Texas 2017 - 85th Regular

Texas Senate Bill SB920 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R26684 PMO-F
2		-	By: Whitmire, et al. S.B. No. 920
3		-	(Lucio III)
4		-	Substitute the following for S.B. No. 920: No.
	1	+	S.B. No. 920
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to access to a residence or former residence to retrieve
10	6		personal property, including access based on danger of family
11	7		violence.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Chapter 24A, Property Code, is amended by
14	10		amending Sections 24A.001 and 24A.002 and adding Section 24A.0021
15	11		to read as follows:
16	12		Sec. 24A.001. DEFINITIONS [DEFINITION]. In this chapter:
17	13		(1) "Electronic record" means a record created,
18	14		generated, sent, communicated, received, or stored by electronic
19	15		means.
20	16		(2) "Family violence" has the meaning assigned by
21	17		Section 71.004, Family Code.
22	18		(3) "Peace[, "peace] officer" means a person listed
23	19		under Article 2.12(1) or (2), Code of Criminal Procedure.
24	20		Sec. 24A.002. WRIT [ORDER] AUTHORIZING ENTRY AND PROPERTY
25		-	RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable to
26		-	enter the person's residence or former residence to retrieve
	21	+	RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable
	22	+	to enter the person's residence or former residence to retrieve
27	23		personal property belonging to the person or the person's dependent
28	24		because the current occupant is denying the person entry, the
29	25		person may apply to the justice court for a writ [an order]
30	26		authorizing the person to enter the residence accompanied by a
31	27		peace officer to retrieve specific items of personal property.
32	28		(b) An application under Subsection (a) must:
33	29		(1) certify that the applicant is unable to enter the
34	30		residence because the current occupant of the residence:
35	31		(A) has denied the applicant access to the
36	32		residence; or
37	33		(B) poses a clear and present danger of family
38	34		violence to the applicant or the applicant's dependent;
39	35		(2) certify that, to the best of the applicant's
40	36		knowledge, the applicant is not:
41	37		(A) the subject of an active protective order
42	38		under Title 4, Family Code, a magistrate's order for emergency
43	39		protection under Article 17.292, Code of Criminal Procedure, or
44	40		another court order prohibiting entry to the residence; or
45	41		(B) otherwise prohibited by law from entering the
46	42		residence;
47	43		(3) allege that the applicant or the applicant's
48	44		[minor] dependent requires personal items located in the residence
49	45		that are only of the following types:
50	46		(A) medical records;
51	47		(B) medicine and medical supplies;
52	48		(C) clothing;
53	49		(D) child-care items;
54	50		(E) legal or financial documents;
55	51		(F) checks or bank or credit cards in the name of
56	52		the applicant;
57	53		(G) employment records; [or]
58	54		(H) personal identification documents; or
59	55		(I) copies of electronic records containing
60	56		legal or financial documents;
61	57		(4) describe with specificity the items that the
62	58		applicant intends to retrieve;
63	59		(5) allege that the applicant or the applicant's
64	60		dependent will suffer personal harm if the items listed in the
65	61		application are not retrieved promptly; and
66	62		(6) include a lease or other documentary evidence that
67	63		shows the applicant is currently or was formerly authorized to
68	64		occupy the residence.
69	65		(c) Before the justice of the peace may issue a writ [an
70	66		order] under this section, the applicant must execute a bond that:
71	67		(1) has two or more good and sufficient non-corporate
72	68		sureties or one corporate surety authorized to issue bonds in this
73	69		state;
74	70		(2) is payable to the occupant of the residence;
75	71		(3) is in an amount required by the justice; and
76	72		(4) is conditioned on the applicant paying all damages
77	73		and costs adjudged against the applicant for wrongful property
78	74		retrieval.
79	75		(d) The applicant shall deliver the bond to the justice of
80	76		the peace issuing the writ [order] for the justice's approval. The
81	77		bond shall be filed with the justice court.
82	78		(e) On sufficient evidence of urgency and potential harm to
83	79		the health and safety of any person and after sufficient notice to
84	80		the current occupant and an opportunity to be heard, the justice of
85	81		the peace may grant the application under this section and issue a
86	82		writ [an order] authorizing the applicant to enter the residence
87	83		accompanied by a peace officer and retrieve the property listed in
88	84		the application if the justice of the peace finds that:
89	85		(1) the applicant is unable to enter the residence
90	86		because the current occupant of the residence has denied the
91	87		applicant access to the residence to retrieve the applicant's
92	88		personal property or the personal property of the applicant's
93	89		dependent;
94	90		(2) the applicant is not:
95	91		(A) the subject of an active protective order
96	92		under Title 4, Family Code, a magistrate's order for emergency
97	93		protection under Article 17.292, Code of Criminal Procedure, or
98	94		another court order prohibiting entry to the residence; or
99	95		(B) otherwise prohibited by law from entering the
100	96		residence;
101	97		(3) there is a risk of personal harm to the applicant
102	98		or the applicant's dependent if the items listed in the application
103	99		are not retrieved promptly;
104	100		(4) the applicant is currently or was formerly
105	101		authorized to occupy the residence according to a lease or other
106	102		documentary evidence; and
107	103		(5) the current occupant received notice of the
108	104		application and was provided an opportunity to appear before the
109	105		court to contest the application.
