Protecting Families From Abuse - Modernizing Laws to Protect Victims and The Wrongfully Accused
Protecting Families From Abuse
Stronger Evidence, Enforceable Protective Orders, Safe Paths to Independence, and Accountable Government
Executive Summary
This article explains five proposed bills prepared for consideration during the 90th Texas Legislature. The legislation remains subject to review by the Texas Legislative Council, official fiscal analysis by the Legislative Budget Board, stakeholder review, and revision before filing.
Texas must protect families from abuse without abandoning due process, presuming guilt, forcing victims to participate in prosecutions, or interfering with legitimate decisions by judges, prosecutors, law-enforcement officers, and medical professionals.
Recent reporting from Bexar County raised serious questions after a local analysis found that nearly nine out of every ten eligible misdemeanor domestic-violence cases reviewed during the first half of 2026 had been dismissed. [KSAT, 2026a] That analysis does not establish that every dismissal was improper, and it should not be generalized to every Texas county without comparable statewide data. It does, however, expose a basic accountability problem: Texas cannot adequately evaluate its family-violence system when courts and prosecutors do not use sufficiently detailed, standardized, and publicly reportable disposition data.
The challenge extends beyond what happens in a courtroom. A family-violence case can be weakened long before a prosecutor reviews it if a 911 recording is deleted, a body-worn camera is not activated, visible injuries are not photographed, delayed injuries are not documented, prior protective orders are not identified, or evidence remains scattered among agencies. [KSAT, 2026b] Protective orders cannot provide their intended protection if they are not promptly transmitted, entered into law-enforcement databases, served, and enforced. A victim may also remain trapped when leaving would mean losing a job, housing, transportation, child care, or access to legal assistance.
The proposed Protecting Families From Abuse legislative package addresses those connected failures through five coordinated bills:
- The Family Violence Evidence and Court Accountability Act strengthens first-response documentation, body-worn-camera practices, evidence preservation, follow-up investigations, victim consultation, dismissal reporting, and statewide case-disposition data.
- The Protective Order and High-Risk Offender Act improves protective-order transmission, database entry, service, enforcement, expedited court settings, and carefully limited location monitoring for defendants who present a demonstrated continuing threat.
- The Survivor Economic Independence Act creates family-safety leave and expands access to independent legal assistance, emergency financial help, safer housing, lock changes, emergency transfers, and protection against abuse-related eviction and rental-history penalties.
- The Family Protection Government Accountability Act makes clearly defined ministerial duties enforceable while preserving judicial, prosecutorial, medical, and emergency-response discretion. It emphasizes correction, training, administrative accountability, and limited entity-level liability for especially serious knowing or reckless failures.
- The Family Protection Implementation and Appropriations Act funds evidence storage, protective-order systems, advocates, legal services, emergency housing, training, monitoring, reporting, and implementation grants.
This is not a mandatory-prosecution or “no-drop” package. It does not allow an accusation, arrest, risk assessment, or protective order to prove guilt. It does not eliminate the State’s burden of proof, authorize automatic electronic monitoring, create an automatic right to damages for ordinary mistakes, or require victims to testify. It instead seeks to build cases from reliable evidence, protect voluntary victim participation, identify demonstrated danger through individualized judicial findings, make government perform duties the law clearly assigns, and give families a realistic opportunity to reach safety.
The Problem Is Larger Than a Dismissal Rate
A local warning, not a statewide verdict
The public discussion that helped prompt this proposal began with reporting about misdemeanor family-violence cases in Bexar County. KSAT reported that its analysis found an approximately 89 percent dismissal rate among eligible cases reviewed during the first half of 2026. [KSAT, 2026a] Dr. Edgardo Rafael Báez cited that reporting in a public statement and called for stronger evidence practices, greater transparency, improved protective-order enforcement, support for survivors, and closer attention to repeat or high-risk offenders. [Báez, 2026]
A high dismissal rate deserves investigation, but the number alone cannot tell the public why the cases were dismissed. A dismissal may result from insufficient admissible evidence, an unavailable witness, a legal defect, a superseding charge, successful completion of an authorized program, a plea in another case, inability to locate a defendant, or another lawful reason. Nor does dismissal prove that the original report was false or that the accused committed the alleged offense.
That is why this package does not direct prosecutors to pursue cases that cannot lawfully be proven. Texas law already recognizes that the State—not an individual complainant—has responsibility for deciding whether to file, continue, or dismiss a criminal case involving family violence. Current law also states that an official may not dismiss or delay a family-violence case merely because a victim asks that the case be dismissed. [Texas Legislature, n.d.-a]
The proper legislative response is not to assume wrongdoing from a percentage. It is to require enough neutral, standardized information to distinguish among lawful dismissals, avoidable evidentiary failures, administrative delays, and recurring system problems.
Texas needs comparable information
The Texas Department of Public Safety collects statewide crime information, while the Office of Court Administration collects court activity and publishes judicial reports. [Texas Department of Public Safety, 2024] [Texas Office of Court Administration, n.d.-a] These systems provide important data, but they do not currently give the public a complete, easily comparable picture connecting family-violence charges to detailed disposition reasons across every county and court.
A statewide dashboard should not be designed to shame courts, prosecutors, defendants, or victims. It should help Texas answer practical questions:
- How many family-violence cases are filed?
- How many end in conviction, acquittal, dismissal, diversion, or another disposition?
- Why are cases dismissed?
- How often is evidence missing, unavailable, suppressed, or legally insufficient?
- How long do cases remain pending?
- How frequently do defendants charged with violating protective orders receive repeat charges?
- Are outcomes materially different among counties, courts, or offense categories?
- Which differences remain after accounting for case type, evidentiary strength, and procedural posture?
