HB 2596

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 2596 amends Subchapter A, Chapter 7B of the Texas Code of Criminal Procedure to expand eligibility for protective orders to include victims of certain burglary offenses. Previously, protective orders under this chapter were available only to victims of crimes such as sexual assault, trafficking, stalking, and indecent assault. This bill adds victims of burglary under Section 30.02 of the Penal Code—specifically when the offense is punishable under subsections (c)(2) or (d), which typically involve aggravated or repeat burglary offenses—to the list of eligible applicants.

The bill permits victims, their legal guardians, or prosecutors acting on their behalf to apply for protective orders, regardless of the relationship between the victim and offender. It also mandates that a prosecutor must file for a protective order upon conviction or deferred adjudication of such a burglary offense. Courts are authorized to issue temporary ex parte orders if there is a clear and present danger of harm, and final protective orders may be issued after a hearing if there are reasonable grounds to believe the applicant is a victim of a qualifying offense.

Additionally, the bill ensures that victims of these burglary offenses enjoy the same procedural protections and rights as those currently extended to victims of sexual and trafficking-related crimes. This includes lifelong protective orders when offenders are also required to register as sex offenders. HB 2596 thus fills a statutory gap by acknowledging the serious threat that aggravated burglary poses to personal safety and offers a legal remedy to prevent further victimization.

The substituted version of HB 2596 makes significant changes to the originally filed version, particularly in how it expands eligibility for protective orders for victims of burglary offenses. In the originally filed bill, protective orders were limited to cases where a burglary was committed with the intent to commit a specific subset of offenses—namely, sexual assault, trafficking, or similar crimes listed in Article 7B.001(a)(1). This created a narrow scope, limiting protection to victims who could demonstrate both the burglary and the specific criminal intent of the offender.

By contrast, the Committee Substitute simplifies and broadens eligibility by allowing protective orders for victims of any burglary offense under Section 30.02(c)(2) or (d) of the Penal Code, regardless of the offender's intent to commit a secondary crime. These sections already cover aggravated forms of burglary, such as when the offender is armed or causes bodily injury, making the change both pragmatic and victim-centered. This modification ensures that individuals subjected to inherently dangerous burglaries can access the same protective legal remedies as those harmed by explicitly violent or sexual offenses.

Additionally, the substitute makes several technical and structural improvements. It revises statutory headings and cross-references throughout the Code of Criminal Procedure to include burglary offenses among the qualifying crimes without repeating long lists of Penal Code citations. This not only enhances clarity and readability but ensures consistent treatment of burglary-related protective orders across relevant sections of law. The streamlined language also facilitates better implementation by courts, law enforcement, and prosecutors.

Overall, the substitute version represents a shift from a narrow, intent-based eligibility model to a broader, outcome-based approach that prioritizes the safety and needs of burglary victims. It maintains the original bill's spirit while extending practical protections to more Texans who face serious threats to their safety in the aftermath of violent home invasions.
Author (1)
William Metcalf
Sponsor (1)
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill is not expected to have a significant fiscal impact on the state. The legislation would expand eligibility for protective orders to include victims of certain burglary offenses, potentially resulting in an increase in the number of protective order applications filed with the courts. However, according to the Office of Court Administration (OCA), this increase is not anticipated to be substantial enough to generate meaningful additional costs or necessitate new resources for the state court system​.

The fiscal note also addresses the implications for local governments. Similarly, no significant fiscal impact is expected at the county or municipal level. While local courts and prosecutors may experience a minor uptick in caseloads related to protective order filings and enforcement, the existing infrastructure is considered sufficient to absorb this change without the need for increased funding or staffing.

Overall, HB 2596 is designed to enhance victim protections without imposing new or burdensome fiscal obligations on the judicial system or local governments. The limited scope of eligible burglary cases and the targeted application of protective orders help ensure that any increase in administrative workload remains manageable within current budgetary and operational capacities.

