Texas Senate Bill SB739

Texas 2015 - 84th Regular

Caption

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.

Impact

If enacted, SB739 would establish a framework within the Texas Property Code that facilitates the retrieval of personal property while balancing the rights of current property occupants. The legislation intends to mitigate potential conflicts between former residents and current occupants by providing a legal route for property retrieval via a court order, thereby reducing the likelihood of confrontations that may arise when one party denies access to the other. This could lead to more structured and legally sanctioned property retrieval procedures in the state.

Summary

SB739 aims to clarify the legal process for a person to regain access to their residence or former residence in order to retrieve personal property when they are being denied entry by the current occupant. The bill mandates that individuals who wish to enter a property for this purpose must apply for a court order permitting such action, with the requirement that a peace officer accompany them during the retrieval process. The bill seeks to outline the specific circumstances under which a person may apply for this order, ensuring that they are not currently restricted from entering the property due to protective orders or legal prohibitions.

Contention

A notable point of contention in discussions around SB739 may be the balance between the rights of current occupants and those seeking to retrieve their belongings. While the bill provides a clear path for individuals who have been denied access, it raises questions regarding the enforcement of property rights and the potential for misuse of the process. Additionally, critics may express concerns about the need for sufficient protections to prevent wrongful appropriation of property and ensure that the property retrieval process does not infringe on the rights of occupants.