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.