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Russell’s children saw it all. Jackson “caused the red on mommy’s dress, then she started making choking and coughing sounds,” they told police. Russells’ death on Jan. 6 is part of an escalating trend and comes at a time when advocates are again beseeching lawmakers to broaden protections for domestic violence survivors. Advocates see a number of proposals as opportunities to strengthen Texas law as it relates to domestic and sexual violence.
If passed, these bills could make it easier to remove firearms from people accused of family violence, teach teenagers about dating violence and create a state database of violent offenders that is similar to the one for sexual offenders. Other bills would remove firearms from known sexual predators and create a process for survivors to sue institutions that protected sexual offenders.
Similar proposals have been debated at the Texas Capitol before, with advocates enjoying moderate success. Those same boosters hope to see equal support moving forward as more Texans seek help from community organizations created for survivors. Representatives of shelters across the state will converge in Austin on Feb. 20 to voice their concerns and proposals to lawmakers.
However, some proposals, especially those involving firearms, will likely face headwinds. Texas is a notoriously gun-friendly state. And Republicans who control both chambers have sought to broaden, rather than limit, access to firearms. “There have been so many wins, but there is still work to be done,” said Tiffany Tate, CEO of The Family Place, Texas’ largest domestic violence service provider.
Lawmakers say their solutions are common sense
More than 200 Texans were killed by domestic partners in 2023, according to the Honoring Texas Victims crime report, the most recent data available, compiled by the Texas Council on Family Violence.
Most of the women killed were shot by men, many of whom had a known history of violence. Reported domestic violence incidents have risen 26% since 2019. Deaths at the hands of domestic partners, or former domestic partners, have risen even more significantly since 2015, the report found.
While this is an issue that spans Texas, a majority of those killed were either in Texas’ largest cities or in East Texas, according to the family violence report. And deaths resulting from domestic violence often happen during the year following a breakup, just like in Russell’s case.
Russell’s roommate told police her relationship with Jackson was “rough” before they broke up nearly a year before her death, according to Jackson’s arrest affidavit. Russell considered a protective order against Jackson but never followed up, according to the Nacogdoches County Attorney’s Office.
Lawmakers behind several proposals — mostly Democrats — hope their legislation will curb the rising violence. However, they face staunch opposition from Republicans who have worked diligently to expand access to guns. “I don’t think this should get into a partisan line,” said state Rep. Suleman Lalani, a Sugar Land Democrat. “This is safety, security and the well-being of Texans, of Americans.”
Lalani has proposed legislation to create an awareness campaign for domestic and sexual violence against men by putting up signage in men’s restrooms similar to what is provided for women, House Bill 543, and to ban known sexual predators from accessing firearms, House Bill 260. Removing guns from known violent offenders, sexual or otherwise, is common sense, Lalani said. As a geriatric physician, he has the authority to revoke people’s driver’s licenses who are no longer competent to drive.
His bill is one of several aimed at reducing access to firearms by people who could become deadly. However, in gun-friendly Texas, this type of legislation is already seeing pushback. State Rep. Briscoe Cain, a Deer Park Republican, has filed House Bill 162, which would ban law enforcement or counties from taking firearms from people listed in extreme risk protective orders, also known as a red flag law.
Texas does not have a red flag law, which requires a court to order law enforcement to temporarily seize a person’s guns if the person is suspected of being a threat to themselves or another individual as part of an extreme risk protective order. However, counties can remove firearms from people listed in domestic violence protective orders. Molly Voyles, the Public Policy Director for the Texas Council on Family Violence, who has lobbied for expanding protections for domestic violence survivors during the last nine sessions, has learned to have faith in the lawmakers.
“Many times when it comes to domestic violence folks can stand outside and see that it is someone’s life,” Voyles said. “We have passed — not all — but many of our measures. More than is statistically normal. All legislators know that this is about a person whose life is in the balance.”
Current laws are an “empty promises”
Opponents to red flag laws often argue there are other legal ways to prevent violent crimes without taking away someone’s guns. However, not every county in Texas enforces what laws have been passed the same way. Texas does allow the courts to remove guns from people who have proven to be violent, Voyles said. But few counties Voyles works with do this, she said. “Without enforcement, we’re making an empty promise to all these folks,” Voyles said.
Voyles, would like to see Texas give counties leverage to restrict gun possession by violent offenders. “There’s this huge gap between what Texas law already says should happen with a protective order around a firearm for survivors of domestic violence that’s not being implemented,” Voyles said. Counties don’t always have the means or desire to enforce firearm prohibitions, which could become dangerous for a survivor under the impression their abuser had their guns taken away.
House Bill 857, by state Rep. Joe Moody of El Paso, and House Bill 498, by state Rep. Terry Meza of Irving, would establish a protocol for counties to follow. A person required to surrender their firearm would have to submit an affidavit detailing where the firearm will go to the court in which their case was tried. Meza’s bill takes that a step further by requiring whoever takes the firearms to provide a receipt of the guns to be filed alongside the affidavit.
Tate, the Family Place’s CEO, said there are Texans who still believe husbands have the right to abuse their wives, including survivors, and this mindset makes it difficult to see legitimate change. Even when bills are passed. “It is important, in this type of legislation, to have a clear path to the end result,” Tate said. “Sometimes the idea of the legislation is really amazing, but the steps for a survivor to reap the benefits of that legislation can be so difficult.”
Dozens of proposals
There are dozens of other proposals on the table aimed at improving Texas’ response to domestic and sexual violence, and advocates have identified a few that they believe would have the most impact. House Bill 1824 sponsored by state Rep. Rhetta Andrews Bowers, a Democrat of Rowlett, would create a statewide tracking system for people found guilty of domestic violence similar to the sexual offender registry. This would help courts and law enforcement track offenders across county lines.
East Texas Crisis Center executive director Nichole Masters-Henry said educating teens on domestic violence is crucial to stopping it early. However, parents sometimes view it as an affront if their child is recommended to take a course, or they worry the curriculum will go against their values. “There are a lot of hurdles for us to get into schools,” Masters-Henry said. She is heartened by legislation, like House bills 1963 and 1332, by state Rep. Josey Garcia, D- San Antonio, that expound upon schools’ role in protecting teen survivors.
State Rep. Ann Johnson, D-Houston, seeks to clarify the definition of sexual assault to include people who could not consent because they were unaware an assault was occurring, and those who were coerced by religious clergy, public officials or mental health providers, House Bill 324.
For the third session in a row, Johnson, who is a former prosecutor in the Harris County District Attorney’s Office who focused on sex crimes and human trafficking, has also filed legislation that would end Texas’ statute of limitations for sexual abuse lawsuits and give survivors more power to sue institutions that enabled their attackers.
“What we’ve seen is an entire generation of people who, by the time they recognize that the events that happened to them as a child were molestation or abuse, find the doors are shut,” Johnson said. “This allows not only the individual perpetrator to be held accountable, but the systems that enabled, protected and sometimes exacerbated (abuse).” The Texas Council on Family Violence wants to provide survivors with the ability to confer with prosecutors on potential plea agreements, Senate Bill 1120 would create that possibility.
The organization also wants the Legislature to create a two-year task force to address what makes a person dangerous in the court’s eyes – such as a history of strangulation, stalking and possession of firearms. The task force would then make specific policy recommendations for the next legislative session. However, no legislation has been filed to create such a committee.
