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.
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