Texas Senate Bill SB260

Texas 2019 - 86th Regular

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 legislation's amendments to Section 24A.002 of the Property Code establish stringent requirements meant to protect individuals seeking to retrieve critical personal items, such as medical records or essential documents. The bill mandates that applicants must demonstrate an immediate need for the property and certify that they are not prohibited from entering the residence by any court orders, thereby streamlining the process in urgent situations and potentially providing a mechanism of relief for individuals facing threats of family violence.

Summary

Senate Bill 260 addresses the legal procedures for individuals seeking access to a residence or former residence to retrieve personal property when involved in certain legal disputes. The bill modifies existing laws to specify conditions under which a party can apply for a writ to enter a residence. Notably, the bill articulates that individuals cannot apply for such a writ if they and the current occupant are engaged in a pending family suit or if their right to possession is based on a divorce or annulment decree.

Contention

Discussion around SB 260 highlights significant considerations regarding access and property rights in the context of family law. Controversies may arise over the balance between ensuring access to necessary items and preventing misuse of the legal process in situations where a protective order exists. Concerns could be raised that the bill may not fully account for the rights of current occupants, particularly in cases of past domestic violence, which could lead to contentious interpretations of safety and property access rights. Notably, the expedited procedures allowing for issuance of a writ without prior notice in severe situations also reflect critical legal and ethical implications.