110	106		Sec. 24A.0021. TEMPORARY EX PARTE WRIT AUTHORIZING ENTRY
111		-	AND PROPERTY RETRIEVAL. (a) A justice of the peace may issue a ~~writ~~
112		-	under Section 24A.002 without providing notice and hearing ~~under~~
113		-	Section 24A.002(e)(5) if the justice finds at a hearing on the
	107	+	AND PROPERTY RETRIEVAL. (a) A justice of the peace may issue a
	108	+	writ under Section 24A.002 without providing notice and hearing
	109	+	under Section 24A.002(e)(5) if the justice finds at a hearing on the
114	110		application that:
115	111		(1) the conditions of Sections 24A.002(e)(1)-(4) are
116	112		established;
117	113		(2) the current occupant poses a clear and present
118	114		danger of family violence to the applicant or the applicant's
119	115		dependent; and
120	116		(3) the personal harm to be suffered by the applicant
121	117		or the applicant's dependent will be immediate and irreparable if
122	118		the application is not granted.
123	119		(b) A justice of the peace issuing a writ under this section
124	120		may waive the bond requirements under Sections 24A.002(c) and (d).
125	121		(c) The justice of the peace may recess a hearing under
126	122		Subsection (a) to notify the current occupant by telephone that the
127	123		current occupant may attend the hearing or bring to the court the
128	124		personal property listed in the application. The justice of the
129	125		peace shall reconvene the hearing before 5 p.m. that day regardless
130	126		of whether the current occupant attends the hearing or brings the
131	127		personal property to the court.
132	128		(d) A temporary ex parte writ issued under Subsection (a)
133	129		must state the period, not to exceed five days, during which the
134	130		writ is valid.
135	131		SECTION 2. Sections 24A.003(a), (b), and (c), Property
136	132		Code, are amended to read as follows:
137	133		(a) If the justice of the peace grants an application under
138	134		Section 24A.002 or Section 24A.0021, a peace officer shall
139	135		accompany and assist the applicant in making the authorized entry
140	136		and retrieving the items of personal property listed in the
141	137		application.
142	138		(b) If the current occupant of the residence is present at
143	139		the time of the entry, the peace officer shall provide the occupant
144	140		with a copy of the writ [court order] authorizing the entry and
145	141		property retrieval.
146	142		(c) Before removing the property listed in the application
147	143		from the residence, the applicant must submit all property
148	144		retrieved to the peace officer assisting the applicant under this
149	145		section to be inventoried. The peace officer shall create an
150	146		inventory listing the items taken from the residence, provide a
151	147		copy of the inventory to the applicant, provide a copy of the
152	148		inventory to the current occupant or, if the current occupant is not
153	149		present, leave the copy in a conspicuous place in the residence, and
154	150		return the property to be removed from the residence to the
155	151		applicant. The officer shall file the original inventory with the
156	152		court that issued the writ [order] authorizing the entry and
157	153		property retrieval.
158	154		SECTION 3. Section 24A.004, Property Code, is amended to
159	155		read as follows:
160	156		Sec. 24A.004. IMMUNITY FROM LIABILITY. A landlord or a
161	157		landlord's agent who permits or facilitates entry into a residence
162	158		in accordance with a writ [court order] issued under this chapter is
163	159		not civilly or criminally liable for an act or omission that arises
164	160		in connection with permitting or facilitating the entry.
165	161		SECTION 4. Sections 24A.005(a) and (c), Property Code, are
166	162		amended to read as follows:
167	163		(a) A person commits an offense if the person interferes
168	164		with a person or peace officer entering a residence and retrieving
169	165		personal property under the authority of a writ [court order]
170	166		issued under Section 24A.002 or 24A.0021.
171	167		(c) It is a defense to prosecution under this section that
172	168		the actor did not receive a copy of the writ [court order] or other
173	169		notice that the entry or property retrieval was authorized.
174	170		SECTION 5. Section 24A.006(a), Property Code, is amended to
175	171		read as follows:
176	172		(a) The occupant of a residence that is the subject of a writ
177	173		[court order] issued under Section 24A.002 or 24A.0021, not later
178	174		than the 10th day after the date of the authorized entry, may file a
179	175		complaint in the court that issued the writ [order] alleging that
180	176		the applicant has appropriated property belonging to the occupant
181	177		or the occupant's dependent.
182	178		SECTION 6. Chapter 24A, Property Code, as amended by this
183	179		Act, applies only to an application filed on or after the effective
184	180		date of this Act. An application filed before the effective date of
185	181		this Act is governed by the law in effect on the date the
186	182		application was filed, and the former law is continued in effect for
187	183		that purpose.
188	184		SECTION 7. This Act takes effect September 1, 2017.
	185	+	______________________________ ______________________________
	186	+	President of the Senate Speaker of the House
	187	+	I hereby certify that S.B. No. 920 passed the Senate on
	188	+	April 3, 2017, by the following vote: Yeas 31, Nays 0; and that
	189	+	the Senate concurred in House amendment on May 25, 2017, by the
	190	+	following vote: Yeas 31, Nays 0.
	191	+	______________________________
	192	+	Secretary of the Senate
	193	+	I hereby certify that S.B. No. 920 passed the House, with
	194	+	amendment, on May 21, 2017, by the following vote: Yeas 142,
	195	+	Nays 0, one present not voting.
	196	+	______________________________
	197	+	Chief Clerk of the House
	198	+	Approved:
	199	+	______________________________
	200	+	Date
	201	+	______________________________
	202	+	Governor