Family Protection Legislative Package | Rep. Will Campbell

Family Violence Evidence and Court Accountability Act

Code of Criminal Procedure, Chapter 5A · 90th Legislature
Strengthens family-violence investigations through complete incident reporting, evidence preservation, prompt production, victim consultation, and public accountability.
Clean Legislative DraftOctober 202690th Texas LegislatureRep. Will Campbell — HD 109
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By: ____________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to the investigation, preservation, prosecution, disposition, and public reporting of criminal cases involving family violence and related victim consultation and training.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. FAMILY-VIOLENCE INCIDENT REPORT

Article 5A.009, Code of Criminal Procedure, is amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (a-5) to read as follows:

Art. 5A. 009. REQUIRED REPORTS

(a-1) In addition to the information required by Subsection (a), a written report concerning an incident or disturbance call that may involve family violence must include, to the extent reasonably observable or available:
  1. the exact or substantially exact words of each material statement made by the complainant, suspect, child, or other witness;
  2. the approximate time each statement was made in relation to:
A.the reported conduct;
B.the officer’s arrival;
C.the end of any apparent emergency; and
D.questioning by a peace officer or another person; 3. whether the statement was spontaneous or made in response to a question and, if made in response to a question, the substance of the question; 4. the declarant’s apparent physical and emotional condition; 5. whether a continuing threat, medical emergency, or request for immediate assistance existed when the statement was made; 6. each visible injury and each complaint of pain or injury, regardless of whether an injury was visible; 7. any reported or observed indicator of strangulation or suffocation; 8. the presence of a child and any apparent injury, statement, fear, or trauma affecting the child; 9. the presence, use, display, threatened use, or reported access to a firearm or other deadly weapon; 10. each known prior family-violence call, protective order, emergency protective order, bond condition, stalking report, or reported violation involving the same parties; 11. whether emergency medical services were offered, requested, accepted, or declined; 12. whether the possible victim was offered an opportunity to execute a voluntary authorization for the release of relevant medical records to the appropriate prosecuting attorney; 13. whether photographs, recordings, digital evidence, physical evidence, or witness information were collected; 14. whether a high-risk screening was offered and, if administered, whether the screening resulted in an advocate referral; and 15. if evidence or information ordinarily required by this article was not collected, preserved, or recorded, the specific reason the evidence or information was unavailable or its collection was unsafe, impracticable, declined, or prohibited by law.
(a-2) A peace officer shall document facts bearing on the reliability and possible admissibility of a statement. The officer may not be required to characterize a statement as an excited utterance, present-sense impression, testimonial statement, or other legal conclusion.
(a-3) A report under this article must distinguish between:
  1. facts personally observed by the officer;
  2. statements attributed to another person;
  3. information obtained from a database or prior report; and
  4. an inference, conclusion, or opinion of the officer.
(a-4) A victim may decline medical assistance, photography, screening, an interview, a medical-record authorization, or follow-up contact. A refusal does not:
  1. make the victim ineligible for services;
  2. establish that the original allegation was false;
  3. create a presumption concerning the guilt or innocence of the accused; or
  4. authorize an officer or prosecutor to threaten, punish, or retaliate against the victim.
(a-5) Failure to comply with this article does not, standing alone:
  1. establish the guilt or innocence of a person;
  2. make otherwise inadmissible evidence admissible;
  3. require suppression of otherwise admissible evidence;
  4. require dismissal of a charge; or
  5. create a ground for reversal of a conviction.

SECTION 2. BODY-WORN CAMERA ACTIVATION

Article 2B.0106, Code of Criminal Procedure, is amended by adding Subsections (d-1), (d-2), (d-3), and (d-4) to read as follows:
(d-1) A policy adopted under this article must require an equipped peace officer dispatched to or actively participating in an investigation of possible family violence to activate the officer’s body-worn camera:
  1. before arriving at the location, if reasonably practicable; and
  2. throughout the officer’s active participation in the investigation.
(d-2) An officer may delay activation or temporarily deactivate a camera if:
  1. activation would create a specific threat to safety;
  2. the equipment is unavailable or malfunctioning;
  3. recording would materially interfere with emergency medical treatment;
  4. recording is prohibited by law;
  5. after the immediate emergency has ended, a victim requests privacy and the officer reasonably determines that continued recording is not necessary to document evidence or protect a person; or
  6. another circumstance makes recording objectively unreasonable or impracticable.
(d-3) An officer who delays activation or deactivates a camera under Subsection (d-2) shall:
  1. state the reason on the recording before deactivation, if practicable;
  2. document the reason in the incident report; and
  3. notify a supervisor in the manner prescribed by agency policy.
(d-4) The agency shall require supervisory review of a documented failure to activate or continued deactivation not later than 72 hours after the report is submitted.

SECTION 3. PRESERVATION OF EVIDENCE

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.015 to read as follows:

Art. 5A. 015. PRESERVATION OF FAMILY-VIOLENCE EVIDENCE

(a) In this article, “covered evidence” means evidence created, received, identified, or collected in connection with a possible family-violence offense, including:
  1. a 911 recording and associated metadata;
  2. a computer-aided dispatch record;
  3. a body-worn-camera, dashboard-camera, surveillance, or other law-enforcement recording;
  4. a scene, injury, property-damage, suspect, or follow-up photograph;
  5. a recorded interview or written or recorded witness statement;
  6. physical or forensic evidence;
  7. a digital communication or recording voluntarily provided or lawfully obtained;
  8. information concerning a firearm or other deadly weapon;
  9. a high-risk screening document;
  10. an emergency-medical-services report;
  11. a medical-record authorization voluntarily signed by the patient or authorized representative;
  12. a record showing the issuance, transmission, attempted service, service, entry, modification, or reported violation of a protective order, emergency protective order, or bond condition; and
  13. evidence tending to inculpate or exculpate a suspect.
(b) A law-enforcement agency or governmental entity receiving or creating covered evidence shall:
  1. associate the evidence with the applicable incident number;
  2. preserve the evidence in a manner reasonably calculated to maintain authenticity, integrity, chain of custody, cybersecurity, and retrievability; and
  3. document the transfer, alteration, loss, destruction, or corruption of the evidence.
(c) Unless another law requires longer retention, covered evidence must be retained until the latest of:
  1. five years after the incident;
  2. expiration of the applicable limitation period;
  3. final disposition of a resulting criminal case and expiration of the time for direct appeal;
  4. final disposition of a related protective-order proceeding;
  5. final disposition of a related civil claim of which the entity has received written notice; or
  6. expiration of a written preservation notice issued by a prosecuting attorney, defendant, defense counsel, victim, victim’s attorney, court, or authorized investigating entity.
(d) A governmental entity operating a 911 system shall preserve a covered 911 recording and associated dispatch record notwithstanding a shorter local retention schedule.
(e) A preservation request must reasonably identify the incident, evidence, parties, date, location, or other information sufficient to permit the governmental entity to locate the evidence.
(f) This article does not authorize access to evidence by a person who is not otherwise entitled to access under law.
(g) The attorney general, after consulting the Department of Public Safety, Texas Commission on Law Enforcement, Office of Court Administration, prosecutors, criminal-defense representatives, emergency-services representatives, and family-violence organizations, shall adopt minimum standards for preservation, indexing, transfer, cybersecurity, and chain of custody.
(h) A preservation notice issued under Subsection (c)(6):
  1. must identify the incident and evidence with reasonable particularity;
  2. remains effective for two years after receipt;
  3. may be renewed for successive two-year periods while a related investigation, prosecution, protective-order proceeding, or civil action is pending or reasonably anticipated;
  4. may be withdrawn in writing by the person who issued the notice; and
  5. does not require preservation of evidence the recipient does not possess or control.
(i) Not later than 10 business days after receiving a preservation notice, the governmental entity shall acknowledge receipt and state whether the identified evidence is preserved, does not exist, is not in the entity's possession or control, or cannot be located after a reasonable search. The entity may request clarification or reasonable narrowing of an overbroad notice without destroying evidence while the request is pending.

