Texas 2015 - 84th Regular

Texas Senate Bill SB739 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8548 JSC-D
2	2	By: Hinojosa S.B. No. 739
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of a person to enter the person's residence or
8	8	former residence accompanied by a peace officer to recover certain
9	9	personal property; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Property Code, is amended by adding
12	12	Chapter 24A to read as follows:
13	13	CHAPTER 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE
14	14	PERSONAL PROPERTY
15	15	Sec. 24A.001. ORDER AUTHORIZING ENTRY AND PROPERTY
16	16	RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable to
17	17	enter the person's residence or former residence to retrieve
18	18	personal property belonging to the person or the person's dependent
19	19	because the current occupant is denying the person entry, the
20	20	person may apply to the justice court for an order authorizing the
21	21	person to enter the residence accompanied by a peace officer to
22	22	retrieve specific items of personal property.
23	23	(b) An application under Subsection (a) must:
24	24	(1) certify that the applicant is unable to enter the
25	25	residence because the current occupant of the residence has denied
26	26	the applicant access to the residence;
27	27	(2) certify that, to the best of the applicant's
28	28	knowledge, the applicant is not:
29	29	(A) the subject of an active protective order
30	30	under Title 4, Family Code, a magistrate's order for emergency
31	31	protection under Article 17.292, Code of Criminal Procedure, or
32	32	another court order prohibiting entry to the residence; or
33	33	(B) otherwise prohibited by law from entering the
34	34	residence;
35	35	(3) allege that the applicant or the applicant's
36	36	dependent requires personal items located in the residence,
37	37	including medical records, medicine and medical supplies,
38	38	clothing, child-care items, legal documents, financial documents,
39	39	including checks or bank or credit cards, employment records,
40	40	personal identification documents, educational or work-related
41	41	books and supplies, including electronic devices, and items
42	42	pertaining to personal safety;
43	43	(4) describe with specificity the items that the
44	44	applicant intends to retrieve; and
45	45	(5) allege that the applicant or the applicant's
46	46	dependent will suffer personal or financial harm if the items
47	47	listed in the application are not retrieved promptly.
48	48	(c) On sufficient evidence of hardship and urgency, the
49	49	justice of the peace may grant the application under this section
50	50	and issue an order authorizing the applicant to enter the residence
51	51	accompanied by a peace officer and retrieve the property listed in
52	52	the application if the justice of the peace finds that:
53	53	(1) the applicant is unable to enter the residence
54	54	because the current occupant of the residence has denied the
55	55	applicant access to the residence to retrieve the applicant's
56	56	personal property or the personal property of the applicant's
57	57	dependent;
58	58	(2) the applicant is not:
59	59	(A) the subject of an active protective order
60	60	under Title 4, Family Code, a magistrate's order for emergency
61	61	protection under Article 17.292, Code of Criminal Procedure, or
62	62	another court order prohibiting entry to the residence; or
63	63	(B) otherwise prohibited by law from entering the
64	64	residence; and
65	65	(3) there is a risk of personal or financial harm to
66	66	the applicant or the applicant's dependent if the items listed in
67	67	the application are not retrieved promptly.
68	68	Sec. 24A.002. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE
69	69	OFFICER. (a) If the justice of the peace grants an application
70	70	under Section 24A.001, a peace officer shall accompany and assist
71	71	the applicant in making the authorized entry and retrieving the
72	72	items of personal property listed in the application.
73	73	(b) If the current occupant of the residence is present at
74	74	the time of the entry, the peace officer shall provide the occupant
75	75	with a copy of the court order authorizing the entry and property
76	76	retrieval.
77	77	(c) Before removing the property listed in the application
78	78	from the residence, the applicant must submit all property
79	79	retrieved to the peace officer assisting the applicant under this
80	80	section to be inventoried. The peace officer shall create an
81	81	inventory listing the items taken from the residence, provide a
82	82	copy of the inventory to the applicant, provide a copy of the
83	83	inventory to the current occupant or, if the current occupant is not
84	84	present, leave the copy in a conspicuous place in the residence, and
85	85	return the property to be removed from the residence to the
86	86	applicant. The officer shall file the original inventory with the
87	87	court that issued the order authorizing the entry and property
88	88	retrieval.
89	89	(d) A peace officer may use reasonable force in providing
90	90	assistance under this section.
91	91	(e) A peace officer who provides assistance under this
92	92	section in good faith and with reasonable diligence is not:
93	93	(1) civilly liable for an act or omission of the
94	94	officer that arises in connection with providing the assistance; or
95	95	(2) civilly or criminally liable for the wrongful
96	96	appropriation of any personal property by the person the officer is
97	97	assisting.
98	98	Sec. 24A.003. OFFENSE. (a) A person commits an offense if
99	99	the person interferes with a person or peace officer entering a
100	100	residence and retrieving personal property under the authority of a
101	101	court order issued under Section 24A.001.
102	102	(b) An offense under this section is a Class B misdemeanor.
103	103	(c) It is a defense to prosecution under this section that
104	104	the actor did not receive a copy of the court order or other notice
105	105	that the entry or property retrieval was authorized.
106	106	Sec. 24A.004. HEARING; REVIEW. (a) The occupant of a
107	107	residence that is the subject of a court order issued under Section
108	108	24A.001, not later than the 10th day after the date of the
109	109	authorized entry, may file a complaint in the court that issued the
110	110	order alleging that the applicant has appropriated property
111	111	belonging to the occupant or the occupant's dependent.
112	112	(b) The court shall promptly hold a hearing on a complaint
113	113	submitted under this section and rule on the disposition of the
114	114	disputed property.
115	115	(c) This section does not limit the occupant's remedies
116	116	under any other law for recovery of the property of the occupant or
117	117	the occupant's dependent.
118	118	SECTION 2. This Act takes effect September 1, 2015.