By Rhodes                                       H.B. No. 1192

      75R4799 SKB-F                           

                                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 71.18(c), Family Code, as added by

 1-6     Section 18, Chapter 1024, Acts of the 74th Legislature, Regular

 1-7     Session, 1995, and Section 71.18(d), Family Code, are amended to

 1-8     read as follows:

 1-9           (c)  On the request of an applicant obtaining a temporary

1-10     order that excludes the respondent from the respondent's residence,

1-11     the court that granted the temporary order shall provide a written

1-12     order to the sheriff, constable, or chief of police to provide a

1-13     law enforcement officer from the department of the sheriff,

1-14     constable, or chief of police:

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

1-16     covered by the order;

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

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

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

1-20     possession of the residence; and

1-21                 (4)  if the respondent refuses to vacate the residence,

1-22     to protect the applicant while the applicant takes possession of

1-23     the applicant's necessary personal property.

1-24           (d)  On the request of an applicant obtaining a final order

 2-1     that excludes the respondent from the respondent's residence, the

 2-2     court that granted the final order shall provide a written order to

 2-3     the sheriff, constable, or chief of police to provide a law

 2-4     enforcement officer from the department of the sheriff, constable,

 2-5     or chief of police:

 2-6                 (1)  to accompany the applicant to the residence

 2-7     covered by the order;

 2-8                 (2)  to inform the respondent that the court has

 2-9     ordered that the respondent be excluded from the residence;

2-10                 (3)  to protect the applicant while the applicant takes

2-11     possession of the residence and the respondent takes possession of

2-12     the respondent's necessary personal property; and

2-13                 (4)  if the respondent refuses to vacate the residence:

2-14                       (A)  to remove the respondent from the residence;

2-15     and

2-16                       (B)  to arrest the respondent for violating the

2-17     court order.

2-18           SECTION 2.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended,

2-23     and that this Act take effect and be in force from and after its

2-24     passage, and it is so enacted.