SECTION 4. PROMPT EVIDENCE PRODUCTION

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.016 to read as follows:

Art. 5A. 016. PRODUCTION TO PROSECUTOR AND MAGISTRATE

(a) Not later than 24 hours after an arrest for a family-violence offense, the investigating agency shall electronically provide to the appropriate magistrate and prosecuting attorney all reasonably available information necessary for:
  1. a probable-cause determination;
  2. setting bond;
  3. determining conditions of release;
  4. issuing an emergency protective order; and
  5. determining whether immediate safety measures are necessary.
(b) The initial information must include, if available:
  1. the offense report or preliminary report;
  2. prior protective orders and known violations;
  3. known prior family-violence arrests and convictions;
  4. firearm or deadly-weapon information;
  5. strangulation or suffocation indicators;
  6. threats of homicide, suicide, abduction, or retaliation;
  7. stalking, surveillance, or unlawful tracking behavior;
  8. the presence of children;
  9. the victim’s stated safety concerns; and
  10. the result of any approved high-risk screening.
(c) Covered evidence not included in the initial information must be provided to the prosecuting attorney not later than five business days after the evidence becomes reasonably available.
(d) The investigating agency shall notify the prosecuting attorney when identified evidence:
  1. has not been collected;
  2. is awaiting forensic analysis;
  3. is held by another governmental entity;
  4. has been lost or corrupted; or
  5. cannot lawfully be disclosed without authorization or judicial process.
(e) The prosecuting attorney shall disclose evidence to the defendant as required by Article 39.14 and the federal and state constitutions.
(f) This article does not require:
  1. a victim to sign a medical authorization;
  2. a medical provider to disclose protected information without lawful authorization;
  3. an agency to create evidence that does not exist; or
  4. disclosure contrary to a privilege, court order, or applicable law.

SECTION 5. VOLUNTARY MEDICAL-RECORD AUTHORIZATION.

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.0161 to read as follows:

Art. 5A. 0161. VOLUNTARY MEDICAL-RECORD AUTHORIZATION.

(a) The Health and Human Services Commission, in consultation with the attorney general, the Texas Medical Board, hospitals, emergency medical services providers, prosecutors, criminal-defense representatives, and family-violence organizations, shall adopt an optional standard authorization for disclosure of medical records relevant to a possible family-violence offense.
(b) The authorization must:
  1. identify the provider, recipient, incident, and categories and dates of records covered;
  2. expire not later than 180 days after execution unless the patient selects an earlier date;
  3. state how the patient may revoke the authorization in writing;
  4. state that signing is not required to receive law-enforcement, medical, shelter, advocacy, or other services;
  5. permit the patient to exclude specially protected records; and
  6. comply with state and federal law.
(c) A revocation does not affect a disclosure lawfully made before the provider received the revocation.
(d) A governmental entity requesting records under an authorization shall pay a lawful copying charge and preserve the records as covered evidence.
(e) This article does not compel a provider to disclose a record without valid legal authority or expand a governmental entity's right to records.

SECTION 6. FOLLOW-UP INVESTIGATION

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.017 to read as follows:

Art. 5A. 017. FOLLOW-UP INVESTIGATION

(a) When strangulation, suffocation, delayed bruising, internal injury, or another injury that may become more visible is reported or reasonably suspected, the investigating agency shall:
  1. offer emergency medical assistance;
  2. provide information concerning symptoms requiring immediate medical attention;
  3. offer a voluntary follow-up contact and follow-up photographs approximately 24 to 72 hours after the incident; and
  4. document whether each offer was accepted or declined.
(b) A law-enforcement agency shall use trauma-informed and privacy-protective procedures when photographing an injury involving an intimate area of the body.
(c) If a victim requests that a follow-up contact occur through an advocate, attorney, or other designated person, the agency shall use the designated person when reasonably practicable.
(d) Nothing in this article authorizes an officer to delay emergency medical treatment to collect evidence.

SECTION 7. AFFIDAVITS OF NON-PROSECUTION

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.018 to read as follows:

Art. 5A. 018. AFFIDAVIT OF NON-PROSECUTION

(a) In this article, “affidavit of non-prosecution” means a written or recorded statement by an alleged victim expressing a desire that a criminal charge not be filed, prosecuted, or continued.
(b) An affidavit of non-prosecution does not:
  1. dismiss a criminal charge;
  2. bind the prosecuting attorney or court;
  3. create a presumption that the original allegation was false;
  4. create a presumption that the accused committed the alleged offense;
  5. waive the victim’s right to services or protection; or
  6. waive a privilege held by the victim.
(c) If an affidavit of non-prosecution is a substantial factor supporting dismissal of a family-violence offense, the prosecuting attorney shall ensure that:
  1. the victim has been offered a confidential conference with an independent family-violence advocate;
  2. the conference is offered outside the presence and control of the defendant and the defendant’s representative;
  3. the victim is informed that the prosecutor represents the State and is not the victim’s personal attorney;
  4. the victim is offered information about:
A.independent legal services;
B.safety planning;
C.protective orders;
D.emergency and transitional housing;
E.employment protections;
F.financial assistance;
G.child-related services; and
H.crime-victim compensation; 5. the victim is informed that participation in the conference and prosecution is voluntary; and 6. the prosecutor documents the offer, acceptance, refusal, unsuccessful contact attempts, or other result without recording the substance of a privileged communication.
(c-1) The prosecuting attorney shall certify only whether the advocate conference was offered, declined, completed, unavailable after documented reasonable efforts, or excused. The certification may not disclose the substance of a privileged communication.
(d) A prosecutor may rely on the affidavit without a completed advocate conference if:
  1. the victim knowingly declines the conference;
  2. the victim cannot be located after documented reasonable attempts;
  3. the victim is deceased or medically unable to participate;
  4. dismissal is legally required without delay; or
  5. a qualified advocate is unavailable after documented reasonable efforts, including an offer of a secure remote conference; or
  6. the court finds good cause on the record.
A dismissal that is constitutionally or legally required may not be delayed because an advocate is unavailable.
(e) A prosecutor, peace officer, advocate, court employee, or other governmental actor may not threaten arrest, prosecution, loss of custody, loss of benefits, or denial of services to compel a victim to:
  1. sign an affidavit;
  2. withdraw an affidavit;
  3. reject an affidavit;
  4. testify; or
  5. continue participating in an investigation or prosecution.
(f) This article does not:
  1. restrict a lawful defense investigation;
  2. prohibit a victim from communicating with defense counsel;
  3. prevent a prosecutor from evaluating the circumstances under which an affidavit was obtained; or
  4. authorize interference with the attorney-client relationship.
(g) A victim may submit an updated statement at any time. The prosecuting attorney remains responsible for determining whether prosecution should continue.

SECTION 8. ADVOCATE QUALIFICATIONS

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.0181 to read as follows:

Art. 5A. 0181. INDEPENDENT FAMILY-VIOLENCE ADVOCATE

(a) The Health and Human Services Commission shall establish minimum training standards for an independent family-violence advocate who conducts a conference under Article 5A.018.
(b) The standards must include training concerning:
  1. coercive control and retaliation;
  2. safety planning;
  3. economic and housing insecurity;
  4. strangulation and lethality indicators;
  5. trauma-informed communication;
  6. confidentiality and privilege;
  7. immigration-related coercion;
  8. disability and language access;
  9. criminal and civil legal-system procedures; and
  10. the advocate’s role and professional boundaries.
(c) Before beginning a conference, the advocate shall disclose that:
  1. the advocate does not represent the State;
  2. the advocate does not represent the defendant;
  3. the advocate is not the victim’s attorney unless separately retained or appointed as counsel; and
  4. communications may be privileged or confidential as provided by Chapter 93, Family Code, and other law.
(d) The occurrence and general completion status of a conference may be reported. Except as constitutionally required or expressly authorized by the victim, the substance of the conference may not be disclosed.
(e) Participation in a conference does not waive a privilege under Chapter 93, Family Code.
(f) Advocate notes do not become prosecution records solely because the prosecuting attorney arranged or funded the conference.
(g) The commission shall support a statewide or regional on-call network capable of providing secure remote conferences. The conference requirement applies only while appropriated money or other authorized funding is available to provide timely access.
(h) This article does not require a prosecutor to obtain advocate records outside the State's possession, custody, or control. Constitutionally required disclosure and judicial in-camera review remain governed by other law.

