Texas 2019 - 86th Regular

Texas House Bill HB560

Caption

Relating to access to a residence or former residence to retrieve personal property by persons who are parties to certain suits and decrees.

Impact

The intent of HB 560 is to facilitate the retrieval of crucial personal belongings for individuals who may be in precarious situations, particularly in domestic violence scenarios. By allowing courts, specifically justices of the peace, to issue writs granting access, the bill aims to balance the rights of individuals to their property against the need for protection from potential harm by current occupants. This represents a significant adjustment to the Property Code, aligning the process more closely with the realities faced by many individuals in familial disputes.

Summary

House Bill 560 addresses the legal framework regarding access to a residence or former residence for individuals involved in specific legal suits or decrees, primarily focusing on scenarios involving domestic relations. The bill establishes a procedure whereby a person can apply for legal access to retrieve personal property from a residence inhabited by another individual. This applies when the applicant has been denied access or faces potential harm from the current occupant. The bill emphasizes the need for certification that the applicant is not under any legal prohibitions from entering the residence and outlines specific types of items that can be retrieved, which include medical records, clothing, and financial documents.

Contention

While supporters advocate for the bill as a necessary measure to protect individuals seeking access to their personal property, there are concerns regarding the potential for misuse. Critics may argue that the bill could inadvertently enable individuals to bypass legal protections intended for current occupants, particularly in cases of ongoing disputes or domestic violence. Ensuring that adequate safeguards are in place to prevent abuse of the system will be a vital point of discussion as the bill moves through legislative processes.

Companion Bills

TX SB260

Same As Relating to access to a residence or former residence to retrieve personal property by persons who are parties to certain suits and decrees.

Previously Filed As

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB3641

Relating to residency requirements for driver's licenses and personal identification certificates.

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB4194

Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB794

Relating to limitations on increases in the appraised value for ad valorem tax purposes of residence homesteads and single-family residences other than residence homesteads.

TX HB32

Relating to limitations on increases in the appraised value for ad valorem tax purposes of residence homesteads and single-family residences other than residence homesteads.

TX HB942

Relating to certain persons who are disqualified from serving as the personal representative of a decedent's estate.

TX HB1823

Relating to certain documents or instruments purporting to convey real or personal property.