1-1 By: Rhodes (Senate Sponsor - Harris) H.B. No. 1192 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on 1-4 Jurisprudence; May 17, 1997, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; May 17, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the duties of law enforcement agencies to enforce 1-9 protective orders. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 86.003, Family Code, as added by H.B. 1-12 1441 and S.B. 797, Acts of the 75th Legislature, Regular Session, 1-13 1997, is amended to read as follows: 1-14 Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 1-15 UNDER TEMPORARY ORDER. On request by an applicant obtaining a 1-16 temporary ex parte protective order that excludes the respondent 1-17 from the respondent's residence, the court granting the temporary 1-18 order shall render a written order to the sheriff, constable, or 1-19 chief of police to provide a law enforcement officer from the 1-20 department of the chief of police, constable, or sheriff to: 1-21 (1) accompany the applicant to the residence covered 1-22 by the order; 1-23 (2) inform the respondent that the court has ordered 1-24 that the respondent be excluded from the residence; 1-25 (3) protect the applicant while the applicant takes 1-26 possession of the residence; and 1-27 (4) protect the applicant if the respondent refuses to 1-28 vacate the residence while the applicant takes possession of the 1-29 applicant's necessary personal property. 1-30 SECTION 2. Section 86.004, Family Code, as added by H.B. 1-31 1441 and S.B. 797, Acts of the 75th Legislature, Regular Session, 1-32 1997, is amended to read as follows: 1-33 Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE 1-34 UNDER FINAL ORDER. On request by an applicant obtaining a final 1-35 protective order that excludes the respondent from the respondent's 1-36 residence, the court granting the final order shall render a 1-37 written order to the sheriff, constable, or chief of police to 1-38 provide a law enforcement officer from the department of the chief 1-39 of police, constable, or sheriff to: 1-40 (1) accompany the applicant to the residence covered 1-41 by the order; 1-42 (2) inform the respondent that the court has ordered 1-43 that the respondent be excluded from the residence; 1-44 (3) protect the applicant while the applicant takes 1-45 possession of the residence and the respondent takes possession of 1-46 the respondent's necessary personal property; and 1-47 (4) if the respondent refuses to vacate the residence: 1-48 (A) remove the respondent from the residence; 1-49 and 1-50 (B) arrest the respondent for violating the 1-51 court order. 1-52 SECTION 3. This Act takes effect only if the 75th 1-53 Legislature, at its regular session, enacts H.B. 1441 or S.B. 797 1-54 and either bill becomes law. If the legislation does not become 1-55 law, this Act has no effect. 1-56 SECTION 4. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended, 1-61 and that this Act take effect and be in force from and after its 1-62 passage, and it is so enacted. 1-63 * * * * *