SECTION 9. HIGH-RISK SCREENING

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.019 to read as follows:

Art. 5A. 019. HIGH-RISK SCREENING AND REFERRAL

(a) The Texas Commission on Law Enforcement, after consulting the Family Violence Criminal Homicide Prevention Task Force, shall approve one or more evidence-informed screening protocols for use by first responders.
(b) An approved protocol must:
  1. be brief enough for first-response use;
  2. identify circumstances associated with lethal or near-lethal violence;
  3. facilitate immediate connection to an advocate;
  4. inform, but not determine, arrest, charging, bond, monitoring, or guilt;
  5. contain safeguards against discriminatory use;
  6. be accessible to persons with disabilities and persons with limited English proficiency; and
  7. be periodically evaluated using Texas outcome data.
(c) A victim may decline screening or an advocate referral.
(d) An arrest, accusation, screening result, or screening score may not independently establish that a defendant presents a continuing threat.
(e) A screening response is confidential except when disclosure is required for:
  1. immediate safety;
  2. magistration or a bond hearing;
  3. prosecution;
  4. constitutionally required defense disclosure; or
  5. another lawful purpose.

SECTION 10. CHILD-WITNESS PROTOCOL

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.020 to read as follows:

Art. 5A. 020. CHILD WITNESS OR CHILD PRESENT AT INCIDENT

(a) A peace officer who reasonably believes a child witnessed or was present during an incident involving family violence shall:
  1. determine whether the child has an immediate medical or safety need;
  2. document the child’s presence and apparent condition;
  3. use age-appropriate and nonleading questions when immediate questioning is necessary;
  4. avoid unnecessarily repetitive interviews;
  5. record the child’s spontaneous statements as accurately as practicable;
  6. comply with mandatory reporting duties under Chapter 261, Family Code; and
  7. provide or arrange an appropriate referral to a children’s advocacy center or other qualified child-service provider when authorized by law.
(b) An officer, prosecutor, advocate, or service provider may not knowingly use a child to:
  1. communicate with the alleged offender on behalf of the victim;
  2. obtain an affidavit of non-prosecution;
  3. pressure the victim or defendant; or
  4. circumvent a protective order or bond condition.
(c) This article does not require a forensic interview when the legally established criteria for a forensic interview are not satisfied.

SECTION 11. EVIDENCE INTEGRITY AND FALSE-REPORT SAFEGUARDS

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.021 to read as follows:

Art. 5A. 021. EVIDENCE INTEGRITY; FALSE-REPORT SAFEGUARDS

(a) A law-enforcement agency and prosecuting attorney shall preserve and disclose evidence favorable to the accused as required by law.
(b) Evidence-preservation duties apply equally to evidence tending to:
  1. corroborate an allegation;
  2. contradict an allegation;
  3. identify another person as the actor;
  4. establish self-defense or defense of another person;
  5. establish that the reported event did not occur; or
  6. impeach a material witness.
(c) Intentional false reports remain subject to existing criminal law.
(d) The following conduct does not, without additional evidence, establish that a person made a false report:
  1. recanting or modifying a statement;
  2. declining to testify;
  3. failing to remember a detail;
  4. providing an inconsistent statement while experiencing trauma, injury, intoxication, medication, fear, or confusion;
  5. remaining in or returning to a relationship;
  6. communicating with the accused; or
  7. requesting dismissal.
(e) A governmental actor may not threaten a person with prosecution for making a false report solely to obtain cooperation or testimony.
(f) Nothing in this article prohibits a good-faith investigation or prosecution supported by probable cause.
(g) The Texas Commission on Law Enforcement shall adopt a uniform evidence-completeness checklist using, as applicable, the statuses collected, requested, unavailable, declined by the alleged victim, prohibited by law, not applicable, lost or corrupted, and pending forensic review. The checklist measures investigative completeness and is not evidence of guilt or a mandatory charging standard.

SECTION 12. STANDARDIZED DISMISSAL REASONS

Article 32.02, Code of Criminal Procedure, is amended by adding Subsections (b), (c), (d), (e), (f), and (g) to read as follows:
(b) For a family-violence offense, the written statement setting out the reason for dismissal must identify one or more of the following standardized grounds:
  1. legally insufficient evidence;
  2. unavailable or inadmissible material evidence;
  3. constitutional or procedural defect;
  4. complaining witness unavailable after documented reasonable efforts;
  5. complaining witness declined further participation after being offered an advocate conference;
  6. material change or contradiction in the available evidence;
  7. plea or conviction in a related case or count;
  8. pretrial intervention, diversion, or another authorized alternative disposition;
  9. defendant deceased, incompetent, unavailable, or outside the court’s jurisdiction;
  10. limitation or jurisdictional bar;
  11. mistaken identity;
  12. credible evidence that the offense did not occur;
  13. credible self-defense or defense-of-another evidence;
  14. no probable cause;
  15. factual-innocence evidence;
  16. successful completion of diversion;
  17. duplicate filing or consolidation into another cause;
  18. federal or other-jurisdiction prosecution;
  19. dismissal in the interests of justice; or
  20. another specified reason prescribed by the Texas Judicial Council.
(c) The statement must indicate whether:
  1. the victim was offered an opportunity to confer with the attorney representing the State;
  2. an affidavit of non-prosecution materially affected the decision;
  3. an advocate conference was offered; and
  4. the investigating agency substantially completed the evidence requirements of Article 5A.009.
(d) A public dismissal statement may not disclose:
  1. a victim’s address or contact information;
  2. a privileged communication;
  3. attorney work product;
  4. confidential medical, counseling, or shelter information;
  5. information that would materially endanger a person;
  6. information identifying a child; or
  7. information prohibited from public disclosure by law.
(e) The public court record must display only a neutral dismissal code and the minimum explanation required by Article 32.02. Detailed administrative coding must be maintained as confidential information and reported only in aggregated or de-identified form. If additional facts are required for the court to exercise its authority under Article 32.02, the prosecuting attorney may file a confidential supplement.
(f) A court may request clarification as authorized by Article 32.02 but may not require privileged information or conduct a general merits review of prosecutorial discretion.
(g) This article does not authorize a victim or another person to:
  1. compel prosecution;
  2. contest the lawful disposition of a charge;
  3. become a party to the criminal proceeding; or
  4. substitute that person’s judgment for the lawful discretion of the attorney representing the State.

SECTION 13. DISPOSITION CONSULTATION

Article 56A.0521, Code of Criminal Procedure, is amended by adding Subsections (b-1), (b-2), and (b-3) to read as follows:
(b-1) If the attorney representing the State is considering dismissal, reduction, pretrial intervention, or a plea agreement, a person entitled to confer under Subsection (b)(3) is entitled, on request and when reasonably practicable, to:
  1. receive timely notice before the disposition is finalized;
  2. communicate safety concerns and the anticipated effect of the disposition or delay;
  3. receive an explanation that the attorney represents the State and not the victim personally; and
  4. receive notice of the final disposition and, if applicable, the public dismissal-reason code.
(b-2) The attorney representing the State shall document:
  1. whether consultation was requested;
  2. each reasonable attempt to provide notice;
  3. whether consultation occurred; and
  4. whether an emergency or legal requirement made consultation impracticable.
(b-3) Failure to confer does not authorize a victim to:
  1. veto or control a disposition;
  2. participate as a party;
  3. contest the disposition of a charge; or
  4. compel prosecution.

SECTION 14. PROSECUTOR REPORTING

Section 71.0354, Government Code, is amended by adding Subsections (b-1), (b-2), (c-1), and (d) to read as follows:
(b-1) For each family-violence offense, a prosecuting attorney shall report de-identified case-level information concerning:
  1. the county and court;
  2. the offense charged;
  3. whether a family-violence finding was entered;
  4. the filing and disposition dates;
  5. the disposition;
  6. the applicable dismissal-reason code;
  7. whether the case resulted in a plea, conviction, acquittal, diversion, or dismissal;
  8. whether an affidavit of non-prosecution materially affected the disposition;
  9. whether an advocate conference was offered;
  10. whether an emergency protective order was issued;
  11. whether GPS monitoring was ordered;
  12. whether the case involved an alleged violation of an order or bond condition;
  13. whether the alleged conduct involved strangulation, stalking, serious bodily injury, or a deadly weapon; and
  14. case-processing time.
(b-2) A district or county clerk shall report plea, verdict, judgment, family-violence finding, and court-date information. A law-enforcement agency shall report arrest, incident, repeat-call, and order-service information. The Department of Public Safety or entering agency shall report order-entry and correction time. The court clerk shall report imposition and review of location monitoring. The Health and Human Services Commission shall report aggregated service and assistance information.
(b-3) A prosecuting attorney may not submit information identifying a victim, child, witness, confidential address, or shelter location.
(c-1) In prescribing the form and manner of reporting family-violence information, the council shall consult:
  1. prosecuting attorneys;
  2. criminal-defense attorneys;
  3. court clerks;
  4. law-enforcement agencies;
  5. family-violence organizations;
  6. victim-rights organizations;
  7. researchers with expertise in criminal-justice data; and
  8. privacy and cybersecurity experts.
(d) The council shall publish aggregated information twice each year in:
  1. a searchable online dashboard;
  2. a downloadable machine-readable format; and
  3. a written statewide report.

SECTION 15. DATA QUALITY

Subchapter C, Chapter 71, Government Code, is amended by adding Section 71.0355 to read as follows:

Sec. 71. 0355. FAMILY-VIOLENCE DATA QUALITY AND VALIDATION

(a) The Texas Judicial Council shall adopt and publish:
  1. a data dictionary;
  2. uniform disposition and dismissal-reason definitions;
  3. validation rules;
  4. completeness standards;
  5. missing-data indicators;
  6. reidentification-risk review, including suppression thresholds, temporal aggregation, and limits on rare combinations of offense, court, date, and disposition, but a court-level total may not be withheld solely because the annual case count is small;
  7. correction procedures; and
  8. a record of material revisions to published data.
(b) A reporting entity shall certify whether a reported zero is:
  1. a verified absence of reportable cases; or
  2. missing or incomplete information.
(c) The council may:
  1. audit submitted information;
  2. require correction of incomplete or inconsistent information;
  3. require a corrective-action plan; and
  4. publish the name and compliance status of a reporting entity after notice and an opportunity to cure.
(d) Public information under this section must be aggregated or de-identified as necessary to protect victims and children.

SECTION 16. INFORMATIONAL STANDING

Section 71.0355, Government Code, as added by this Act, includes the following enforcement provisions:
(e) A Texas resident who:
  1. submits a written request for information required to be published under Section 71.0354 or this section; and
  2. is denied timely access because a reporting entity failed to perform a nondiscretionary reporting or publication duty,
has standing to file a verified complaint with the council.
(f) If the council does not resolve the complaint or issue a written determination within 60 days, the complainant may bring an action for mandamus or declaratory relief solely to compel performance of the public reporting duty against the council or reporting governmental entity responsible for the duty. Venue is in a district court in Travis County or the county where the complainant resides. Sovereign and governmental immunity to suit are waived only for the relief authorized by this subsection. A suit must be filed not later than the first anniversary of the publication deadline at issue. A court shall prevent duplicate recovery of attorney's fees under this section and Chapter 552.
(g) The court may award reasonable attorney’s fees to a substantially prevailing complainant if:
  1. the violation was substantial;
  2. the reporting entity received notice and a reasonable opportunity to cure; and
  3. the action produced information or compliance materially benefiting the public.
(h) This section does not authorize:
  1. access to confidential case information;
  2. intervention in an individual criminal case;
  3. review of a charging or dismissal decision; or
  4. an award of damages.
(i) The data dictionary must define the unit and denominator for each measure, including filed case, eligible family-violence case, dismissal, refiling, related-count resolution, deferred adjudication, cause number, defendant, incident, and pending case. Published rates must identify the applicable denominator and reporting period.

SECTION 17. TRANSITION.

(a)The evidence-preservation requirements of this Act apply to an incident occurring on or after January 1, 2028.
(b) The dismissal-reason and reporting requirements apply to a case dismissed or otherwise disposed of on or after January 1, 2028.
(c) Each implementing agency shall adopt required rules and forms not later than December 1, 2027.

SECTION 18. EFFECTIVE DATE.

This Act takes effect September 1, 2027.

Protective Order and High-Risk Offender Act

Code of Criminal Procedure and Family Code · 90th Legislature
Improves response to protective-order and bond-condition violations, accelerates order transmission and service, and authorizes individualized GPS monitoring for high-risk defendants.
Clean Legislative DraftOctober 202690th Texas LegislatureRep. Will Campbell — HD 109
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By: ____________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to protective orders, emergency protective orders, family-violence bond conditions, expedited proceedings, and individualized location monitoring of certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. RESPONSE TO REPORTED ORDER VIOLATION

Chapter 5A, Code of Criminal Procedure, is amended by adding Article 5A.022 to read as follows:

Art. 5A. 022. RESPONSE TO REPORTED ORDER OR BOND-CONDITION VIOLATION

(a) A law-enforcement agency receiving a report of a possible violation of a protective order, emergency protective order, or family-violence bond condition shall:
  1. promptly attempt to verify the order or condition through:
A.the Texas Crime Information Center;
B.the National Crime Information Center;
C.the issuing court;
D.a certified or otherwise reliable copy; or
E.another reliable source; 2. classify and dispatch the report as an urgent family-safety call if the reported facts indicate an immediate threat; 3. preserve the related 911, dispatch, location, and communication records; 4. investigate whether probable cause exists; and 5. make an arrest when arrest is required or authorized by law and probable cause exists.
(b) The absence or delay of a database entry does not invalidate an otherwise enforceable order.
(c) This article does not require an officer to arrest a person solely because another person alleges a violation.
(d) If an officer determines that probable cause does not exist, the officer shall document the material facts supporting that determination.
(e) The documentation requirement under Subsection (d) does not make the probable-cause determination ministerial for purposes of civil liability.
(f) The Department of Public Safety, in consultation with the Texas Commission on Law Enforcement, shall prescribe a minimum statewide response classification for a reported violation presenting an immediate threat. A local agency may use equivalent terminology providing at least the same response priority.

SECTION 2. TRANSMISSION, ENTRY, AND SERVICE

Article 17.292, Code of Criminal Procedure, is amended by adding Subsections (j-1), (j-2), (j-3), and (j-4) to read as follows:
(j-1) The issuing court or magistrate shall electronically transmit an emergency protective order to each governmental entity required to receive the order immediately after issuance and not later than four hours after issuance. If a major emergency or insufficient identifying information makes transmission within four hours impossible, the court or magistrate shall document the specific circumstance and transmit the order as soon as practicable.
(j-2) A law-enforcement agency receiving an order under Subsection (j-1) shall:
  1. enter the order into the Texas Crime Information Center as soon as practicable and not later than 12 hours after receipt of the order; if a major emergency or insufficient information makes timely validated entry impossible, document the specific circumstance, create a temporary statewide electronic notice accessible to law enforcement, and complete entry immediately when the circumstance ends;
  2. submit the order for entry into the National Crime Information Center, if eligible;
  3. confirm entry to the issuing court;
  4. correct a rejected or incomplete entry promptly after receiving notice of the rejection or deficiency; and
  5. maintain an auditable record of transmission, receipt, entry, rejection, correction, attempted service, and service.
(j-3) The order must designate the law-enforcement agency responsible for service. Unless the court designates another agency, the responsible agency is the agency serving the county of issuance. The responsible agency shall begin service efforts promptly and shall document each unsuccessful effort.
(j-3-a) When lawful and practicable, service efforts must include attempts at the respondent's known residence and employment, scheduled court appearances, and custodial release points. Each attempt must be documented.
(j-4) An agency shall continue reasonable service efforts until:
  1. the defendant is served;
  2. the agency verifies that another authorized entity completed service;
  3. the order expires; or
  4. the issuing court directs otherwise.

