SB1559

Conflicting orders. A protective order under the Family Code subtitle, including a temporary ex parte order issued without a prior hearing for the other side, prevails over a conflicting marriage-dissolution or parent-child-case order while it is valid and subject to transfer, and only to the extent of the conflict. A prominent statement explaining that rule must appear in the protective order. The bill repeals the former §83.005 rule, which addressed temporary ex parte orders conflicting with Title 5 parent-child orders, and replaces it with this broader specified rule. It does not say every protective order overrides every other court order forever. Final law, §§1–2,4; Temporary-order context; Former conflict rule.

Which transfers? The issuing court must transfer on a party’s motion or its own motion, with the required safety finding, when the order predates or accompanies a pending divorce/parent-child case, to the court with jurisdiction of that case. The same conditional duty applies when a protective order affecting child possession or access comes after a final parent-child order: transfer goes to the court with continuing, exclusive jurisdiction. Previously the statute said “may” and permitted transfer based on the interest of justice or a party’s/witness’s safety or convenience. The act repeals that old test and requires a finding that no protected person’s safety will be negatively affected. Final law, §§3–4; Prior transfer law.

Notice and safety statements. A transfer motion must include a signed certificate showing service on all parties. To contest it, a party must respond by the first Monday after the 20th day after service, including an affidavit stating that transfer would negatively affect a protected person’s safety. If a qualifying response is filed, all parties must receive hearing notice at least 10 days before the hearing. These are distinct deadlines, not a single 20-day response rule. Final law.

Before ordering transfer, the court must give every protected person an opportunity to submit a safety-impact statement and must consider any statement submitted. It may be separate or part of the motion/response. A protected person moving for transfer must file it with or before the motion; a protected person not moving for transfer must file it with or before the response. The transfer order itself must contain the no-negative-safety-impact finding. Transfer does not, by itself, mean the protective order disappears. Final law; Effect of transfer.

Two transition rules: the new conflict rule and warning apply only to protective orders issued on or after September 1, 2025. The amended transfer procedure applies to transfer motions made on or after that date; earlier motions retain the law in effect when filed. Do not assume an old order and a new transfer motion necessarily follow the same transition rule. Final law, §§5–7.

The introduced, Senate committee and Senate-passed versions would have made the specified transfers mandatory while deleting the old transfer test, without the final safety finding and procedural safeguards. The House substitute added those safeguards, the conflicting-order rule, warning and related repeal/transition provisions. Its operative text matches the enacted law. No floor amendments are separately indexed. Introduced; Senate committee; Senate-passed; House substitute; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

The law gives courts and families clearer conflict rules and a structured way to raise transfer-related safety concerns. Parties and courts also face service, affidavit, hearing-notice and written-finding requirements. It does not guarantee a transfer, a custody result or physical safety in a particular case. Final law.

The March 18 introduced-version and May 14 House-substitute fiscal notes anticipate no significant state or local-government fiscal impact, with state costs absorbed using existing resources. They do not quantify private legal expenses or prove that every transfer will be quicker or cheaper. The act makes no appropriation. Original fiscal note; House-substitute fiscal note; Final law.