75R10847 SKB-F                           

         By Rhodes                                             H.B. No. 1192

         Substitute the following for H.B. No. 1192:

         By Staples                                        C.S.H.B. No. 1192

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the duties of law enforcement agencies to enforce

 1-3     protective orders.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 86.003, Family Code, as added by H.B.

 1-6     1441 and S.B. 797, Acts of the 75th Legislature, Regular Session,

 1-7     1997, is amended to read as follows:

 1-8           Sec. 86.003.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE

 1-9     UNDER TEMPORARY ORDER.  On request by an applicant obtaining a

1-10     temporary ex parte protective order that excludes the respondent

1-11     from the respondent's residence, the court granting the temporary

1-12     order shall render a written order to the sheriff, constable, or

1-13     chief of police to provide a law enforcement officer from the

1-14     department of the chief of police, constable, or sheriff to:

1-15                 (1)  accompany the applicant to the residence covered

1-16     by the order;

1-17                 (2)  inform the respondent that the court has ordered

1-18     that the respondent be excluded from the residence;

1-19                 (3)  protect the applicant while the applicant takes

1-20     possession of the residence;  and

1-21                 (4)  protect the applicant if the respondent refuses to

1-22     vacate the residence while the applicant takes possession of the

1-23     applicant's necessary personal property.

1-24           SECTION 2.  Section 86.004, Family Code, as added by H.B.

 2-1     1441 and S.B. 797, Acts of the 75th Legislature, Regular Session,

 2-2     1997, is amended to read as follows:

 2-3           Sec. 86.004.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE

 2-4     UNDER FINAL ORDER.  On request by an applicant obtaining a final

 2-5     protective order that excludes the respondent from the respondent's

 2-6     residence, the court granting the final order shall render a

 2-7     written order to the sheriff, constable, or chief of police to

 2-8     provide a law enforcement officer from the department of the chief

 2-9     of police, constable, or sheriff to:

2-10                 (1)  accompany the applicant to the residence covered

2-11     by the order;

2-12                 (2)  inform the respondent that the court has ordered

2-13     that the respondent be excluded from the residence;

2-14                 (3)  protect the applicant while the applicant takes

2-15     possession of the residence and the respondent takes possession of

2-16     the respondent's necessary personal property;  and

2-17                 (4)  if the respondent refuses to vacate the residence:

2-18                       (A)  remove the respondent from the residence;

2-19     and

2-20                       (B)  arrest the respondent for violating the

2-21     court order.

2-22           SECTION 3.  This Act takes effect only if the 75th

2-23     Legislature, at its regular session, enacts H.B. 1441 or S.B. 797

2-24     and either bill becomes law.  If the legislation does not become

2-25     law, this Act has no effect.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.