1-1 By: Dutton (Senate Sponsor - West) H.B. No. 1817 1-2 (In the Senate - Received from the House May 12, 1995; 1-3 May 15, 1995, read first time and referred to Committee on 1-4 Jurisprudence; May 23, 1995, reported favorably, as amended, by the 1-5 following vote: Yeas 4, Nays 0; May 23, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: West 1-7 Amend H.B. 1817 on page 1, line ____ by inserting a new subsection 1-8 (i) to read as follows: 1-9 (i) On the request of a party obtaining an order under this 1-10 section that excludes the other party named in the suit from the 1-11 parties' residence, the court that granted the order may order the 1-12 sheriff or chief of police to provide a law enforcement officer 1-13 from the department of the sheriff or the chief of police: 1-14 (1) to accompany the party excluded from the residence 1-15 to the residence covered by the order; 1-16 (2) to protect the party obtaining the order while the 1-17 party excluded from the residence takes possession of the excluded 1-18 party's personal property. 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the retrieval of personal property after the entry of 1-22 certain temporary orders in a suit for divorce. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Section 3.581, Family Code, is amended by adding 1-25 Subsections (g) and (h) to read as follows: 1-26 (g) If a protective order issued under this section grants 1-27 exclusive possession of the residence of the parties to one party 1-28 or requires a party to vacate a residence, the court shall include 1-29 in the order a provision allowing the party excluded from the 1-30 residence to remove that party's personal property from the 1-31 residence. The order shall include the terms under which the party 1-32 may enter the residence and shall describe property that may be 1-33 removed under the order. An order under this subsection may not 1-34 permit the party excluded from the residence to exercise the 1-35 party's right to remove personal property after the 7th day after 1-36 the date on which the order is issued. 1-37 (h) For purposes of this section, property is defined as 1-38 personal effects. 1-39 SECTION 2. This Act takes effect September 1, 1995, and 1-40 applies only to a protective order in a suit for dissolution of a 1-41 marriage entered on or after that date. A protective order issued 1-42 before that date is governed by the law in effect at the time the 1-43 order was entered, and the former law is continued in effect for 1-44 that purpose. 1-45 SECTION 3. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *