Governor Abbott Vetoes SB 1458 (87R)

June 21, 2021 | Austin, Texas | Legislative Statement

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Greg Abbott, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1458 as passed by the Eighty-Seventh Texas Legislature, Regular Session, because of the following objections:  

Senate Bill 1458’s goal of having model forms for protective orders, orders for emergency protection, and temporary ex parte orders is a sound one, but this is already allowed.  The Office of Court Administration can, and is encouraged to, create model forms to help achieve the commendable goals behind Senate Bill 1458.  But the bill would go further and impose categorical mandates that courts use standardized forms, without addressing what happens if a court deviates from the prescribed form and without allowing flexibility for unique cases.  I vetoed similar legislation last session because, without appropriate safeguards, mandating the use of standardized forms in criminal cases sets a trap for courts whose orders may be challenged as void for deviating from the form and creates loopholes for opportunistic litigants to pursue needless challenges.  I appreciate the good intentions of the bill author and sponsor in aiming to protect the victims of horrible crimes like family violence and sexual assault, but the mandatory use of standardized forms can inadvertently cause more problems that may detract from the effort to help victims.  

Since the Eighty-Seventh Texas Legislature, Regular Session, by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.  

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 18th day of June, 2021.  

Governor of Texas

View the veto proclamation.