SECTION 3. INDIVIDUALIZED GPS MONITORING

Article 17.49, Code of Criminal Procedure, is amended by adding Subsections (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), (b-7), (b-8), and (b-9) to read as follows:
(b-1) At magistration, a magistrate may temporarily require location monitoring if sworn information establishes probable cause to believe that:
  1. the defendant committed a family-violence offense; and
  2. monitoring is immediately necessary to address a specific and articulable continuing threat.
(b-2) A temporary monitoring condition expires on the third business day after imposition unless:
  1. the defendant waives a hearing after consulting counsel; or
  2. the court holds an adversarial hearing and continues the condition under Subsection (b-3).
(b-2-a) Before the hearing, the defendant is entitled to counsel and reasonable notice of the factual basis for continued monitoring. Information materially relied on must be disclosed promptly, subject to narrowly tailored redaction, protective order, or submission under seal. The defendant must receive sufficient information to contest the restriction.
(b-3) Following an adversarial hearing, monitoring may continue only if the court makes written, individualized findings that:
  1. the State established a continuing threat by clear and convincing evidence;
  2. less restrictive conditions would not reasonably protect the alleged victim or public;
  3. each geographic restriction is sufficiently specific;
  4. the monitoring system can reasonably implement the condition; and
  5. the burden imposed is not excessive in relation to the identified threat.
(b-4) In determining whether a continuing threat exists, the court may consider reliable evidence concerning:
  1. prior convictions involving family violence;
  2. prior judicial findings of family violence;
  3. violations of protective orders or bond conditions;
  4. strangulation or suffocation;
  5. stalking, surveillance, or unlawful tracking;
  6. threats of homicide, suicide, abduction, or retaliation;
  7. access to or threatened use of a firearm or deadly weapon;
  8. escalation in severity or frequency;
  9. forced entry, kidnapping, or unlawful restraint;
  10. harm or threats directed toward a child, relative, pet, witness, or assisting person;
  11. the alleged victim’s assessment of danger; and
  12. other evidence directly bearing on the identified threat.
(b-4-a) A rebuttable presumption of a continuing threat arises if reliable evidence establishes that, while subject to an active protective order or family-violence bond condition, the defendant committed a new family-violence offense or repeatedly violated the order or condition. The defendant may rebut the presumption by a preponderance of the evidence.
(b-5) An arrest, uncorroborated accusation, or high-risk screening score may not alone establish a continuing threat.
(b-6) Participation by an alleged victim in a notification system is voluntary. The victim may discontinue participation without affecting the criminal case.
(b-7) The alleged victim must receive information concerning:
  1. the capabilities and limitations of the monitoring system;
  2. circumstances in which an alert may be delayed or inaccurate;
  3. the procedure for reporting a violation;
  4. emergency contacts;
  5. confidentiality and location-tracking risks; and
  6. how to terminate participation.
(b-8) The defendant may not be detained or sanctioned solely because of inability to pay a monitoring fee. If the defendant is indigent, monitoring costs must be paid from appropriated money or another authorized source.
(b-8-a) A monitoring vendor or governmental entity shall encrypt location data, restrict access to an authorized safety or criminal-justice purpose, maintain an access log, and may not sell, commercially use, or disclose the data except as required by law. Data must be destroyed not later than the first anniversary of final disposition or termination of monitoring unless a court orders longer preservation.
(b-8-b) A technical alert, signal loss, device malfunction, charging failure, or third-party interference does not alone establish a violation. Before sanctioning the defendant, the court must find that the defendant knowingly or recklessly violated a monitoring condition. The supervising entity shall use an adopted protocol to evaluate and transmit confirmed emergency alerts.
(b-9) The court shall review a continued monitoring condition:
  1. at least once every 60 days;
  2. after a material change in circumstances; and
  3. on motion by either party.

SECTION 4. EXPEDITED SETTINGS

Chapter 29, Code of Criminal Procedure, is amended by adding Article 29.012 to read as follows:

Art. 29. 012. PRIORITY FOR CERTAIN FAMILY-VIOLENCE CASES

(a) A court shall give reasonable docket priority to a family-violence case in which:
  1. the defendant allegedly committed a new family-violence offense while subject to an emergency protective order, protective order, or family-violence bond condition;
  2. the defendant is charged with violating an order or bond condition;
  3. the alleged conduct involved strangulation, suffocation, stalking, kidnapping, a deadly weapon, serious bodily injury, or a credible threat of homicide or suicide; or
  4. the court finds an articulable continuing threat.
(b) Docket priority may not deny either party reasonable time to:
  1. obtain counsel;
  2. investigate the case;
  3. obtain and review discovery;
  4. retain an expert;
  5. summon witnesses;
  6. prepare for trial; or
  7. litigate a constitutional or evidentiary question.
(c) In ruling on a continuance, the court shall consider:
  1. the safety and well-being of the victim and each affected child;
  2. the defendant’s right to effective assistance and adequate preparation;
  3. whether a party caused avoidable delay;
  4. the number and cumulative length of prior continuances; and
  5. whether a less burdensome alternative is available.

SECTION 5. TRANSITION.

(a)The order-transmission, entry, and service requirements apply to an order issued on or after January 1, 2028.
(b) A location-monitoring condition imposed before January 1, 2028, is governed by prior law unless modified on or after that date.
(c) The Department of Public Safety and Texas Commission on Law Enforcement shall adopt required rules not later than December 1, 2027.

SECTION 6. EFFECTIVE DATE.

This Act takes effect September 1, 2027.

Survivor Economic Independence Act

Human Resources, Labor, Family, and Property Codes · 90th Legislature
Expands legal assistance, stabilization support, family-safety leave, emergency housing protections, lock changes, and fair rental-history treatment for survivors.
Clean Legislative DraftOctober 202690th Texas LegislatureRep. Will Campbell — HD 109
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By: ____________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to employment leave, civil legal assistance, emergency financial assistance, housing stability, and residential protections for victims of family violence and related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. INDEPENDENT LEGAL ASSISTANCE

Chapter 51, Human Resources Code, is amended by adding Section 51.014 to read as follows:

Sec. 51. 014. INDEPENDENT LEGAL ASSISTANCE

(a) The commission shall administer a grant program supporting independent civil legal services for victims of family violence.
(b) Eligible services include assistance concerning:
  1. protective orders;
  2. housing and lease termination;
  3. employment protections;
  4. child custody and support;
  5. immigration consequences;
  6. crime-victim compensation;
  7. identity theft and financial abuse;
  8. restitution; and
  9. enforcement of rights created by law.
(c) An attorney funded under this section represents the victim and does not represent the State, investigating agency, or prosecuting attorney.
(d) Receipt of legal assistance may not be conditioned on participation in a criminal investigation or prosecution.

SECTION 2. FAMILY-SAFETY STABILIZATION PROGRAM

Chapter 51, Human Resources Code, is amended by adding Section 51.015 to read as follows:

Sec. 51. 015. FAMILY-SAFETY STABILIZATION PROGRAM

(a) The commission shall establish a grant program permitting qualified family-violence service providers to provide short-term flexible assistance.
(b) Assistance may include:
  1. emergency lodging;
  2. rental deposits and temporary rent;
  3. utilities and lock replacement;
  4. transportation;
  5. child care;
  6. replacement identification documents;
  7. communications and technology safety;
  8. emergency food, medication, clothing, and household necessities; and
  9. another expense directly related to immediate safety or separation.
(c) Assistance may not be conditioned on:
  1. filing a criminal charge;
  2. obtaining a protective order;
  3. permanently separating from the alleged offender;
  4. testifying;
  5. signing an affidavit concerning prosecution; or
  6. cooperating with law enforcement.
(d) The commission and a grant recipient shall protect the identity, address, shelter location, and safety plan of a recipient.

SECTION 3. FAMILY-SAFETY LEAVE

Subtitle D, Title 2, Labor Code, is amended by adding Chapter 83 to read as follows:

CHAPTER 83. FAMILY-SAFETY LEAVE

Sec. 83. 001. DEFINITIONS

In this chapter:
  1. “Commission” means the Texas Workforce Commission.
  2. “Eligible employee” means an employee who has worked for an employer for at least 30 days.
  3. “Employee” and “employer” have the meanings assigned by Section 21.002, except that employer includes this state and a political subdivision of this state.
  4. “Family-safety leave” means leave used because the employee or the employee’s child is a victim of family violence, stalking, sexual assault, trafficking, or a violent felony.