Without standardized answers, elected officials may overreact to isolated figures, while real failures remain hidden inside broad categories.
The Principles Behind the Package
Family violence involves competing duties that must be handled together rather than treated as political slogans.
The State has a duty to protect life, preserve public order, investigate reported crimes, enforce valid court orders, and use public resources responsibly. It also has a duty to protect the constitutional rights of the accused, respect the autonomy and privacy of victims, and avoid converting professional judgment into automatic liability whenever an outcome is tragic.
The package therefore rests on seven principles.
Build cases from evidence
A prosecution should not depend entirely on whether a frightened, injured, financially dependent, or threatened person is willing and able to recount the incident months later. Officers should collect available evidence at the scene, document what they personally observed, preserve recordings and digital evidence, and perform appropriate follow-up.
Keep the burden on the State
The accused remains presumed innocent. The State must prove every element of a criminal offense beyond a reasonable doubt. A report, arrest, protective order, risk-screening result, or allegation does not itself establish guilt.
Respect victim autonomy
A victim may decline an interview, medical treatment, photography, a medical-record authorization, safety screening, advocacy, or continued contact. Refusing a service should not be treated as proof that the report was false or as justification for withholding other assistance.
Focus restrictions on demonstrated risk
Electronic monitoring and other substantial restrictions should depend on individualized judicial findings, disclosed evidence, counsel, an opportunity to contest the restriction, consideration of less restrictive alternatives, and periodic review.
Make clear duties enforceable
Professional judgment must remain protected. By contrast, once the law imposes a clear duty—such as transmitting an issued protective order, preserving identified evidence, entering an order into a database, or providing a legally required notice—the responsible government entity should not be free to disregard that duty without correction or accountability.
Give families a viable path to safety
A paper order offers limited protection when a victim cannot miss work, pay a deposit, replace locks, obtain child care, secure transportation, or consult an independent attorney. Safety policy must account for these practical barriers.
Measure results honestly
Texas should report outcomes using neutral definitions, protect confidential information, disclose data limitations, and allow counties to be compared fairly. Transparency should identify problems without exposing victims or prejudicing defendants.
From Concern to Legislative Response
| Identified concern | Legislative response | Primary bill |
|---|---|---|
| Cases rely too heavily on later victim participation | Improve scene documentation, recordings, photographs, medical authorization offers, follow-up investigation, and evidence transfer | Family Violence Evidence and Court Accountability Act |
| Recordings and physical evidence may be lost | Establish a minimum five-year retention period, subject to longer limitation periods, pending proceedings, appeals, and preservation notices | Family Violence Evidence and Court Accountability Act |
| The public cannot determine why cases are dismissed | Create neutral disposition codes, confidential administrative explanations, validation procedures, and aggregated public reporting | Family Violence Evidence and Court Accountability Act |
| Victims may sign documents without independent guidance | Offer confidential consultation with a qualified advocate before an affidavit of non-prosecution is accepted | Family Violence Evidence and Court Accountability Act |
| Protective orders can be delayed in transmission, entry, or service | Require rapid electronic transmission, entry within 12 hours after receipt, auditable service efforts, corrections, and temporary notices when validated entry is temporarily impossible | Protective Order and High-Risk Offender Act |
| Repeat or order-related conduct can signal elevated danger | Permit temporary monitoring and continued monitoring only through an individualized, adversarial process with written findings and periodic review | Protective Order and High-Risk Offender Act |
| Criminal cases involving continuing danger can remain unresolved | Give qualifying high-risk cases reasonable docket priority without denying either side adequate preparation | Protective Order and High-Risk Offender Act |
| Victims may be unable to leave because of employment or housing | Provide ten workdays of family-safety leave, emergency aid, legal assistance, transfers, lock changes, and anti-eviction protections | Survivor Economic Independence Act |
| Government duties exist without a practical enforcement path | Permit prospective equitable relief, administrative complaints, corrective action, training, and narrow governmental remedies | Family Protection Government Accountability Act |
| Local agencies may lack technology, storage, advocates, or staff capacity | Fund regional grants, evidence systems, advocates, legal services, monitoring, data systems, and training | Family Protection Implementation and Appropriations Act |
Build the Case in the First Hours
Evidence should not disappear with time
Family-violence investigations frequently begin inside homes, vehicles, workplaces, hotels, or public spaces where conditions change quickly. Injuries can change appearance. Damaged property can be repaired. Messages can be deleted. Witnesses can become unavailable. Memory can fade. A 911 recording may capture facts, fear, threats, background sounds, and timing that cannot be reconstructed later.
Current Texas law requires officers investigating family-violence incidents to prepare written reports containing specified information, including the names of the suspect and complainant, the date and location, visible or reported injuries, a description of the incident, and whether an arrest occurred. [Texas Legislature, n.d.-b] The proposed legislation builds on that foundation rather than replacing it.
The enhanced report would distinguish among:
- Facts personally observed by an officer.
- Statements attributed to victims, suspects, children, and other witnesses.
- Information drawn from prior reports or databases.
- Inferences or professional conclusions.
- Visible injuries and reported pain.
- Indications of strangulation or suffocation.
- Firearm access or threatened weapon use.
- Prior protective orders, bond conditions, calls, or reported violations.
- The presence and condition of children.
- Evidence collected and evidence that was unavailable, unsafe to collect, declined, or prohibited by law.
This distinction matters for both sides. Prosecutors need to know what can be authenticated and offered in court. Defense counsel must be able to identify hearsay, inconsistencies, missing evidence, or unsupported conclusions. Courts need reliable information when setting bond or considering an emergency protective order.
