S.B. No. 1559 AN ACT relating to conflicts between a protective order and certain other orders and to the transfer of a protective order. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 81, Family Code, is amended by adding Section 81.012 to read as follows: Sec. 81.012. CONFLICT WITH CERTAIN OTHER ORDERS. During the time in which a protective order issued under this subtitle, including a temporary ex parte order, is valid and subject to transfer, the order prevails over any other order rendered in a suit for dissolution of a marriage under Chapter 6 or a suit affecting the parent-child relationship under Title 5 to the extent of any conflict between the orders. SECTION 2. Section 85.026, Family Code, is amended by adding Subsection (b) to read as follows: (b) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS." SECTION 3. Section 85.064, Family Code, is amended by amending Subsections (a) and (b) and adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as follows: (a) If a protective order was rendered before the filing of a suit for dissolution of a marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062, the court that rendered the order shall [may], on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court finds that the transfer will not negatively impact the safety of any person protected by the order [makes the finding prescribed by Subsection (c)]. (b) If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court shall [may] transfer the protective order to the court of continuing, exclusive jurisdiction if the court finds that the transfer will not negatively impact the safety of any person protected by the order [makes the finding prescribed by Subsection (c)]. (c-1) A motion to transfer a protective order under this section must be filed with a signed certificate of service on all parties. A party desiring to contest the motion must file a response not later than the first Monday after the 20th day after the date the motion is served on the party. The response must include a controverting affidavit stating that the transfer would negatively impact the safety of a person protected by the order. (c-2) If a response to a motion to transfer a protective order is filed as provided by Subsection (c-1), notice of the hearing on the motion to transfer the protective order must be served on all parties not later than the 10th day before the date of the hearing. (c-3) Before rendering an order transferring a protective order under this section, the court must provide each person protected by the protective order the opportunity to submit a statement to the court regarding the impact of a potential transfer on the person's safety. The court shall consider a statement submitted under this subsection when determining whether to order a transfer. The statement may be a separate document or combined with the motion to transfer or a response to the motion to transfer. The statement must be filed: (1) concurrently with or before the filing of the motion to transfer, if the person protected by the protective order is the person filing the motion to transfer; or (2) concurrently with or before the filing of a response to the motion to transfer, if the person protected by the protective order is not the person filing the motion to transfer. (c-4) An order transferring a protective order under this section must include a finding that the transfer will not negatively affect the safety of any person protected by the order. SECTION 4. The following provisions of the Family Code are repealed: (1) Section 83.005; and (2) Section 85.064(c). SECTION 5. Sections 81.012 and 85.026(b), Family Code, as added by this Act, apply only to a protective order issued on or after the effective date of this Act. SECTION 6. Section 85.064, Family Code, as amended by this Act, applies only to a motion to transfer a protective order that is made on or after the effective date of this Act. A motion made before the effective date of this Act is governed by the law in effect on the date the motion was filed, and the former law is continued in effect for that purpose. SECTION 7. This Act takes effect September 1, 2025. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1559 passed the Senate on April 10, 2025, by the following vote: Yeas 30, Nays 0; and that the Senate concurred in House amendment on May 22, 2025, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1559 passed the House, with amendment, on May 16, 2025, by the following vote: Yeas 118, Nays 0, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor