By: Shapiro S.B. No. 1051
A BILL TO BE ENTITLED
AN ACT
1-1 relating to enforcement of a protective order by a constable.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 71.15(i), Family Code, is amended to read
1-4 as follows:
1-5 (i) On the request of a person obtaining an order that
1-6 excludes another person from the other person's residence, the
1-7 court that granted the order may order the sheriff, constable, or
1-8 chief of police to provide a law enforcement officer <from the
1-9 department of the sheriff or the chief of police>:
1-10 (1) to accompany the person obtaining the order to the
1-11 residence covered by the order;
1-12 (2) to protect the person obtaining the order while
1-13 the person takes possession of the residence; and
1-14 (3) if the person obtaining the order is unable to
1-15 take possession of the residence because the person being excluded
1-16 occupies the residence, to inform the person being excluded that
1-17 the court has ordered the person excluded from the residence.
1-18 SECTION 2. Sections 71.17(b) and (d), Family Code, are
1-19 amended to read as follows:
1-20 (b) The clerk of the court issuing an original or modified
1-21 protective order under this chapter shall send a copy of the order
1-22 to the chief of police of the city where the member of the family
1-23 or household protected by the order resides, if the person resides
2-1 in a city, or to the appropriate constable and the sheriff of the
2-2 county where the person resides, if the person does not reside in a
2-3 city.
2-4 (d) The clerk of a court vacating an original or modified
2-5 protective order under this chapter shall notify a constable, <the>
2-6 chief of police, or sheriff who received a copy of the original or
2-7 modified order that the order is vacated.
2-8 SECTION 3. This Act takes effect September 1, 1995.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.