Sec. 83. 002. APPLICABILITY

This chapter applies to an employer employing 15 or more employees.

Sec. 83. 003. ENTITLEMENT

An eligible employee is entitled to use leave intermittently or continuously and is entitled to not more than 10 workdays of unpaid family-safety leave during a 12-month period to:
  1. obtain medical or mental-health care;
  2. obtain victim services or safety planning;
  3. relocate or secure housing;
  4. seek a protective order;
  5. meet with law enforcement, an advocate, or an attorney;
  6. attend a criminal, civil, administrative, or child-related proceeding; or
  7. assist the employee’s child with a qualifying need.

Sec. 83. 004. USE OF OTHER LEAVE

An employee may elect to use accrued paid leave. An employer may not require an employee to exhaust paid leave before using family-safety leave.

Sec. 83. 005. NOTICE

An employee shall provide reasonable advance notice when practicable. Advance notice is not required during an emergency, but the employee shall provide notice as soon as reasonably possible.

Sec. 83. 006. DOCUMENTATION

(a) An employer may request reasonable documentation, including:
  1. a police report;
  2. a protective order;
  3. a medical record;
  4. an advocate or attorney statement;
  5. a court notice; or
  6. the employee’s sworn statement.
(b) An employer may not require documentation:
  1. identifying a confidential shelter location;
  2. describing privileged communications; or
  3. establishing that a criminal charge was filed.

Sec. 83. 007. CONFIDENTIALITY

Information obtained under this chapter is confidential and may be disclosed only:
  1. with the employee’s written consent;
  2. as required by law; or
  3. as reasonably necessary to protect an immediate threat to a person.

Sec. 83. 008. PROHIBITED CONDUCT

An employer may not discharge, discipline, discriminate, or retaliate against an employee because the employee:
  1. requested or used authorized leave;
  2. is a victim;
  3. sought a protective order;
  4. participated in a legal proceeding; or
  5. requested a reasonable scheduling accommodation.

Sec. 83. 009. RESTORATION AND BENEFITS

On return from leave, an employee is entitled to restoration to the same or an equivalent position with equivalent pay, benefits, and other terms. During leave, the employer shall maintain group health coverage on the same terms applicable before leave, subject to the employee's continued payment of the employee share.

Sec. 83. 010. ADMINISTRATIVE COMPLAINT

An employee may file a complaint with the Texas Workforce Commission not later than the 180th day after an alleged violation.

Sec. 83. 011. INVESTIGATION AND CONCILIATION

The commission shall investigate a timely complaint, provide the employer at least 20 days to respond, and attempt voluntary conciliation. If the commission dismisses the complaint or does not resolve it within 180 days, the commission shall issue a written notice of right to sue.

Sec. 83. 012. CIVIL REMEDIES

(a) An aggrieved employee may bring a civil action in a district court in the county where the violation occurred or where the employee resides, not later than the second anniversary of the date the commission issues a notice of right to sue. The commission's issuance of the notice exhausts administrative remedies.
(b) The court may award:
  1. reinstatement;
  2. lost wages and benefits;
  3. actual damages;
  4. equitable relief;
  5. court costs; and
  6. reasonable attorney’s fees.
(c) Exemplary damages are not authorized.
(d) Sovereign and governmental immunity to suit and liability are waived only for relief expressly authorized by this chapter.

Sec. 83. 013. COORDINATION.

(a)Leave under this chapter runs concurrently with leave under federal or state law when both apply.
(b)This chapter does not diminish a right under another law, collective-bargaining agreement, or employer policy.
(c)An employer may not require use of workers' compensation benefits as family-safety leave.

SECTION 4. EXPEDITED EXCLUSIVE POSSESSION

Chapter 83, Family Code, is amended by adding Section 83.0071 to read as follows:

Sec. 83. 0071. EXPEDITED REQUEST FOR EXCLUSIVE POSSESSION

(a) A court shall provide an expedited hearing on a request for temporary exclusive possession of a residence based on recent family violence.
(b) If the court grants temporary ex parte relief, the respondent is entitled to notice and an adversarial hearing within the period required by law.
(c) The court may not require an applicant to leave the residence as a condition of excluding the respondent.
(d) Relief may not be conditioned on the filing or continuation of a criminal case.
(e) In granting relief, the court may address access to:
  1. medication;
  2. identification documents;
  3. children’s necessities;
  4. firearms;
  5. pets;
  6. vehicles;
  7. work equipment; and
  8. essential personal property.

SECTION 5. EMERGENCY TRANSFER AND ANTI-EVICTION PROTECTION.

Subchapter A, Chapter 92, Property Code, is amended by adding Section 92.0163 to read as follows:

Sec. 92. 0163. EMERGENCY TRANSFER; ABUSE-RELATED EVICTION PROHIBITED.

(a) A landlord operating state-supported housing shall, on written request, permit a tenant who is a victim of family violence, stalking, sexual assault, or trafficking to transfer to an available comparable dwelling if the transfer is necessary for safety.
(b) A landlord may not terminate a tenancy, refuse renewal, impose a penalty, or file an eviction action based substantially on:
  1. violence or abuse committed against the tenant or an occupant;
  2. a related request for police, emergency, medical, or victim services; or
  3. damage caused by the perpetrator, unless the tenant unreasonably refuses a lawful opportunity to exclude the perpetrator and continued occupancy presents a substantial threat.
(c) A tenant may establish eligibility by a protective order, law-enforcement or court record, medical record, statement from an advocate or attorney, or the tenant's sworn statement. A police report or criminal charge is not required.
(d) The landlord shall keep the request, supporting information, new address, and transfer location confidential except with the tenant's written consent or as required by law.
(e) A landlord who violates this section is liable for actual damages, one month's rent plus $500, court costs, and reasonable attorney's fees. The court may award injunctive relief.
(f) A right under this section may not be waived.

SECTION 6. LOCK CHANGE.

Subchapter D, Chapter 92, Property Code, is amended by adding Section 92.1581 to read as follows:

Sec. 92. 1581. EXPEDITED LOCK CHANGE FOR VICTIM.

On the request of a tenant who provides documentation permitted by Section 92.0163(c), a landlord shall rekey or change each exterior-door lock to the tenant's dwelling not later than 24 hours after receiving the request. The landlord may seek reimbursement from the perpetrator but may not condition compliance on advance payment by the tenant.

SECTION 7. ABUSE-RELATED RENTAL HISTORY.

Subchapter A, Chapter 92, Property Code, is amended by adding Section 92.0251 to read as follows:

Sec. 92. 0251. ABUSE-RELATED RENTAL HISTORY.

A landlord may not deny an application based substantially on an eviction, debt, property damage, or lease termination that the applicant establishes resulted from family violence, stalking, sexual assault, or trafficking committed against the applicant or an occupant. This section does not require a landlord to disregard material information unrelated to the abuse.

SECTION 8. TRANSITION.

(a)Chapter 83, Labor Code, as added by this Act, applies to leave requested or an adverse employment action occurring on or after January 1, 2028.
(b) The housing provisions apply to a request, application, notice, or eviction action occurring on or after January 1, 2028.
(c) The Health and Human Services Commission and Texas Workforce Commission shall adopt required rules not later than December 1, 2027.

SECTION 9. EFFECTIVE DATE.

This Act takes effect September 1, 2027.

Family Protection Government Accountability Act

Code of Criminal Procedure and State Accountability Laws · 90th Legislature
Creates enforceable administrative and entity-level accountability for failures to provide specified family-protection rights, services, and immediate-safety duties.
Clean Legislative DraftOctober 202690th Texas LegislatureRep. Will Campbell — HD 109
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By: ____________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to equitable enforcement of family-protection duties, interagency compliance, professional accountability, emergency medical response, and limited governmental liability for certain knowing or reckless failures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. FAILURE TO PROVIDE RIGHT OR SERVICE

Article 56A.053(a), Code of Criminal Procedure, is amended to read as follows:
(a) Except as expressly provided by Article 56A.054 or Section 101.0217, Civil Practice and Remedies Code, a judge, attorney representing the State, peace officer, or law-enforcement agency is not liable for a failure or inability to provide a right granted by this subchapter.

