BILL ANALYSIS


                                                    C.S.S.B. 1051
                                                      By: Shapiro
                                                 Criminal Justice
                                                         04-10-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, sheriffs and police officers are allowed to act as
guards when individuals who have sought the legal security of a
protective order try to reestablish occupancy at their residence. 
Constables are currently excluded from this service.

PURPOSE

As proposed, C.S.S.B. 1051 authorizes a constable to participate in
the provisions of a protective order.

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 Sections 3.582(b) and (d), Family Code, 

     (b)  Includes the appropriate constable and the sheriff of the
     county where the person resides, if hte person does not reside
     in a city, among persons who are required to receive from the
     clerk of the issuing court an original or modified protective
     order under Section 3.581 of this code.
     
     (d)  Makes a conforming change.
SECTION 2. Amends Section 3.583, Family Code, to make a conforming
change.

SECTION 3. Amends Section 71.15(i), Family Code, to include a
constable among persons who may be ordered by a court to provide a
law enforcement officer to accompany the person obtaining an order
that excludes another person from the person's residence to the
residence covered by the order; to protect the person obtaining the
order while the person takes possession of the residence; and if
the person obtaining the order is unable to take possession of the
residence because of the person being excluded, to inform the
person being excluded that the court has so ordered such action.

SECTION 4. Amends Sections 71.17(b) and (d), Family Code, to make
conforming changes.

SECTION 5. Amends Section 71.18, Family Code, to make conforming
changes.

SECTION 6. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 7. Emergency clause.