By Dutton H.B. No. 1817
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the retrieval of personal property after the entry of
1-3 certain temporary orders in a suit for divorce.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.581, Family Code, is amended by adding
1-6 Subsections (g) and (h) to read as follows:
1-7 (g) If a protective order issued under this section grants
1-8 exclusive possession of the residence of the parties to one party
1-9 or requires a party to vacate a residence, the court shall include
1-10 in the order a provision allowing the party excluded from the
1-11 residence to remove that party's personal property from the
1-12 residence. The order shall include the terms under which the party
1-13 may enter the residence and shall describe property that may be
1-14 removed under the order. An order under this subsection may not
1-15 permit the party excluded from the residence to exercise the
1-16 party's right to remove personal property after the 7th day after
1-17 the date on which the order is issued.
1-18 (h) For purposes of this section, property is defined as
1-19 personal effects.
1-20 SECTION 2. This Act takes effect September 1, 1995, and
1-21 applies only to a protective order in a suit for dissolution of a
1-22 marriage entered on or after that date. A protective order issued
1-23 before that date is governed by the law in effect at the time the
1-24 order was entered, and the former law is continued in effect for
2-1 that purpose.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.