SB1896

Covered cases: the bill uses the existing Article 17.292(a) categories: offenses involving family violence and the listed trafficking, sexual assault, indecent assault, aggravated sexual assault and stalking offenses. It changes the information process, not the list of crimes or their punishments. The existing article distinguishes circumstances in which an order may issue from specified family-violence arrests in which one must issue; SB1896 does not make every covered arrest an automatic order. Final law, Sections 1–4; Existing emergency-protection framework.

At the magistrate appearance: new provisions in Articles 14.06 and 15.17 require the person making the arrest or having custody, as applicable, to supply the defendant information necessary for an emergency protection order. New Article 17.292(d-3) requires information about the defendant that will help the magistrate issue the order, plus helpful victim information to the extent available. These are duties of the arrest or custody person, not a new requirement that the victim attend. Final law, Sections 1, 3–4; Existing rule that the victim need not be present.

Minimum information and optional form: officials must supply the information described in Government Code Section 411.042(b)(6) that is available to them. That provision includes identifying and residence information for the person subject to an order, protected-person names and locations, a protected child’s school or child-care facility, relationships, protective bond conditions, minimum distances and expiration date. The availability qualification matters: the bill does not require an officer to invent facts or a not-yet-issued order’s terms. Officials may use an Office of Court Administration form for this information handoff. That permission is distinct from the existing requirement that the magistrate use a standardized form to issue the order. Final law, Section 4; Referenced information list; Protective-order forms provision; Existing issuance-form rule.

Complaints and missing information: new Article 15.052 directs the person making a complaint alleging a covered offense to include the information needed under Article 17.292(d-3). Failure to include that information does not affect the complaint’s sufficiency. Separately, an official’s failure to give the magistrate necessary information does not negate the magistrate’s authority or duty to issue the emergency order. These safeguards do not excuse the information duties. Final law, Sections 2 and 4.

Timing and passage: the changes apply to people arrested on or after September 1, 2025; earlier arrests remain under the law in effect on their arrest date. The Senate committee substitute added the criminal-complaint provision and explicit available-victim-information duty to the introduced bill. The Senate-passed, House committee and final operative texts match that substitute. No floor amendments are indexed. Final law, Sections 5–6; Introduced; Senate committee; Senate-passed; House committee; 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 puts responsibility on arrest and custody officials and complaint filers to supply information needed for protection decisions. Victims may benefit from more complete information reaching the magistrate, while agencies and filers face additional information-handling work. The bill does not establish that violence will decrease, guarantee an order in every case, or authorize public posting of the information. Final law; Protection-order framework.

Both the April 14 introduced-bill fiscal note and April 16 substitute note anticipate no significant state or local-government fiscal implication, with state costs absorbed through existing resources. These estimates do not quantify staff time or guarantee that implementation has no cost. Introduced fiscal note; Substitute fiscal note.