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.

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