Body-worn cameras are a tool, not a verdict
Research on body-worn cameras does not support treating cameras as a cure-all. Effects vary by policy, officer compliance, agency practice, and the outcome being measured. The National Institute of Justice explains that body-worn-camera evidence can improve documentation and review, but results across studies remain mixed and context dependent. [National Institute of Justice, n.d.]
Research focused specifically on intimate-partner-violence cases found that body-worn-camera evidence was associated with differences in criminal-justice processing, including charging and case outcomes, in the jurisdiction studied. [Morrow et al., 2016] The study does not prove that the same results will occur in every Texas jurisdiction, but it supports preserving first-response recordings as potentially important evidence rather than relying exclusively on later recollection.
The proposal generally requires an equipped officer dispatched to possible family violence to activate the camera before arrival when reasonably practicable and continue recording during active participation. It also recognizes legitimate exceptions:
- A specific threat to safety.
- Equipment failure or unavailability.
- Interference with emergency medical care.
- A legal prohibition.
- A victim’s privacy request after the immediate emergency has ended, when continued recording is not needed for evidence or safety.
- Another circumstance making recording objectively unreasonable or impracticable.
An officer who delays or stops recording must document the reason, with supervisory review of unexplained or extended failures. The purpose is accountability, not automatic punishment.
Preserve inculpatory and exculpatory evidence
The preservation rules expressly cover evidence that tends to implicate a suspect and evidence that tends to clear one. Covered evidence includes 911 recordings, dispatch records, body-worn and dashboard-camera video, surveillance recordings, photographs, witness statements, digital communications, physical evidence, medical authorizations, emergency-medical records, high-risk screening documents, and records concerning protective orders or bond conditions.
Unless another law requires longer retention, covered evidence would be preserved until the latest applicable event, including:
- Five years after the incident.
- Expiration of the relevant limitation period.
- Final disposition and expiration of the time for direct appeal.
- Final disposition of a related protective-order proceeding.
- Final disposition of a related civil claim after proper notice.
- Expiration or withdrawal of a valid preservation notice.
A victim, defendant, defense attorney, prosecutor, court, or other authorized person could issue a sufficiently specific preservation notice. The recipient would have to acknowledge the notice and state whether the evidence is preserved, unavailable, outside its control, nonexistent, or unlocatable after a reasonable search.
Preservation does not equal disclosure. The bill does not allow unauthorized access to confidential evidence, medical records, criminal-history information, or protected victim information. It preserves material so that a court can later determine who may lawfully receive it.
Move evidence promptly
Within 24 hours after an arrest, the investigating agency would transmit reasonably available safety and probable-cause information to the magistrate and prosecutor. Additional evidence would be transmitted when it becomes reasonably available.
The proposal expressly preserves the prosecution’s constitutional and statutory discovery duties. Texas law requires the State to disclose designated evidence to the defense, including material evidence that may be favorable to the defendant, subject to lawful restrictions and protective measures. [Texas Legislature, n.d.-c]
Follow injuries that develop later
The evidence bill requires officers to offer follow-up contact and photographs approximately 24 to 72 hours after an incident when strangulation, suffocation, internal injury, delayed bruising, or another developing injury is reported or reasonably suspected. Participation remains voluntary, and emergency treatment may never be delayed for evidence collection.
The accompanying accountability bill would require emergency-medical personnel responding to specified danger indicators to offer transport or evaluation, document whether it was accepted, provide standardized information about delayed symptoms, and preserve the medical-response record. Diagnosis, treatment, triage, transport priority, and allocation of personnel during competing emergencies remain professional medical judgments.
Protect Victims Without Controlling Them
The State prosecutes; the victim does not
The phrase “victim dropped the charges” often misstates how criminal prosecution works. The government—not the complaining witness—files and disposes of a criminal charge. Texas law specifically provides that a prosecutor may not dismiss or delay a family-violence case solely because the victim requests dismissal. [Texas Legislature, n.d.-a]
That does not mean the victim’s wishes are irrelevant. A victim may have information about safety, coercion, financial dependence, child care, housing, immigration consequences, or the practical effects of continued litigation. The State should listen, provide accurate information, protect against intimidation, and avoid making participation a condition of receiving help.
Independent consultation before an affidavit
An affidavit of non-prosecution can have serious consequences, yet a victim may be asked to sign one while under pressure from the accused, relatives, financial circumstances, or fear of retaliation. The evidence bill would require an offer of confidential consultation with a qualified family-violence advocate before such an affidavit is accepted for a family-violence case.
The advocate would explain:
- That the prosecutor, not the victim, controls the charging decision.
- That signing does not guarantee dismissal.
- That refusing to sign does not guarantee prosecution.
- Available protective orders and safety-planning resources.
- Possible housing, employment, financial, and legal assistance.
- The consequences of knowingly making a false statement.
- The victim’s right to decline advocacy or continued participation.
The consultation is not intended to pressure the victim toward prosecution. Its purpose is to ensure that an important decision is informed and, as far as reasonably possible, voluntary.
Services cannot depend on cooperation
The package repeatedly prohibits conditioning assistance on filing charges, obtaining a protective order, permanently leaving the alleged offender, testifying, signing an affidavit, or cooperating with law enforcement.
This separation is important because safety is not a single event. A person may leave and return multiple times, remain in contact because of children or finances, decline prosecution, or be unable to relocate immediately. Refusing one option should not disqualify that person from shelter, medical care, legal assistance, safety planning, or emergency financial help.
The Centers for Disease Control and Prevention identifies economic security, healthy relationship skills, protective environments, and survivor-centered support as interconnected components of intimate-partner-violence prevention and response. [Centers for Disease Control and Prevention, 2017] The legislative package applies that practical insight without adopting any source’s policy conclusions wholesale: physical safety often depends on whether a family can obtain housing, income, transportation, child care, communication, and legal help.
