SECTION 1. Chapter 24A,
Property Code, is amended by amending Sections 24A.001 and 24A.002 and
adding Section 24A.0021 to read as follows:
Sec. 24A.001. DEFINITIONS
[DEFINITION]. In this chapter:
(1) "Electronic
record" means a record created, generated, sent, communicated,
received, or stored by electronic means.
(2) "Family
violence" has the meaning assigned by Section 71.004, Family Code.
(3) "Peace [,
"peace] officer" means a person listed under Article 2.12(1)
or (2), Code of Criminal Procedure.
Sec. 24A.002. WRIT [ORDER]
AUTHORIZING ENTRY AND PROPERTY RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a)
If a person is unable to enter the person's residence or former residence
to retrieve personal property belonging to the person or the person's
dependent because the current occupant is denying the person entry, the
person may apply to the justice court for a writ [an order]
authorizing the person to enter the residence accompanied by a peace
officer to retrieve specific items of personal property.
(b) An application under
Subsection (a) must:
(1) certify that the
applicant is unable to enter the residence because the current occupant of
the residence:
(A) has denied the
applicant access to the residence; or
(B) poses a clear and
present danger of family violence to the applicant or the applicant's
dependent;
(2) certify that, to the
best of the applicant's knowledge, the applicant is not:
(A) the subject of an active
protective order under Title 4, Family Code, a magistrate's order for
emergency protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by
law from entering the residence;
(3) allege that the
applicant or the applicant's [minor] dependent requires personal
items located in the residence that are only of the following types:
(A) medical records;
(B) medicine and medical
supplies;
(C) clothing;
(D) child-care items;
(E) legal or financial
documents;
(F) checks or bank or credit
cards in the name of the applicant;
(G) employment records; [or]
(H) personal identification
documents; or
(I) copies of electronic
records containing legal or financial documents;
(4) describe with
specificity the items that the applicant intends to retrieve;
(5) allege that the
applicant or the applicant's dependent will suffer personal harm if the
items listed in the application are not retrieved promptly; and
(6) include a lease or other
documentary evidence that shows the applicant is currently or was formerly authorized
to occupy the residence.
(c) Before the justice of
the peace may issue a writ [an order] under this section, the
applicant must execute a bond that:
(1) has two or more good and
sufficient non-corporate sureties or one corporate surety authorized to
issue bonds in this state;
(2) is payable to the
occupant of the residence;
(3) is in an amount required
by the justice; and
(4) is conditioned on the
applicant paying all damages and costs adjudged against the applicant for
wrongful property retrieval.
(d) The applicant shall
deliver the bond to the justice of the peace issuing the writ [order]
for the justice's approval. The bond shall be filed with the justice
court.
(e) On sufficient evidence
of urgency and potential harm to the health and safety of any person and
after sufficient notice to the current occupant and an opportunity to be
heard, the justice of the peace may grant the application under this
section and issue a writ [an order] authorizing the applicant
to enter the residence accompanied by a peace officer and retrieve the
property listed in the application if the justice of the peace finds that:
(1) the applicant is unable
to enter the residence because the current occupant of the residence has
denied the applicant access to the residence to retrieve the applicant's
personal property or the personal property of the applicant's dependent;
(2) the applicant is not:
(A) the subject of an active
protective order under Title 4, Family Code, a magistrate's order for
emergency protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by
law from entering the residence;
(3) there is a risk of
personal harm to the applicant or the applicant's dependent if the items
listed in the application are not retrieved promptly;
(4) the applicant is
currently or was formerly authorized to occupy the residence according to a
lease or other documentary evidence; and
(5) the current occupant
received notice of the application and was provided an opportunity to
appear before the court to contest the application.
Sec. 24A.0021. TEMPORARY
EX PARTE WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL. (a) If a justice
of the peace finds at the hearing on an application for a writ under
Section 24A.002 that
the conditions of Sections
24A.002(e)(1)-(4) are established and that the current occupant poses a
clear and present danger of family violence to the applicant or the
applicant's dependent, the justice may:
(1) waive the
requirements relating to providing:
(A) a bond under Sections
24A.002(c) and (d); and
(B) notice and
opportunity to be heard under Section 24A.002(e)(5); and
(2) grant the application and issue a temporary ex parte writ
authorizing the applicant to enter the residence accompanied by a peace
officer and retrieve the property listed in the application.
(b) The justice of the
peace may recess a hearing under Subsection (a) to notify the current
occupant by telephone that the current occupant may attend the hearing or
bring to the court the personal property listed in the application. The
justice of the peace shall reconvene the hearing before 5 p.m. that day
regardless of whether the current occupant attends the hearing or brings
the personal property to the court.
(c) A temporary ex parte
writ issued under Subsection (a) must state the period, not to exceed five
days, during which the writ is valid.
