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.