SB2196

Regular Session

Relating to the period during which an order for emergency protection remains in effect.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Magistrates/Criminal Courts • Law Enforcement Agencies

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025. (Security teams must apply new logic immediately to any order issued on or after this date).
Agency Rulemaking: None. This is a statutory amendment to the Code of Criminal Procedure; judicial discretion applies, but no regulatory agency will issue further guidance.

Immediate Action Plan

Immediately: Audit Visitor Management System (VMS) settings to ensure "ban" durations can be manually overridden or extended to 121 days.
By August 1, 2025: Issue a memo to all site security leads detailing the new 61-91 day and 91-121 day windows.
By August 15, 2025: Update HR handbooks regarding domestic violence leave accommodations to reflect the potential for 4-month workplace restrictions.
On September 1, 2025: Enforce a "Check the Date" policy—do not rely on memory or past practices for any new protective order received.

Operational Changes Required

Contracts

Residential Leases: Property managers must adjust workflows regarding lease termination or bifurcation under Texas Property Code § 92.016. The extended EPO duration prolongs the period during which a tenant may present documentation to terminate a lease without penalty.
Employment Agreements: Review "For Cause" termination and leave of absence policies. An employee barred from the workplace for 121 days (4 months) under a deadly weapon EPO may trigger automatic termination clauses regarding inability to perform duties, whereas the previous 91-day limit might have fallen under short-term leave protections.

Hiring/Training

Security Personnel: Front-line security and reception staff must be retrained immediately. The historical "rule of thumb" that an emergency order expires in 30 or 60 days is now legally invalid. Staff must be trained to verify the specific expiration date on the face of the order.
Human Resources: HR Managers must be trained to handle the "Mixed Compliance" period in Q3/Q4 2025, where active orders will exist under both the old (shorter) and new (longer) statutory timeframes depending on issuance date.

Reporting & Record-Keeping

Visitor Management Systems (VMS): Reprogram security software logic. If your system automatically removes "Banned" flags after a set default period (e.g., 60 days), these defaults must be extended to 91 and 121 days to prevent unauthorized access by restrained individuals.
Digital Service Validation: Establish a protocol for validating electronically served orders. As courts move toward digital service, HR must have a method to verify that a PDF emailed by an employee is a true and correct copy of the Magistrate’s order.

Fees & Costs

No New Government Fees: There are no filing fee changes.
Operational Costs: Potential increase in legal counsel fees for reviewing extended leave requests or complex lease terminations.

Strategic Ambiguities & Considerations

Modification Without Notice: The statute allows a judge to modify the expiration date if the original order is "unworkable." Courts are under no obligation to notify the employer or landlord of these changes.
*Risk:* An employee may claim an order was shortened verbally by a judge.
*Guidance:* Maintain a strict policy of enforcing the order as written until a certified copy of a modification order is presented.
The "Mixed" Compliance Period: The law applies prospectively. Orders issued August 31, 2025, follow old rules; orders issued September 1, 2025, follow new rules. This creates a dangerous overlap in late 2025 where assumptions will lead to security breaches.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsFamily Family--family Violence Protective Orders

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 2196
89R2582 AMF-D	By: Johnson
	Criminal Justice
	4/11/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Magistrate Ordered Emergency Protection (MOEP) are essential protective mechanisms for victims and their family after a defendant is arrested for committing family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking. An MOEP prevents a defendant from inflicting further harm on the victim after a defendant is released from confinement. Magistrate orders do not require hearings, a pre-existing relationship between the victim and defendant, and are issued before a defendant is released from custody.

Under current law, MOEPs are issued for the option of 31, 61, or 91 days. However, MOEPs issued for 31 days do not provide enough time for a victim of crime to allocate resources within their lives, such as ensuring their children are safe, securing finances, protecting vehicle and homestead documents, or in seeking shelter. Too often, victims of crimes are faced with unrealistic time constraints that are not sufficient for them to reorganize their lives in a critical moment of crisis.

S.B. 2196 amends Article 17.292(j) of the Code of Criminal Procedure to extend the period during which an order for emergency protection remains in effect. The bill would extend MOEPs in increments of 30 days for each respective timeframe to protect victims by allowing more time for victims to arrange critical resources and alternative plans. For instance, 31 days would move to 61 days, 61 days would move to 91 days, and 91 days would move to 121 days.