Make Protective Orders Operational
A protective order must move from the courtroom to the systems used by officers in the field. Texas maintains a statewide protective-order registry, while law-enforcement access and public access differ according to law and the sensitivity of the records. [Texas Office of Court Administration, n.d.-b] [Texas Office of Court Administration, 2024]
The proposed Protective Order and High-Risk Offender Act establishes measurable duties at each stage.
Transmission
A court or magistrate issuing an emergency protective order would transmit it electronically to every required government entity immediately and no later than four hours after issuance.
A major emergency or insufficient identifying information may make that deadline impossible. In that circumstance, the issuing authority must document the specific problem and transmit the order as soon as practicable.
Database entry
The receiving agency would enter the order into the Texas Crime Information Center as soon as practicable and no later than 12 hours after receipt.
If a major emergency or insufficient information temporarily prevents validated entry, the agency would document the problem, create a temporary statewide notice accessible to law enforcement, and complete the validated entry when the problem ends.
Service
Each order would designate the agency responsible for service. The agency would promptly begin reasonable service efforts, document unsuccessful attempts, and continue until service is completed, another authorized entity confirms service, the order expires, or the court directs otherwise.
Verification and enforcement
When an alleged violation is reported, an officer would attempt to verify the order through the Texas Crime Information Center, National Crime Information Center, issuing court, a reliable copy, or another reliable source. A delayed database entry would not invalidate an otherwise enforceable order.
The legislation does not require arrest based solely on an accusation. Officers must still determine whether probable cause exists and act according to existing arrest authority. If probable cause is not found, the material facts supporting that determination must be documented.
This balances urgency with constitutional restraint: police should not ignore a credible report merely because a database is incomplete, but neither should a person be arrested solely because someone alleges a violation.
Concentrate Restrictions on Demonstrated Danger
Monitoring must be individualized
Electronic location monitoring can be a substantial restriction. It may affect work, travel, medical care, child visitation, religious activity, privacy, and a defendant’s ability to comply with other court requirements. It also creates sensitive location data and the possibility of technical errors.
The proposed legislation therefore rejects automatic GPS monitoring for everyone accused of family violence.
At magistration, a court could impose temporary monitoring only when sworn information establishes probable cause to believe that the defendant committed a family-violence offense and that monitoring is immediately necessary to address a specific, articulable continuing threat. [Texas Legislature, n.d.-e]
The temporary condition would expire on the third business day unless the defendant waives a hearing after consulting counsel or the court holds an adversarial hearing.
Continued monitoring would require written findings that:
- The State proved a continuing threat by clear and convincing evidence.
- Less restrictive conditions would not reasonably protect the alleged victim or public.
- Each geographic restriction is sufficiently specific.
- The monitoring system can reasonably implement the condition.
- The burden is not excessive compared with the identified threat.
The defendant would have a right to counsel, reasonable notice of the factual basis, and enough disclosure to contest the restriction. Sensitive information could be redacted, protected, or submitted under seal, but not withheld so completely that the hearing becomes meaningless.
The court may consider patterns, not stereotypes
Relevant evidence may include prior convictions, prior judicial findings, protective-order violations, strangulation, stalking, unlawful tracking, credible threats, weapon access, escalation, kidnapping, forced entry, harm to children or pets, and the alleged victim’s assessment of danger.
A rebuttable presumption of continuing threat would apply when reliable evidence establishes that a defendant committed a new family-violence offense while subject to an active protective order or family-violence bond condition, or repeatedly violated the order or condition.
Even then, the presumption may be contested. An arrest, unsupported allegation, or risk-screening score cannot alone establish a continuing threat.
Protect against technical injustice
A technical alert, temporary signal loss, charging failure, malfunction, or third-party interference would not automatically establish a violation. Before imposing sanctions, a court would have to find that the defendant knowingly or recklessly violated the monitoring condition.
Monitoring data would have to be encrypted, access limited and logged, commercial use prohibited, and data destroyed after the required period unless a court orders continued preservation.
A defendant could not be detained or punished merely because the defendant cannot afford the monitoring fee. If the court requires monitoring for an indigent defendant, public or otherwise authorized funds would cover the cost.
The condition would be reviewed at least every 60 days, after a material change in circumstances, or on motion of either party.
Give genuinely dangerous cases reasonable priority
The bill would also direct courts to give reasonable docket priority to cases involving alleged new offenses committed while an order or family-violence bond condition is active, alleged order violations, strangulation, stalking, kidnapping, deadly weapons, serious bodily injury, credible homicide or suicide threats, or another articulable continuing threat.
Priority is not permission to rush a defendant to trial unprepared. Courts must preserve reasonable time to obtain counsel, investigate, review discovery, retain experts, summon witnesses, and litigate constitutional and evidentiary issues.
Give Families a Realistic Path Out
Economic pressure is a safety issue
Family violence can affect physical safety, employment, housing, transportation, child care, credit, identity documents, and access to money. [Centers for Disease Control and Prevention, n.d.] National public-health guidance treats economic support and survivor-centered services as relevant components of prevention and safety. [Centers for Disease Control and Prevention, 2017]
Texas already provides certain lease-termination and lock-change rights under defined circumstances. Existing Property Code provisions allow qualifying tenants to terminate leases early or obtain lock changes in specified family-violence situations, subject to statutory documentation and notice rules. [Texas Legislature, n.d.-d]
The proposed Survivor Economic Independence Act builds on those protections.
Independent civil legal assistance
The Health and Human Services Commission would administer grants for independent attorneys assisting victims with: [Texas Health and Human Services Commission, n.d.]
- Protective orders.
- Housing and lease termination.
- Employment rights.
- Child custody and support.
- Immigration consequences.
- Crime-victim compensation.
- Identity theft and financial abuse.
