protective order that affects a party's right to

possession of or access to a child is rendered after the date a

final order was rendered in a suit affecting the parent-child

relationship, on the motion of a party or on the court's own motion,

the court shall [may] transfer the protective order to the court of

continuing, exclusive jurisdiction if the court finds that the

transfer will not negatively impact the safety of any person

protected by the order [makes the finding prescribed by Subsection

(c)].

(c-1) A motion to transfer a protective order under this

section must be filed with a signed certificate of service on all

parties. A party desiring to contest the motion must file a response

not later than the first Monday after the 20th day after the date

the motion is served on the party. The response must include a

controverting affidavit stating that the transfer would negatively

impact the safety of a person protected by the order.

(c-2) If a response to a motion to transfer a protective

order is filed as provided by Subsection (c-1), notice of the

hearing on the motion to transfer the protective order must be

served on all parties not later than the 10th day before the date of

the hearing.

(c-3) Before rendering an order transferring a protective

order under this section, the court must provide each person

protected by the protective order the opportunity to submit a

statement to the court regarding the impact of a potential transfer

on the person's safety. The court shall consider a statement

submitted under this subsection when determining whether to order a

transfer. The statement may be a separate document or combined with

the motion to transfer or a response to the motion to transfer. The

statement must be filed:

(1) concurrently with or before the filing of the

motion to transfer, if the person protected by the protective order

is the person filing the motion to transfer; or

(2) concurrently with or before the filing of a

response to the motion to transfer, if the person protected by the

protective order is not the person filing the motion to transfer.

(c-4) An order transferring a protective order under this

section must include a finding that the transfer will not

negatively affect the safety of any person protected by the order.

SECTION 4. The following provisions of the Family Code are

repealed:

(1) Section 83.005; and

(2) Section 85.064(c).

SECTION 5. Sections 81.012 and 85.026(b), Family Code, as

added by this Act, apply only to a protective order issued on or

after the effective date of this Act.

SECTION 6. Section 85.064, Family Code, as amended by this

Act, applies only to a motion to transfer a protective order that is

made on or after the effective date of this Act. A motion made

before the effective date of this Act is governed by the law in

effect on the date the motion was filed, and the former law is

continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1559 passed the Senate on

April 10, 2025, by the following vote: Yeas 30, Nays 0; and that

the Senate concurred in House amendment on May 22, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1559 passed the House, with

amendment, on May 16, 2025, by the following vote: Yeas 118,

Nays 0, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor