83R726 JSC-D
By: Hinojosa S.B. No. 117
A BILL TO BE ENTITLED
AN ACT
relating to the right of a spouse to enter the marital residence
accompanied by a peace officer under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 3, Family Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. ACCESS TO MARITAL RESIDENCE
Sec. 3.501. DEFINITION. In this subchapter, "marital
residence" means the dwelling in which spouses primarily reside,
regardless of whether that dwelling qualifies as a homestead.
Sec. 3.502. RIGHT TO ENTER MARITAL RESIDENCE. Except as
otherwise provided by a protective order under Title 4, a
magistrate's order for emergency protection under Article 17.292,
Code of Criminal Procedure, another court order, or other law, a
spouse is entitled to enter the spouse's marital residence for a
purpose described by Section 3.503 regardless of whether:
(1) there is an agreement between the spouses that the
other spouse shall have exclusive right to reside in the residence;
or
(2) the spouse seeking to enter the residence
voluntarily moved out of the residence.
Sec. 3.503. APPLICATION TO ENTER RESIDENCE ACCOMPANIED BY
PEACE OFFICER. (a) If a spouse desires to be accompanied by a
peace officer when the spouse enters the marital residence, the
spouse must apply to a justice court for an order authorizing entry
to the residence. The application must:
(1) certify that the applicant is unable to enter the
marital residence because the spouse occupying the marital
residence has denied the applicant access to the marital residence;
(2) certify that, to the best of the applicant's
knowledge, the applicant is not:
(A) the subject of an active protective order
under Title 4, a magistrate's order for emergency protection under
Article 17.292, Code of Criminal Procedure, or another court order
prohibiting entry to the marital residence; or
(B) otherwise prohibited by law from entering the
marital residence;
(3) allege that the applicant requires vital items
located in the marital residence, including medical records and
supplies, legal documents, financial documents, employment
records, personal identification documents, and items pertaining
to personal safety;
(4) describe with specificity the items that the
applicant intends to retrieve; and
(5) allege that the applicant will suffer personal or
financial harm if the items listed in the application are not
retrieved.
(b) The justice of the peace shall grant the application
under Subsection (a) only if the justice of the peace finds that:
(1) the applicant is unable to enter the marital
residence because the spouse occupying the marital residence has
denied the applicant access to the marital residence;
(2) the applicant is not:
(A) the subject of an active protective order
under Title 4, a magistrate's order for emergency protection under
Article 17.292, Code of Criminal Procedure, or another court order
prohibiting entry to the marital residence; or
(B) otherwise prohibited by law from entering the
marital residence; and
(3) there is a risk of personal or financial harm to
the applicant if the items listed in the application are not
retrieved.
(c) If the justice of the peace grants the application under
this section, a peace officer shall accompany and assist the
applicant in making the authorized entry.
(d) A peace officer who provides assistance under
Subsection (c) is not:
(1) civilly liable for an act or omission of the
officer that arises in connection with providing the assistance; or
(2) civilly or criminally liable for the wrongful
appropriation of any personal property by the spouse the officer is
assisting.
SECTION 2. This Act takes effect September 1, 2013.