- Restitution.
- Enforcement of legal rights.
The attorney would represent the victim—not the State, police, or prosecutor. Assistance could not be conditioned on cooperation in a criminal investigation or prosecution.
Flexible emergency assistance
Qualified family-violence service providers could use stabilization grants for immediate needs such as: [Texas Health and Human Services Commission, 2024]
- Emergency lodging.
- Deposits and temporary rent.
- Utilities and lock replacement.
- Transportation.
- Child care.
- Replacement identification.
- Communication and technology safety.
- Food, medication, clothing, and household necessities.
- Another expense directly connected to immediate safety or separation.
A flexible program recognizes that different families face different barriers. One person may need a hotel room; another may need a rental deposit, gasoline, a replacement telephone, medication, or child care for a court hearing.
Family-safety leave
Employees who have worked for a covered employer for at least 30 days would be entitled to as many as ten unpaid workdays of family-safety leave during a 12-month period. The requirement would apply to employers with at least 15 employees.
Leave could be used to:
- Obtain medical or mental-health treatment.
- Seek victim services or safety planning.
- Relocate or secure housing.
- Seek a protective order.
- Meet with police, an advocate, or an attorney.
- Attend legal or child-related proceedings.
- Help the employee’s child with a qualifying need.
An employee could choose to use accrued paid leave but could not be forced to exhaust it first. Advance notice would be required when practicable, but not during an emergency.
Employers could request reasonable documentation, including a sworn employee statement, but could not demand a confidential shelter address, privileged communications, or proof that criminal charges were filed. Information would remain confidential except with consent, when legally required, or when reasonably necessary to address an immediate threat.
The Texas Workforce Commission would investigate complaints and first attempt conciliation. Civil action would become available only after the administrative process, with remedies including reinstatement, lost wages, actual damages, equitable relief, costs, and attorney’s fees. Exemplary damages would not be authorized.
Texas generally allows private employers to establish their own vacation and sick-leave policies unless a specific law, contract, or policy provides otherwise. [Texas Workforce Commission, n.d.] That makes a carefully defined family-safety leave statute necessary if Texas wants these protections to apply consistently across covered employers.
Housing stability
The bill would:
- Require expedited hearings for temporary exclusive possession of a residence.
- Prohibit conditioning that relief on continuation of a criminal case.
- Require state-supported housing to permit an emergency transfer to an available comparable unit when necessary for safety.
- Prohibit eviction or nonrenewal based substantially on abuse committed against the tenant, calls for emergency assistance, or perpetrator-caused damage, subject to a limited safety exception.
- Require an expedited lock change within 24 hours after qualifying documentation.
- Prohibit denial of a rental application based substantially on abuse-related eviction, debt, damage, or lease termination.
- Protect the confidentiality of the victim’s request, supporting information, new address, and transfer location.
These protections do not require a landlord to disregard unrelated rental history, dangerous conduct by the applicant, ordinary nonpayment unrelated to abuse, or other material information.
Explain Dismissals Instead of Politicizing Them
Neutral public codes
The Family Violence Evidence and Court Accountability Act would require standardized disposition and dismissal categories. Public-facing codes should be factual and neutral—for example:
- Evidentiary insufficiency.
- Essential witness unavailable.
- Evidence suppressed or legally inadmissible.
- Superseding indictment or refiled charge.
- Plea or disposition in another case.
- Defendant deceased or incompetent.
- Diversion or authorized program completion.
- Interests-of-justice dismissal.
- Administrative or jurisdictional defect.
- Other reason requiring confidential explanation.
A short public code cannot capture every case. Prosecutors would therefore maintain a more detailed confidential explanation for auditing and oversight. That explanation would remain protected from public release when necessary to preserve victim safety, attorney work product, ongoing investigations, medical information, juvenile information, or the defendant’s right to a fair trial.
Data must include context
A statewide dashboard should publish aggregated information by county, court, offense category, filing year, disposition type, dismissal reason, and time to disposition. Small-cell suppression and other privacy protections should prevent identification of victims or defendants from rare combinations of data.
The Office of Court Administration would establish definitions, validate submissions, identify missing information, and explain limitations. [Texas Office of Court Administration, n.d.-a] The dashboard should distinguish:
- Cases filed from incidents reported.
- Defendants from charges.
- Original charges from reduced or superseding charges.
- Dismissals before and after indictment or information.
- Dismissals followed by refiling.
- Deferred dispositions from convictions.
- Pending cases from completed cases.
The purpose is not to create a prosecution quota. A court or prosecutor should never be rewarded for convictions without regard to justice, evidence, or constitutional rights. The purpose is to detect where evidence disappears, orders are delayed, cases repeatedly fail for the same preventable reason, or resources do not match caseloads.
Hold Government Accountable Without Punishing Judgment
Distinguish ministerial duties from discretionary decisions
A central drafting challenge is separating a ministerial duty from a professional or discretionary decision.
A ministerial duty is a clearly assigned act that leaves little or no room for deciding whether the government should perform it. Examples include transmitting an already-issued order, entering it into a required database, correcting a rejected entry after notice, preserving identified evidence, or providing a notice that the law expressly requires.
Discretionary decisions include:
- Whether probable cause exists.
- What charge to file.
- Whether evidence is sufficient to continue prosecution.
- Whether to offer or accept a plea.
- How a judge rules.
- How emergency personnel allocate resources among competing emergencies.
- Medical diagnosis and treatment selection.
The proposed accountability system targets the first category while protecting the second.
Equitable enforcement
A victim, guardian, or authorized legal representative could ask a district court to order performance of a clear legal duty. Available relief could include:
- Preservation of identified evidence.
- Correction of an inaccurate database entry.
- Transmission or entry of an order.
- Required notice or consultation.
- Performance of a reporting duty.
- A corrective-action plan.
- Injunctive, declaratory, or mandamus relief.
The remedy could not be used to compel prosecution, dictate a charging or plea decision, reverse a judicial act, interfere with a defendant’s rights, or obtain discovery unavailable under other law.
Except in an emergency involving imminent injury, retaliation, destruction of evidence, or disclosure of protected information, the responsible entity would receive notice and an opportunity to correct the failure before litigation.
Distributed oversight
The package does not create a new statewide bureaucracy. Existing inspectors general, internal auditors, professional-standards units, compliance officers, and equivalent offices would handle complaints within their existing jurisdictions.
Responsibility would be divided among:
- The Office of Court Administration for court administration and reporting.
- The Department of Public Safety for database and criminal-history systems.
- The Texas Commission on Law Enforcement for peace-officer training and licensing.
- The Health and Human Services Commission for victim services and designated health-service duties.
- The Texas Workforce Commission for family-safety leave.
- The attorney general for statewide legal coordination and authorized enforcement.
These offices would investigate complaints, protect confidential information, allow a response, issue findings, require or recommend corrective action, refer matters outside their authority, and publish de-identified annual reports.
Correction before punishment
An isolated good-faith mistake by a peace officer would ordinarily be addressed through correction and training. Knowing or repeated failures involving ministerial preservation, reporting, transmission, entry, or notification duties could lead to reprimand, corrective training, suspension, or licensing action after notice and a hearing.
Retaliation against a victim, witness, advocate, complainant, or employee reporting noncompliance would constitute a separate violation.
Narrow entity-level liability
The accountability bill creates a limited cause of action against a governmental unit—not an individual employee—for bodily injury or death caused by a knowing or reckless failure to perform certain enumerated immediate-safety duties.
A claimant would have to prove, among other elements:
- Actual notice of a specific and articulable threat.
- Satisfaction of the statutory conditions requiring performance.
- That performance was reasonably possible.
- More than ordinary negligence.
- Foreseeability.
- A legally sufficient causal connection between the failure and injury.
The proposal does not impose damages for ordinary negligence, a bad outcome, a dismissal, an acquittal, a technical failure outside the entity’s control, good-faith emergency judgment, inability to stop another person’s criminal act, or a victim’s decision to decline services.
Exemplary damages would not be available. Existing statutory damage limits would apply. Judges would remain protected for judicial acts, prosecutors for prosecutorial decisions, medical professionals for protected professional judgment, and public employees from new personal liability while acting within the scope of employment.
Fund the Duties Texas Creates
A mandate without funding can become an unfunded promise. Evidence storage, database integration, advocate coverage, legal assistance, protective-order service, electronic monitoring, training, and public reporting all carry real costs.
The Family Protection Implementation and Appropriations Act would establish appropriations for:
- Body-worn-camera, 911, and digital-evidence storage.
- Evidence-management and local data-interface systems.
- Rural and regional technical assistance.
- Specialized investigators and vertical-prosecution capacity.
- High-risk teams.
- Monitoring costs for indigent defendants.
- Victim-notification systems.
- Protective-order service and after-hours database entry.
- Regional on-call advocates and secure remote consultations.
- Independent civil legal services.
- Emergency housing and relocation.
- Temporary lodging when shelter beds are unavailable.
- Medical and clinical training.
- Court and prosecutor reporting systems.
- TCIC and NCIC interfaces.
- Training, model policies, audits, and technical assistance.
- Family-safety-leave administration.
The working draft intentionally leaves appropriation amounts blank. Those figures should be inserted only after the Legislative Budget Board produces reliable fiscal estimates and the Legislature identifies the proper method of finance.
Grant priority would go to rural, underserved, and high-volume jurisdictions. Agencies would have to report expenditures, grant distribution, performance measures, implementation barriers, and unspent balances.
Funds could not be used to compel victim participation, create a mandatory no-drop policy, purchase firearms, or establish a firearm-seizure program not otherwise authorized by law.
What the Package Does Not Do
The package is intentionally limited.
It does not presume guilt
An allegation, arrest, protective order, screening score, or monitoring alert does not prove a criminal offense. The State retains the burden of proving guilt beyond a reasonable doubt.
It does not prohibit legitimate dismissals
Prosecutors may dismiss cases when evidence is legally insufficient, prosecution would be unjust, a witness is unavailable, evidence is inadmissible, another disposition resolves the conduct, or another lawful reason applies. The proposal requires an accurate reason, not a predetermined outcome.
It does not force victims to testify
Services cannot be conditioned on cooperation. Advocacy and medical authorizations remain voluntary. Victims may decline interviews, photographs, follow-up contact, screening, or assistance.
It does not establish automatic electronic monitoring
Continued monitoring requires counsel, an adversarial hearing, clear and convincing evidence of a continuing threat, written findings, consideration of less restrictive alternatives, and periodic review.
It does not punish poverty
A defendant may not be jailed or sanctioned solely because the defendant cannot afford monitoring. When monitoring is judicially required for an indigent defendant, an authorized public source must cover the cost.
It does not create automatic dismissal or suppression
Government noncompliance does not automatically exclude evidence, dismiss a prosecution, prove innocence, prove guilt, or create a ground for reversal. Existing constitutional and statutory remedies remain available when their legal standards are met.
It does not impose personal liability for good-faith service
The limited civil remedy runs against the governmental unit and requires knowing or reckless failure, actual notice, foreseeability, and causation. Good-faith emergency, medical, judicial, prosecutorial, and probable-cause decisions remain protected.
It does not create a red-flag firearm-seizure program
The bills require documentation of firearm access and enforcement of existing lawful orders and conditions. They do not create a new firearm-confiscation process.