There is no anticipated opposition. Supporters include the Houston Police Department, Texas Council on Family Violence, San Jacinto Criminal District Attorney, Sheriffs Association of Texas, 46th District Attorney's Office, Houston Police Officers' Union, Texas Sheriffs Regional Alliance, Sheriffs Association of Texas, Harris County Deputies' Organization Fraternal Order of Police Lodge #39, Dallas Police Association, Sheriffs' Association of Texas, El Paso County, and the Texas Municipal Police Association (TMPA).

As proposed, S.B. 2196 amends current law relating to the period during which an order for emergency protection remains in effect.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 17.292(j), Code of Criminal Procedure, as follows:

(j) Provides that an order for emergency protection issued under Subsection (a) (relating to� authorizing the magistrate to issue an order for emergency protection) or (b)(1) (relating to an order for emergency protection if the arrest is for an offense that involves serious bodily injury to the victim) of Article 17.292 (Magistrate's Order for Emergency Protection) remains in effect up to the 91st, rather than 61st, day but not less than 61, rather than 31, days after the date of issuance. Provides that an order for emergency protection issued under Subsection (b)(2) of this article (relating to an order for emergency protection if the arrest is for an offense that involves the use or exhibition of a deadly weapon during the commission of an assault) remains in effect up to the 121st, rather than 91st, day but not less than 91, rather than 61, days after the date of issuance.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Nathan JohnsonDemocrat · Primary Author

House Sponsors

Rep. Christian ManuelDemocrat · Primary Sponsor

Joint Sponsors

Bill Text(with markup)

S.B. No. 2196

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the period during which an order for emergency
	protection remains in effect.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 17.292(j), Code of Criminal Procedure,
	is amended to read as follows:
	(j) An order for emergency protection issued under this
	article is effective on issuance, and the defendant shall be served
	a copy of the order by the magistrate or the magistrate's designee
	in person or electronically. The magistrate shall make a separate
	record of the service in written or electronic format. An order for
	emergency protection issued under Subsection (a) or (b)(1) of this
	article remains in effect up to the 91st [~~61st~~] day but not less
	than 61 [31] days after the date of issuance. An order for
	emergency protection issued under Subsection (b)(2) of this article
	remains in effect up to the 121st [~~91st~~] day but not less than 91
	[61] days after the date of issuance. After notice to each affected
	party and a hearing, the issuing court may modify all or part of an
	order issued under this article if the court finds that:
	(1) the order as originally issued is unworkable;
	(2) the modification will not place the victim of the
	offense at greater risk than did the original order; and
	(3) the modification will not in any way endanger a
	person protected under the order.
	SECTION 2. The change in law made by this Act applies only
	to an order for emergency protection issued on or after the
	effective date of this Act. An order issued before that date is
	governed by the law in effect on the date the order was issued, and
	the former law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2196 by Johnson (Relating to the period during which an order for emergency protection remains in effect.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, NTh

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Frequently Asked Questions

Common questions about SB2196

What does Texas SB2196 do?

SB2196 mandates significantly longer durations for Emergency Protective Orders (EPOs), extending the window of employer liability and security enforcement. Effective September 1, 2025, standard orders will last a minimum of 61 days (up from 31) and orders involving deadly weapons will last up to 121 days (up from 91), directly impacting workplace safety protocols, HR leave policies, and lease enforcement for property managers. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025.

Who authored SB2196?

SB2196 was authored by Texas Senator Nathan Johnson during the Regular Session.

When was SB2196 signed into law?

SB2196 was signed into law by Governor Greg Abbott on May 20, 2025.

Which agencies enforce SB2196?

SB2196 is enforced by Texas Magistrates/Criminal Courts and Law Enforcement Agencies.

How urgent is compliance with SB2196?

The compliance urgency for SB2196 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2196?

The cost impact of SB2196 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2196 address?

SB2196 addresses topics including family, family--family violence and protective orders.

Legislative data provided by LegiScanLast updated: November 25, 2025

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