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.