It does not create a conviction quota
Public reporting is intended to identify outcomes and system failures. It may not lawfully substitute statistics for individualized justice.
What This Means for House District 109
House District 109 includes communities with different levels of staffing, transportation access, housing availability, court capacity, and proximity to specialized services. Cedar Hill, Lancaster, eastern DeSoto, Glenn Heights, Wilmer, Hutchins, Combine, the district’s portion of Ferris, and Seagoville should not receive different levels of protection merely because services, courts, agencies, and shelters operate across city and county lines.
The package would support the district by:
- Creating consistent evidence and preservation rules across jurisdictions.
- Making protective orders more readily verifiable by officers working across city boundaries.
- Supporting regional advocates who can provide secure remote consultation.
- Funding local and regional evidence-storage infrastructure.
- Helping smaller agencies meet statewide standards without building separate systems.
- Providing employment protections to eligible workers.
- Expanding access to independent legal help and emergency assistance.
- Requiring state-supported housing providers to respond to qualifying safety needs.
- Giving residents a process to correct a missed ministerial duty without directing prosecutors or judges how to decide a case.
- Producing statewide and county-level data that residents and legislators can use to assess performance.
Local governments should retain authority over their departments and operations, but state law should establish a dependable floor when life, liberty, court orders, and constitutional rights are at stake. Local control works best when duties are clear, results are measurable, and citizens can hold both local and state institutions accountable.
The Five-Bill Package
Family Violence Evidence and Court Accountability Act
This bill governs the investigation, preservation, prosecution, disposition, and reporting of family-violence cases. Its principal provisions concern enhanced incident reports, body-worn-camera activation, five-year minimum evidence retention, preservation notices, prompt evidence transfer, voluntary medical-record authorizations, follow-up investigation, victim consultation, dismissal reasons, statewide reporting, and training.
Protective Order and High-Risk Offender Act
This bill governs response to reported order violations, prompt transmission and database entry, documented service efforts, individualized location monitoring, privacy and technical safeguards, periodic review, and reasonable docket priority for cases presenting specified continuing dangers.
Survivor Economic Independence Act
This bill establishes independent legal-assistance and flexible emergency-support grants, ten workdays of family-safety leave for eligible employees of covered employers, expedited exclusive-possession proceedings, emergency housing transfers, anti-eviction protection, 24-hour qualifying lock changes, and protection against abuse-related rental-history penalties.
Family Protection Government Accountability Act
This bill authorizes prospective enforcement of clear legal rights, assigns compliance responsibilities to existing agency offices, creates administrative accountability for knowing or repeated failures, defines emergency-medical ministerial duties, and establishes a narrow governmental remedy for bodily injury or death caused by knowing or reckless failure to perform enumerated immediate-safety duties.
Family Protection Implementation and Appropriations Act
This bill supplies the financial and grant structure needed to implement the other four bills. Final appropriation amounts would be inserted only after official fiscal review.
A Better Standard for Texas
Texas does not have to choose between protecting victims and protecting due process. It does not have to choose between local control and statewide accountability. It does not have to choose between respecting professional judgment and enforcing clear legal duties.
A responsible system should collect reliable evidence, preserve what it collects, deliver orders promptly, concentrate restrictions on demonstrated danger, give families a practical path to safety, explain case outcomes, and correct government failures.
It should also remain humble about what government can prove and what any safety tool can guarantee. No statute can prevent every act of violence. No protective order, monitoring device, prosecution, shelter, or grant program eliminates risk. The duty of the Legislature is to define lawful responsibilities, provide workable resources, preserve constitutional protections, measure results honestly, and improve the system when evidence shows that it is failing.
That is the purpose of the Protecting Families From Abuse package.
Protecting Families From Abuse — Five-Bill Legislative Package
Will Campbell · Republican Candidate, House District 109 · Working drafts for Texas Legislative Council review · Review each bill in the tabs below
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.
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.
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.
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.
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.
References
Sources are organized by subject area. Citations follow APA 7th Edition format, and each entry is annotated to explain how the source is used in this article.
Public Discussion and Local Reporting
Báez, E. R. (2026). Public statement concerning Bexar County misdemeanor domestic-violence dismissals and proposed reforms [Facebook post]. Facebook.
This original public statement connects the Bexar County reporting to concerns about evidence collection, case transparency, protective-order enforcement, survivor support, and repeat or high-risk conduct. It is used to identify the issues the legislative package seeks to address. The post is treated as a primary source for Dr. Báez’s position, not as independent proof of the underlying dismissal rate.
KSAT. (2026a, September 3). Bexar County misdemeanor domestic violence case dismissals climbed to nearly 90% in 2026, KSAT analysis finds. KSAT.
This news analysis reports the local dismissal figure that prompted the public discussion. It is used only for the scope and results of KSAT’s Bexar County analysis. It is not treated as official statewide court data, and the article expressly cautions against applying the reported local percentage to every county or assuming that every dismissal was improper.
KSAT. (2026b, September 8). From 911 call to courtroom: How San Antonio-area agencies handle domestic violence cases. KSAT.
This follow-up reporting describes how family-violence incidents move through local law enforcement, prosecution, and court processes. It provides current local context for the article’s discussion of evidence handoffs and procedural fragmentation. Official statutes and agency materials are used instead wherever they establish a legal requirement.
State Data and Services
Texas Department of Public Safety. (2024). Crime in Texas 2024. Texas Department of Public Safety.
This is Texas’s official statewide crime report and provides the state’s law-enforcement reporting framework and reported crime data, including family-violence information. It is used to establish that Texas collects statewide incident information while also distinguishing incident data from court-disposition data. It does not supply the proposed dismissal-reason categories.