SECTION 2. ENFORCEMENT OF VICTIM RIGHTS

Article 56A.054, Code of Criminal Procedure, is amended to read as follows:

Art. 56A. 054. LIMITATION ON PARTICIPATION; ENFORCEMENT

(a) A victim, guardian of a victim, or close relative of a deceased victim does not have standing to:
  1. participate as a party in a criminal proceeding; or
  2. contest the disposition of a charge.
(b) Subject to Subsection (a), a victim, guardian, or legal representative has standing to seek enforcement of a clear legal right provided by:
  1. Section 30, Article I, Texas Constitution;
  2. this chapter;
  3. Chapter 5A;
  4. Article 17.292;
  5. Chapter 71, 83, 85, 86, or 93, Family Code; or
  6. another provision expressly made enforceable under this article.
(b-1) An action lies against the governmental entity responsible for the ministerial duty, not against a judge for a judicial act or a prosecutor for a prosecutorial act. Sovereign and governmental immunity to suit are waived only for the prospective equitable relief authorized by this article. Venue is in a district court in the county where the duty must be performed.
(c) Available relief includes:
  1. mandamus;
  2. temporary or permanent injunctive relief;
  3. declaratory relief;
  4. correction of an inaccurate or incomplete database entry;
  5. preservation of specifically identified evidence;
  6. lawful production of evidence;
  7. required notice or consultation;
  8. performance of a reporting duty;
  9. a corrective-action plan; and
  10. reasonable attorney’s fees and costs when the claimant substantially prevails.
(c-1) Damages are not recoverable under this article.
(d) Unless imminent harm, retaliation, or destruction of evidence is alleged, the claimant shall provide written notice and three business days to cure before seeking relief.
(e) A court shall protect confidential information and may seal records or limit disclosure when necessary.
(f) A proceeding under this article may not be used to:
  1. compel prosecution;
  2. direct a charging or plea decision;
  3. contest a lawful disposition;
  4. interfere with the defendant’s constitutional rights; or
  5. obtain discovery unavailable under other law.
(g) A court shall expedite a proceeding alleging:
  1. an immediate safety threat;
  2. failure to transmit or enter a protective order;
  3. imminent destruction of evidence; or
  4. unlawful disclosure of a confidential address or shelter location.

SECTION 3. DISTRIBUTED FAMILY-PROTECTION COMPLIANCE.

Subchapter C, Chapter 71, Government Code, is amended by adding Section 71.0356 to read as follows:

Sec. 71. 0356. FAMILY-PROTECTION COMPLIANCE COORDINATION.

(a) The existing inspector general, internal auditor, professional-standards office, compliance officer, or equivalent office of the Office of Court Administration, Department of Public Safety, Texas Commission on Law Enforcement, Health and Human Services Commission, Texas Workforce Commission, and office of the attorney general shall perform the family-protection compliance duties within that agency's jurisdiction. This section does not create a new office or require a separate staff unit.
(b) Each responsible office shall receive and investigate complaints, protect confidential information, provide notice and an opportunity to respond, issue written findings, require or recommend corrective action within the agency's authority, refer matters outside its jurisdiction, monitor compliance, and publish an annual de-identified report.
(c) The Office of Court Administration shall coordinate complaints concerning court administration and reporting; the Department of Public Safety shall coordinate database entry and criminal-history systems; the Texas Commission on Law Enforcement shall coordinate peace-officer training and licensing; the Health and Human Services Commission shall coordinate victim services, advocates, and covered health-service duties; the Texas Workforce Commission shall coordinate family-safety leave; and the attorney general shall coordinate statewide legal enforcement and interagency referrals.
(d) An office may not direct a prosecutor's charging or disposition decision, reverse a judicial act, or disclose confidential victim, medical, shelter, juvenile, or criminal-history information except as authorized by law.
(e) Before formal enforcement, the responsible office shall ordinarily provide 30 days to cure. No cure period is required when delay presents an imminent threat of bodily injury or death, retaliation is occurring, or evidence is being intentionally destroyed, concealed, or falsified.

SECTION 4. ADMINISTRATIVE ACCOUNTABILITY.

Subchapter N, Chapter 1701, Occupations Code, is amended by adding Section 1701.658 to read as follows:

Sec. 1701. 658. FAMILY-PROTECTION DUTIES; DISCIPLINE.

(a) A knowing or repeated failure by a licensed peace officer to comply with a ministerial evidence-preservation, reporting, order-entry, transmission, or notification duty may constitute grounds for:
  1. corrective training;
  2. a written reprimand;
  3. suspension; or
  4. license action by the Texas Commission on Law Enforcement after notice and hearing.
(b) An isolated good-faith error must ordinarily be addressed through correction and training rather than license discipline.
(c) Retaliation against a victim, witness, advocate, complainant, or employee reporting noncompliance constitutes a separate violation.
(d) The commission shall adopt rules governing complaints, investigation, notice, hearing, sanctions, corrective training, and referral to the employing agency under this section. The rules must provide due process and judicial review to the extent provided by this chapter.
(e) The commission may subpoena a record or witness only under authority otherwise provided by this chapter.
(f) A law-enforcement agency may not retaliate against a person who in good faith reports noncompliance.
(g) Nothing in this section limits an agency's authority to impose appropriate employment discipline.

SECTION 5. EMERGENCY MEDICAL RESPONSE DUTIES.

Chapter 773, Health and Safety Code, is amended by adding Section 773.0635 to read as follows:

Sec. 773. 0635. FAMILY-VIOLENCE RESPONSE; MINISTERIAL DUTIES.

(a) When emergency medical services personnel respond to a possible family-violence incident and strangulation, suffocation, loss of consciousness, difficulty breathing or swallowing, neurological symptoms, pregnancy-related injury, or another condition presenting an immediate risk is reported or observed, the provider shall:
  1. offer transport or emergency medical evaluation consistent with the provider's authorized level of service;
  2. document whether transport or evaluation was offered and accepted or declined;
  3. provide standardized written and oral information concerning delayed symptoms requiring immediate medical attention;
  4. offer an optional medical-record authorization approved under Article 5A.0161, Code of Criminal Procedure;
  5. preserve the emergency medical services record as required by law;
  6. perform a mandatory child-abuse report when required by Chapter 261, Family Code; and
  7. provide meaningful language access when reasonably available.
(b) Diagnosis, treatment selection, triage, transport priority, and allocation of personnel during competing emergencies remain professional-judgment decisions.
(c) Good-faith emergency care within the responder's training and authority does not create personal liability under this section. Knowing or repeated failure to perform a duty under Subsection (a) may support employment discipline or referral to the applicable licensing authority.

SECTION 6. CERTAIN FAMILY-PROTECTION DUTIES

Subchapter B, Chapter 101, Civil Practice and Remedies Code, is amended by adding Section 101.0217 to read as follows:

Sec. 101. 0217. CERTAIN FAMILY-PROTECTION DUTIES

(a) In this section, “covered duty” means a ministerial duty expressly imposed by law to:
  1. transmit an active protective order after actual notice of a specific and articulable threat;
  2. enter an issued protective order into a required database;
  3. correct a rejected or incomplete protective-order entry after actual notice;
  4. provide a legally required notice of an order, release, or monitoring alert;
  5. transmit a confirmed monitoring violation or emergency alert under an adopted protocol;
  6. provide a legally required emergency medical transport offer, delayed-injury warning, or language-access service after actual notice of a condition presenting an immediate risk of bodily injury; or
  7. perform another immediate-safety duty that the applicable statute expressly designates as ministerial and enforceable under this section.
(a-1) In this section, "knowing" means actual awareness that the statutory conditions requiring performance are satisfied. "Reckless" means conscious disregard of a substantial and unjustifiable risk that failure to perform the covered duty will cause bodily injury or death.
(b) A governmental unit is liable for bodily injury or death proximately caused by a knowing or reckless failure to perform a covered duty if:
  1. the governmental unit or responsible employee had actual notice of a specific and articulable threat to the claimant;
  2. the statutory conditions requiring performance were satisfied;
  3. performance was reasonably possible;
  4. the failure constituted more than ordinary negligence;
  5. the threatened injury was reasonably foreseeable; and
  6. the claimant proves either that timely performance more likely than not would have prevented or materially reduced the injury or that the failure was a substantial factor that materially increased the risk and produced the injury.
(c) Sovereign and governmental immunity to suit and liability are waived and abolished only to the extent of liability expressly created by this section.
(d) Notwithstanding Sections 101.055 and 101.062, the exclusions relating to emergency response, police protection, fire protection, or 911 service do not bar a claim satisfying every requirement of this section.
(e) Damages are subject to Section 101.023. An action must be brought not later than the second anniversary of the injury in a district court in the county where the failure occurred or where the claimant resided when injured.
(f) Exemplary damages are not recoverable.
(g) This section does not impose liability for:
  1. a charging, plea, trial, or dismissal decision;
  2. a judicial decision or other judicial act;
  3. a probable-cause determination;
  4. a medical diagnosis or treatment decision;
  5. allocation of personnel during competing emergencies;
  6. inability to perform caused by circumstances outside the governmental unit’s reasonable control;
  7. a good-faith technical failure that the unit could not reasonably prevent or correct;
  8. a victim’s decision not to accept services;
  9. failure to prevent criminal conduct when no covered duty was violated; or
  10. an injury based solely on dismissal or acquittal of a defendant.
(h) This section creates liability against the governmental unit and does not create personal liability against an employee acting within the scope of employment.
(i) This section does not limit liability otherwise available for:
  1. intentional evidence destruction;
  2. falsification of an official record;
  3. retaliation;
  4. corruption;
  5. conduct outside the scope of employment; or
  6. a violation of federal law.

SECTION 7. NOTICE AND OPPORTUNITY TO CURE

(a) Except when the claim involves death or an emergency preventing notice, a claimant shall provide notice under Section 101.101.
(b) Before seeking equitable relief, a claimant shall provide a reasonable opportunity to cure unless:
  1. injury is imminent;
  2. evidence is at risk of destruction;
  3. confidential information is at risk of disclosure; or
  4. the governmental unit has stated that it will not comply.

SECTION 8. NO DEFENDANT WINDFALL

Except as required by the federal or state constitution, Article 39.14, Code of Criminal Procedure, or other law:
  1. governmental noncompliance with this Act does not automatically require exclusion of evidence;
  2. noncompliance does not create an automatic ground for dismissal;
  3. noncompliance does not establish guilt;
  4. noncompliance may not be used to reduce the State’s evidentiary burden; and
  5. a civil or administrative remedy may not restrict a defendant’s existing constitutional or statutory remedy.

SECTION 9. TRANSITION.

(a)The equitable and administrative remedies apply to a failure occurring on or after January 1, 2028.
(b) Section 101.0217, Civil Practice and Remedies Code, as added by this Act, applies only to conduct occurring on or after January 1, 2028; prior conduct is governed by prior law.
(c) Each agency shall designate its responsible existing compliance office and adopt required procedures not later than December 1, 2027.

SECTION 10. EFFECTIVE DATE.

This Act takes effect September 1, 2027.

Family Protection Implementation and Appropriations Act

General Appropriations and Implementation · 90th Legislature
Provides contingent appropriations, grants, reporting, and implementation support for the coordinated family-protection legislation package.
Clean Legislative DraftOctober 202690th Texas LegislatureRep. Will Campbell — HD 109
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By: ____________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to appropriations and grants to implement family-violence evidence, protective-order, victim-support, training, monitoring, data, and compliance programs; making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. DEFINITIONS.

In this Act:
  1. "Commission" means the Health and Human Services Commission.
  2. "Criminal justice division" means the criminal justice division in the office of the governor.
  3. "Implementing Acts" means the Family Violence Evidence and Court Accountability Act, Protective Order and High-Risk Offender Act, Survivor Economic Independence Act, and Family Protection Government Accountability Act enacted by the 90th Legislature, Regular Session, 2027.

SECTION 2. CRIMINAL-JUSTICE IMPLEMENTATION GRANTS.

(a)In addition to other amounts appropriated for the state fiscal biennium beginning September 1, 2027, the amount of $________ is appropriated from the general revenue fund to the criminal justice division to provide grants for:
  1. body-worn-camera, 911, and digital-evidence storage;
  2. evidence-management and local data-interface systems;
  3. rural and regional technology assistance;
  4. vertical prosecution and family-violence investigators;
  5. domestic-violence high-risk teams;
  6. location monitoring for indigent defendants;
  7. victim-notification technology; and
  8. protective-order service and after-hours database entry.
(b)The division shall prioritize rural, underserved, and high-volume jurisdictions and may require a grant recipient to provide outcome and expenditure data.

SECTION 3. ADVOCATE AND SURVIVOR-SUPPORT APPROPRIATIONS.

(a)In addition to other amounts appropriated for the state fiscal biennium beginning September 1, 2027, the following amounts are appropriated from the general revenue fund to the commission:
  1. $________ for a statewide and regional on-call family-violence advocate network, including secure remote conferences;
  2. $________ for independent civil legal services;
  3. $________ for emergency housing, relocation, and flexible safety assistance;
  4. $________ for temporary lodging when no shelter bed is available; and
  5. $________ for emergency-medical and clinical training and standardized forms.
(b)Receipt of assistance funded under this section may not be conditioned on filing a charge, obtaining a protective order, permanently separating from an alleged offender, testifying, or cooperating with law enforcement.

SECTION 4. STATE AGENCY IMPLEMENTATION.

In addition to other amounts appropriated for the state fiscal biennium beginning September 1, 2027, the following amounts are appropriated from the general revenue fund:
  1. $________ to the Office of Court Administration for court and prosecutor reporting systems, dismissal codes, a public dashboard, privacy review, validation, and technical assistance;
  2. $________ to the Department of Public Safety for TCIC and NCIC interfaces, order-entry auditing, and temporary statewide electronic notices;
  3. $________ to the Texas Commission on Law Enforcement for curriculum development, model policies, compliance audits, and technical assistance;
  4. $________ to the Texas Workforce Commission for administration of family-safety-leave complaints; and
  5. $________ to the office of the attorney general for interagency legal coordination and enforcement.

SECTION 5. USE OF EXISTING PERSONNEL.

An agency receiving money under this Act shall use an existing inspector general, internal auditor, professional-standards office, compliance officer, or equivalent office to perform compliance duties when practicable. The agency may not create a new stand-alone family-protection compliance office unless specifically authorized by the General Appropriations Act.

SECTION 6. TRANSFER AND LIMITATION.

(a)An agency may transfer money among strategies within an appropriation made to that agency by this Act only after providing written notice to the Legislative Budget Board and the governor stating the amount, purpose, and effect of the transfer.
(b)Money appropriated by this Act may not be used to compel victim participation, create a mandatory no-drop prosecution policy, purchase firearms, or fund a firearm-seizure program not otherwise authorized by law.
(c)Unexpended balances remaining on August 31, 2028, are appropriated for the same purposes for the state fiscal year ending August 31, 2029.

SECTION 7. REPORTING.

Not later than December 1, 2028, and December 1, 2029, each agency receiving an appropriation under this Act shall report to the Legislative Budget Board, governor, lieutenant governor, speaker of the house of representatives, and appropriate standing committees the amount expended, grants awarded, geographic distribution, performance measures, implementation barriers, and unobligated balance.

SECTION 8. CONTINGENCY.

(a)An appropriation for a program authorized only by an Implementing Act is contingent on that Act becoming law. If that Act does not become law, the related appropriation has no effect.
(b)Before filing, the Texas Legislative Council and Legislative Budget Board shall insert enacted bill numbers, certified fiscal amounts, methods of finance, strategies, full-time-equivalent limitations, and any required riders. A blank amount in this working draft is not an appropriation.

SECTION 9. EFFECTIVE DATE.

This Act takes effect September 1, 2027.