Relating to the right of a person to enter the person's residence or former residence accompanied by a peace officer to recover certain personal property; providing penalties.
Impact
The proposed law modifies the Texas Property Code by introducing Chapter 24A, which details the processes and requirements for obtaining court orders in these circumstances. The implications for state law include a structured process that seeks to balance property rights with the need for personal safety and access. Notably, it outlines what constitutes reasonable force by peace officers during the authorized retrieval, creating legal protections for officers acting within the bill's guidelines. The bill also establishes penalties for those who interfere with the retrieval process, classifying such interference as a Class B misdemeanor.
Summary
Senate Bill 117, titled 'Access to Residence or Former Residence to Retrieve Personal Property', aims to provide individuals who have been denied entry into their residence the legal means to retrieve personal belongings. The bill allows a person to apply to a justice court for an order that would authorize them to enter their home, accompanied by a peace officer, to recover specific items of personal property. This legislation addresses situations where the current occupant of a residence refuses entry, particularly after a separation or eviction, ensuring that individuals can reclaim essential belongings such as medical records, clothes, and personal safety items without unnecessary conflict.
Contention
While the bill appears to support individuals' rights to access their property, some may raise concerns regarding potential misuse of the law. Opponents fear that the provision allowing peace officers to use reasonable force could lead to unintended consequences or lead to confrontations. Critics may also argue that the bill could incentivize unauthorized entries where misunderstandings about 'personal belongings' could arise. Nevertheless, the bill is designed to provide a recourse for individuals who might otherwise feel vulnerable in situations where access to their own property is obstructed.
Relating to the duties of a justice of the peace, medical examiner, or other investigator regarding the bodies of unidentified deceased persons and to the control by certain persons of the disposition of a deceased person's remains.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to the licensing of certain persons as peace officers by the Texas Commission on Law Enforcement and the hiring of those persons by political subdivisions.
Relating to the requirement that a peace officer take possession of a person's driver's license following the person's failure to pass or refusal to consent to a test for intoxication.