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SECTION 1. Chapter 24A,
Property Code, is amended by amending Sections 24A.001 and 24A.002 and
adding Section 24A.0021 to read as follows:
Sec. 24A.001. DEFINITIONS
[DEFINITION]. In this chapter:
(1) "Electronic
record" means a record created, generated, sent, communicated,
received, or stored by electronic means.
(2) "Family
violence" has the meaning assigned by Section 71.004, Family Code.
(3) "Peace [,
"peace] officer" means a person listed under Article 2.12(1)
or (2), Code of Criminal Procedure.
Sec. 24A.002. WRIT [ORDER]
AUTHORIZING ENTRY AND PROPERTY RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a)
If a person is unable to enter the person's residence or former residence
to retrieve personal property belonging to the person or the person's
dependent because the current occupant is denying the person entry, the
person may apply to the justice court for a writ [an order]
authorizing the person to enter the residence accompanied by a peace
officer to retrieve specific items of personal property.
(b) An application under
Subsection (a) must:
(1) certify that the
applicant is unable to enter the residence because the current occupant of
the residence:
(A) has denied the
applicant access to the residence; or
(B) poses a clear and
present danger of family violence to the applicant or the applicant's
dependent;
(2) certify that, to the
best of the applicant's knowledge, the applicant is not:
(A) the subject of an active
protective order under Title 4, Family Code, a magistrate's order for
emergency protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by
law from entering the residence;
(3) allege that the
applicant or the applicant's [minor] dependent requires personal
items located in the residence that are only of the following types:
(A) medical records;
(B) medicine and medical
supplies;
(C) clothing;
(D) child-care items;
(E) legal or financial
documents;
(F) checks or bank or credit
cards in the name of the applicant;
(G) employment records; [or]
(H) personal identification
documents; or
(I) copies of electronic
records containing legal or financial documents;
(4) describe with
specificity the items that the applicant intends to retrieve;
(5) allege that the applicant
or the applicant's dependent will suffer personal harm if the items listed
in the application are not retrieved promptly; and
(6) include a lease or other
documentary evidence that shows the applicant is currently or was formerly
authorized to occupy the residence.
(c) Before the justice of
the peace may issue a writ [an order] under this section, the
applicant must execute a bond that:
(1) has two or more good and
sufficient non-corporate sureties or one corporate surety authorized to
issue bonds in this state;
(2) is payable to the
occupant of the residence;
(3) is in an amount required
by the justice; and
(4) is conditioned on the
applicant paying all damages and costs adjudged against the applicant for
wrongful property retrieval.
(d) The applicant shall
deliver the bond to the justice of the peace issuing the writ [order]
for the justice's approval. The bond shall be filed with the justice
court.
(e) On sufficient evidence
of urgency and potential harm to the health and safety of any person and
after sufficient notice to the current occupant and an opportunity to be
heard, the justice of the peace may grant the application under this
section and issue a writ [an order] authorizing the applicant
to enter the residence accompanied by a peace officer and retrieve the
property listed in the application if the justice of the peace finds that:
(1) the applicant is unable
to enter the residence because the current occupant of the residence has
denied the applicant access to the residence to retrieve the applicant's
personal property or the personal property of the applicant's dependent;
(2) the applicant is not:
(A) the subject of an active
protective order under Title 4, Family Code, a magistrate's order for
emergency protection under Article 17.292, Code of Criminal Procedure, or
another court order prohibiting entry to the residence; or
(B) otherwise prohibited by
law from entering the residence;
(3) there is a risk of
personal harm to the applicant or the applicant's dependent if the items listed
in the application are not retrieved promptly;
(4) the applicant is
currently or was formerly authorized to occupy the residence according to a
lease or other documentary evidence; and
(5) the current occupant
received notice of the application and was provided an opportunity to
appear before the court to contest the application.
Sec. 24A.0021. TEMPORARY
EX PARTE WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL. (a) A justice of
the peace may issue a writ under Section
24A.002 without providing notice and hearing under Section
24A.002(e)(5) if the justice finds at a hearing on the application that:
(1) the conditions of
Sections 24A.002(e)(1)-(4) are established;
(2) the current occupant
poses a clear and present danger of family violence to the applicant or the
applicant's dependent; and
(3) the personal harm to be suffered by the applicant or the
applicant's dependent will be immediate and irreparable if the application
is not granted.
(b) A justice of the
peace issuing a writ under this section
may waive the bond requirements under Sections 24A.002(c) and (d).
(c) The justice of the
peace may recess a hearing under Subsection (a) to notify the current
occupant by telephone that the current occupant may attend the hearing or
bring to the court the personal property listed in the application. The
justice of the peace shall reconvene the hearing before 5 p.m. that day
regardless of whether the current occupant attends the hearing or brings
the personal property to the court.
(d) A temporary ex parte
writ issued under Subsection (a) must state the period, not to exceed five
days, during which the writ is valid.
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