Texas Health and Human Services Commission. (2024). Texas Family Violence Program statewide report 2024. Texas Health and Human Services Commission.
This official report describes Texas’s publicly supported family-violence service system and its statewide activities. It is used as background for the need to coordinate advocacy, shelter, emergency assistance, and regional capacity. The proposal’s policy choices are independently stated and are not attributed to the report’s recommendations.
Texas Health and Human Services Commission. (n.d.). Family Violence Program. Texas Health and Human Services Commission.
This official program page explains the existing Texas Family Violence Program and the types of services available through state-supported providers. It is used to place the proposed advocate network and survivor-support grants within Texas’s existing administrative structure rather than creating an entirely separate delivery system.
Texas Office of Court Administration. (2024). 2024 protective order report. Texas Judicial Branch.
This official judicial-branch report provides information about protective-order activity in Texas courts. It supports the article’s discussion of protective orders as an established statewide judicial function. It is not used to claim that every issued order has been entered or served within a particular period.
Texas Office of Court Administration. (n.d.-a). Publications, studies, and special reports. Texas Judicial Branch.
This official publication portal provides access to Texas judicial reports and court-system studies. It is used to document the current availability of statewide judicial reporting and the institutional role of the Office of Court Administration. The proposed dashboard would add standardized family-violence disposition detail beyond the materials cited here.
Texas Office of Court Administration. (n.d.-b). Protective Order Registry. Texas Judicial Branch.
This official page describes the Texas Protective Order Registry and its role in making protective-order information available to authorized users and, where permitted, the public. It supports the proposal’s use of existing statewide infrastructure. The legislation would supplement that infrastructure with transmission deadlines, entry requirements, temporary notices, and auditable correction procedures.
Evidence and Public Safety Research
Centers for Disease Control and Prevention. (2017). Preventing intimate partner violence across the lifespan: A technical package of programs, policies, and practices. Centers for Disease Control and Prevention.
This federal technical resource summarizes research concerning intimate-partner-violence prevention and response, including economic supports, protective environments, relationship skills, and survivor-centered services. The article uses its documented framework to explain why housing, employment, and economic stability can be relevant to safety. The legislative conclusions and Texas-specific design remain those of the proposal.
Centers for Disease Control and Prevention. (n.d.). About intimate partner violence. Centers for Disease Control and Prevention.
This federal public-health source defines intimate-partner violence and describes its potential physical, psychological, and economic consequences. It is used for general background rather than Texas-specific crime or court statistics. Texas agency data and statutes are used for state-specific legal and administrative claims.
Morrow, W. J., Katz, C. M., & Choate, D. E. (2016). Assessing the impact of police body-worn cameras on arresting, prosecuting, and convicting suspects of intimate partner violence. Police Quarterly, 19(3), 303–325. Bureau of Justice Assistance.
This empirical study examines body-worn-camera use in intimate-partner-violence cases and reports differences in several stages of case processing in the jurisdiction studied. It supports treating first-response recordings as potentially important evidence. The article does not assume that the reported results automatically generalize to every Texas agency.
National Institute of Justice. (n.d.). Body-worn cameras: What the evidence tells us. National Institute of Justice.
This federal evidence review summarizes research on body-worn cameras and emphasizes that results vary by outcome, agency policy, officer behavior, and implementation. It is used to avoid presenting cameras as a universal solution. The proposal consequently combines an activation rule with exceptions, documentation, supervisory review, retention, and privacy protections.
Texas Law and Administration
Texas Legislature. (n.d.-a). Texas Code of Criminal Procedure, Article 5.06: Duties of prosecuting attorneys and courts. Texas Constitution and Statutes.
This official statute establishes important principles governing family-violence prosecutions, including the State’s role in prosecutorial decisions. It is used to explain why a victim does not personally “drop” a criminal charge and why the package does not create a mandatory no-drop policy.
Texas Legislature. (n.d.-b). Texas Code of Criminal Procedure, Article 5A.009: Required reports. Texas Constitution and Statutes.
This official statute establishes the current Texas reporting requirements for law-enforcement responses to family violence. It provides the legal foundation expanded by the proposed evidence bill. The proposal adds detail concerning statements, injuries, weapons, children, prior orders, evidence collection, and reasons required information was unavailable.
Texas Legislature. (n.d.-c). Texas Code of Criminal Procedure, Article 39.14: Discovery. Texas Constitution and Statutes.
This official statute governs criminal discovery in Texas. It is cited to make clear that stronger evidence collection and faster transfer to prosecutors do not diminish disclosure obligations to defendants. The proposed bills expressly preserve constitutional and statutory defense rights.
Texas Legislature. (n.d.-d). Texas Property Code, Chapter 92: Residential tenancies. Texas Constitution and Statutes.
This official chapter contains existing Texas landlord-tenant rules, including certain rights connected to family violence, lease termination, and security devices. It is used as the baseline for the proposed emergency-transfer, anti-eviction, expedited lock-change, confidentiality, and rental-history provisions.
Texas Legislature. (n.d.-e). Texas Code of Criminal Procedure, Chapter 17: Bail. Texas Constitution and Statutes.
This official chapter governs bail, emergency protective orders, and related conditions of release. It provides the legal structure into which the protective-order transmission and individualized monitoring provisions would be placed. The proposal supplements, rather than replaces, existing magistration and bail procedures.
Texas Workforce Commission. (n.d.). Vacation, sick, and other leave policies. Texas Workforce Commission.
This official employer guidance explains the general role of employer policies and applicable law in Texas leave practices. It is used to show why a specific statutory entitlement is necessary if family-safety leave is to apply consistently to covered employers. The proposed leave remains limited to ten unpaid workdays and includes notice, documentation, confidentiality, administrative review, and anti-retaliation safeguards.