Vote Recommendation Notes

HB 2596 represents a principled, targeted enhancement of protections for victims of serious criminal offenses—specifically, victims of first- and second-degree felony burglary of a habitation. The bill closes a notable gap in existing law by allowing these individuals to apply for protective orders, a remedy currently available to victims of sexual assault, trafficking, and stalking. This expansion ensures that victims of aggravated home invasions, who may face continued threats or trauma, have equal access to the judicial protections needed to restore their sense of safety and autonomy. By granting these individuals the ability to request a protective order regardless of their relationship to the offender, the legislation affirms a critical individual liberty: the right to be secure in one’s home and person.

One of the key strengths of HB 2596 is that it does not meaningfully grow the size or scope of government. The bill does not create any new government programs, bureaucracies, or criminal offenses. Instead, it builds upon an existing civil legal framework by extending eligibility criteria for protective orders. The courts, prosecutors, and law enforcement agencies involved in handling protective orders are already equipped to manage these matters, and the bill simply broadens the pool of eligible applicants. This is a refinement, not an expansion, of state power, and it remains tightly focused on supporting victims within a framework that already exists.

Moreover, the legislation imposes no new burdens on Texas taxpayers. The Fiscal Note prepared by the Legislative Budget Board confirms that no significant fiscal impact to the state or to local governments is anticipated. While there may be a modest increase in protective order filings, the Office of Court Administration has stated that current resources are sufficient to absorb the change without the need for new expenditures or staff. Thus, the bill maintains fiscal discipline and respects taxpayer resources, a core tenet of limited government.

Equally important, HB 2596 does not impose a regulatory burden on individuals, businesses, or communities. There are no new mandates, fines, compliance requirements, or rulemaking authorities established under this legislation. It functions entirely within the realm of civil judicial procedure, providing an optional legal tool for victims of specific crimes. Its effect is to enhance individual agency rather than expand state control.

In conclusion, HB 2596 embodies a balanced and responsible approach to policy. It strengthens protections for individuals harmed by serious criminal conduct without expanding government authority, spending, or regulatory intrusion. It aligns with the principles of individual liberty, personal responsibility, private property rights, and limited government. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 2596.

  • Individual Liberty: The bill strengthens individual liberty by empowering victims of aggravated burglary to seek protective orders regardless of their relationship to the offender. This ensures that individuals have the legal tools necessary to protect their bodily autonomy and safety, particularly in situations where their home—a deeply personal and constitutionally protected space—has been violently invaded. Extending this right affirms the idea that every person has a fundamental right to security and peace of mind without undue delay or legal barriers.
  • Personal Responsibility: The bill reinforces the principle of personal responsibility by holding offenders accountable through civil legal mechanisms. It ensures that individuals who commit first- or second-degree felony burglary of a habitation may be subject to a protective order, thereby imposing continuing legal obligations post-conviction. This affirms the societal expectation that criminal conduct carries ongoing consequences, especially when it jeopardizes the safety of others.
  • Free Enterprise: The bill has no direct impact on free enterprise. It neither regulates businesses nor interferes with commerce. Its effects are confined to the criminal justice and civil legal systems, specifically concerning the protection of individual victims of serious crimes.
  • Private Property Rights: The bill directly upholds private property rights by recognizing that serious intrusions into one’s home represent a violation not just of property, but of personal sovereignty. By allowing victims of home burglary to seek protective orders, the law reinforces the idea that a person’s home is their sanctuary—and that the law will respond swiftly to protect that space from further encroachment.
  • Limited Government: The bill is a strong example of limited government in action. It leverages existing legal processes—protective orders under Chapter 7B of the Code of Criminal Procedure—without expanding bureaucracy or regulatory powers. It does not establish new criminal penalties or administrative structures. Instead, it applies existing legal protections to a new but logically consistent group of victims. It respects both individual autonomy and government restraint.
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