BILL ANALYSIS



H.B. 1817
By: Dutton
04-24-95
Committee Report (Amended)


BACKGROUND

Family Code, Sec. 3.581, provides for the court to issue a
protective order on the motion of any party to a suit for a divorce
or annulment or to declare a marriage void.  A spouse who has
applied for a protective order is entitled to a temporary ex parte
order requiring the other spouse to vacate the residence.  When
this occurs, the other spouse is prevented from retrieving his or
her personal belongings.

PURPOSE

HB 1817 allows a spouse who is required by court order to vacate a
residence to retrieve his or her personal belongings.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.581, Family Code, by adding
Subsections (g) and (h) to allow a person required by a protective
order to vacate a residence to retrieve their personal property,
defined for purposes of this section as personal effects.  Requires
the order to describe the items to be removed and the terms under
which the party may enter the residence.  Prohibits the exercise of
the right to remove personal property pursuant to the order after
the 7th day after issuance.

SECTION 2.  Effective date:  September 1, 1995.  Makes application
of this Act prospective.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 adds Subsection (h) to define property as
personal effects for purposes of this section.

SUMMARY OF COMMITTEE ACTION

H.B. 1817 was considered in a public hearing on 5 April 1995.

The following persons testified in favor of the bill:
     Jack Tucker, representing himself, Texas Fathers Alliance;
     Robert L. Green Jr., representing himself, Primary Nurturing
Fathers of Texas/Texas        Fathers Alliance.

The bill was left pending in committee.

In a public hearing on 12 April 1995, one amendment was adopted
without objection.  H.B. 1817 was reported favorably as amended
with the recommendation that it do pass and be printed by a record
vote of 5 ayes, 0 nays, 0 pnv and 4 absent.