Texas 2019 - 86th Regular

Texas Senate Bill SB260 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R867 BEE-F
2	2	By: Rodríguez S.B. No. 260
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to a residence or former residence to retrieve
8	8	personal property by persons who are parties to certain suits and
9	9	decrees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 24A.002, Property Code, is amended by
12	12	adding Subsection (a-1) and amending Subsections (b) and (e) to
13	13	read as follows:
14	14	(a-1) A person may not apply for a writ under Subsection (a)
15	15	if:
16	16	(1) the person and the current occupant are parties to
17	17	a pending suit under Title 1, Family Code; or
18	18	(2) the person's right to possession of the items
19	19	described in the application is based on an order or award in a
20	20	decree of divorce or annulment to which the person and the current
21	21	occupant are subject.
22	22	(b) An application under Subsection (a) must:
23	23	(1) certify that the applicant is unable to enter the
24	24	residence because the current occupant of the residence:
25	25	(A) has denied the applicant access to the
26	26	residence; or
27	27	(B) poses a clear and present danger of family
28	28	violence to the applicant or the applicant's dependent;
29	29	(2) certify that, to the best of the applicant's
30	30	knowledge, the applicant is not:
31	31	(A) the subject of an active protective order
32	32	under Title 4, Family Code, a magistrate's order for emergency
33	33	protection under Article 17.292, Code of Criminal Procedure, or
34	34	another court order prohibiting entry to the residence; or
35	35	(B) otherwise prohibited by law from entering the
36	36	residence;
37	37	(3) certify that the applicant and the current
38	38	occupant are not parties to a pending suit under Title 1, Family
39	39	Code;
40	40	(4) certify that the applicant's right to possession
41	41	of the items described in the application is not based on an order
42	42	or award in a decree of divorce or annulment to which the applicant
43	43	and the current occupant are subject;
44	44	(5) allege that the applicant or the applicant's
45	45	dependent requires personal items located in the residence that are
46	46	only of the following types:
47	47	(A) medical records;
48	48	(B) medicine and medical supplies;
49	49	(C) clothing;
50	50	(D) child-care items;
51	51	(E) legal or financial documents;
52	52	(F) checks or bank or credit cards in the name of
53	53	the applicant;
54	54	(G) employment records;
55	55	(H) personal identification documents; or
56	56	(I) copies of electronic records containing
57	57	legal or financial documents;
58	58	(6) [(4)] describe with specificity the items that the
59	59	applicant intends to retrieve;
60	60	(7) [(5)] allege that the applicant or the applicant's
61	61	dependent will suffer personal harm if the items listed in the
62	62	application are not retrieved promptly; and
63	63	(8) [(6)] include a lease or other documentary
64	64	evidence that shows the applicant is currently or was formerly
65	65	authorized to occupy the residence.
66	66	(e) On sufficient evidence of urgency and potential harm to
67	67	the health and safety of any person and after sufficient notice to
68	68	the current occupant and an opportunity to be heard, the justice of
69	69	the peace may grant the application under this section and issue a
70	70	writ authorizing the applicant to enter the residence accompanied
71	71	by a peace officer and retrieve the property listed in the
72	72	application if the justice of the peace finds that:
73	73	(1) the applicant is unable to enter the residence
74	74	because the current occupant of the residence has denied the
75	75	applicant access to the residence to retrieve the applicant's
76	76	personal property or the personal property of the applicant's
77	77	dependent;
78	78	(2) the applicant is not:
79	79	(A) the subject of an active protective order
80	80	under Title 4, Family Code, a magistrate's order for emergency
81	81	protection under Article 17.292, Code of Criminal Procedure, or
82	82	another court order prohibiting entry to the residence; or
83	83	(B) otherwise prohibited by law from entering the
84	84	residence;
85	85	(3) the applicant and the current occupant are not
86	86	parties to a pending suit under Title 1, Family Code;
87	87	(4) the applicant's right to possession of the items
88	88	described in the application is not based on an order or award in a
89	89	decree of divorce or annulment to which the applicant and the
90	90	current occupant are subject;
91	91	(5) there is a risk of personal harm to the applicant
92	92	or the applicant's dependent if the items listed in the application
93	93	are not retrieved promptly;
94	94	(6) [(4)] the applicant is currently or was formerly
95	95	authorized to occupy the residence according to a lease or other
96	96	documentary evidence; and
97	97	(7) [(5)] the current occupant received notice of the
98	98	application and was provided an opportunity to appear before the
99	99	court to contest the application.
100	100	SECTION 2. Section 24A.0021(a), Property Code, is amended
101	101	to read as follows:
102	102	(a) A justice of the peace may issue a writ under Section
103	103	24A.002 without providing notice and hearing under Section
104	104	24A.002(e)(7) [24A.002(e)(5)] if the justice finds at a hearing on
105	105	the application that:
106	106	(1) the conditions of Sections 24A.002(e)(1)-(6)
107	107	[24A.002(e)(1)-(4)] are established;
108	108	(2) the current occupant poses a clear and present
109	109	danger of family violence to the applicant or the applicant's
110	110	dependent; and
111	111	(3) the personal harm to be suffered by the applicant
112	112	or the applicant's dependent will be immediate and irreparable if
113	113	the application is not granted.
114	114	SECTION 3. Chapter 24A, Property Code, as amended by this
115	115	Act, applies only to an application filed on or after the effective
116	116	date of this Act. An application filed before the effective date of
117	117	this Act is governed by the law in effect on the date the
118	118	application was filed, and the former law is continued in effect for
119	119	that purpose.
120	120	SECTION 4. This Act takes effect September 1, 2019.