BILL ANALYSIS


                                                        H.B. 1817
                                            By: Dutton (West, R.)
                                                    Jurisprudence
                                                         05-23-95
                                Senate Committee Report (Amended)
BACKGROUND

Section 3.581 of the Family Code 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

As proposed, H.B. 1817 authorizes a spouse who is required by a
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), as follows:

     (g) Requires the court, if a protective order grants exclusive
     possession of the residence of the parties to one party or
     requires a party to vacate a residence, to include in the
     order a provision allowing the party excluded from the
     residence to remove that party's personal property from the
     residence.  Requires the order to include the terms under
     which the party may enter the residence and describe property
     that may be removed under the order.  Prohibits an order from
     permitting the party excluded from the residence from
     exercising the party's right to remove personal property after
     the 7th day after the order is issued.
     
     (h) Provides that property is defined as personal effects.
     
     (i) Provides that on the request of a party obtaining an order
     that excludes the other party in the suit from the parties'
     residence, the court that granted the order may order the
     sheriff or chief of police to provide a law enforcement
     officer to accompany the party excluded from the residence to
     the residence covered by the order; and to protect the party
     obtaining the order while the party excluded from the
     residence takes possession of the excluded party's personal
     property.
SECTION 2. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.