84R8548 JSC-D
By: Hinojosa S.B. No. 739
A BILL TO BE ENTITLED
AN ACT
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; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 24A to read as follows:
CHAPTER 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE
PERSONAL PROPERTY
Sec. 24A.001. ORDER AUTHORIZING ENTRY AND PROPERTY
RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable to
enter the person's residence or former residence to retrieve
personal property belonging to the person or the person's dependent
because the current occupant is denying the person entry, the
person may apply to the justice court for an order authorizing the
person to enter the residence accompanied by a peace officer to
retrieve specific items of personal property.
(b) An application under Subsection (a) must:
(1) certify that the applicant is unable to enter the
residence because the current occupant of the residence has denied
the applicant access to the 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, Family Code, a magistrate's order for emergency
protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by law from entering the
residence;
(3) allege that the applicant or the applicant's
dependent requires personal items located in the residence,
including medical records, medicine and medical supplies,
clothing, child-care items, legal documents, financial documents,
including checks or bank or credit cards, employment records,
personal identification documents, educational or work-related
books and supplies, including electronic devices, and items
pertaining to personal safety;
(4) describe with specificity the items that the
applicant intends to retrieve; and
(5) allege that the applicant or the applicant's
dependent will suffer personal or financial harm if the items
listed in the application are not retrieved promptly.
(c) On sufficient evidence of hardship and urgency, the
justice of the peace may grant the application under this section
and issue an order authorizing the applicant to enter the residence
accompanied by a peace officer and retrieve the property listed in
the application if the justice of the peace finds that:
(1) the applicant is unable to enter the residence
because the current occupant of the residence has denied the
applicant access to the residence to retrieve the applicant's
personal property or the personal property of the applicant's
dependent;
(2) the applicant is not:
(A) the subject of an active protective order
under Title 4, Family Code, a magistrate's order for emergency
protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by law from entering the
residence; and
(3) there is a risk of personal or financial harm to
the applicant or the applicant's dependent if the items listed in
the application are not retrieved promptly.
Sec. 24A.002. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE
OFFICER. (a) If the justice of the peace grants an application
under Section 24A.001, a peace officer shall accompany and assist
the applicant in making the authorized entry and retrieving the
items of personal property listed in the application.
(b) If the current occupant of the residence is present at
the time of the entry, the peace officer shall provide the occupant
with a copy of the court order authorizing the entry and property
retrieval.
(c) Before removing the property listed in the application
from the residence, the applicant must submit all property
retrieved to the peace officer assisting the applicant under this
section to be inventoried. The peace officer shall create an
inventory listing the items taken from the residence, provide a
copy of the inventory to the applicant, provide a copy of the
inventory to the current occupant or, if the current occupant is not
present, leave the copy in a conspicuous place in the residence, and
return the property to be removed from the residence to the
applicant. The officer shall file the original inventory with the
court that issued the order authorizing the entry and property
retrieval.
(d) A peace officer may use reasonable force in providing
assistance under this section.
(e) A peace officer who provides assistance under this
section in good faith and with reasonable diligence 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 person the officer is
assisting.
Sec. 24A.003. OFFENSE. (a) A person commits an offense if
the person interferes with a person or peace officer entering a
residence and retrieving personal property under the authority of a
court order issued under Section 24A.001.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under this section that
the actor did not receive a copy of the court order or other notice
that the entry or property retrieval was authorized.
Sec. 24A.004. HEARING; REVIEW. (a) The occupant of a
residence that is the subject of a court order issued under Section
24A.001, not later than the 10th day after the date of the
authorized entry, may file a complaint in the court that issued the
order alleging that the applicant has appropriated property
belonging to the occupant or the occupant's dependent.
(b) The court shall promptly hold a hearing on a complaint
submitted under this section and rule on the disposition of the
disputed property.
(c) This section does not limit the occupant's remedies
under any other law for recovery of the property of the occupant or
the occupant's dependent.
SECTION 2. This Act takes effect September 1, 2015.