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A BILL TO BE ENTITLED
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AN ACT
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relating to access to a residence or former residence to retrieve |
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personal property by persons who are parties to certain suits and |
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decrees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24A.002, Property Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b) and (e) to |
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read as follows: |
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(a-1) A person may not apply for a writ under Subsection (a) |
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if: |
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(1) the person and the current occupant are parties to |
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a pending suit under Title 1, Family Code; or |
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(2) the person's right to possession of the items |
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described in the application is based on an order or award in a |
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decree of divorce or annulment to which the person and the current |
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occupant are subject. |
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(b) An application under Subsection (a) must: |
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(1) certify that the applicant is unable to enter the |
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residence because the current occupant of the residence: |
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(A) has denied the applicant access to the |
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residence; or |
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(B) poses a clear and present danger of family |
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violence to the applicant or the applicant's dependent; |
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(2) certify that, to the best of the applicant's |
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knowledge, the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, Family Code, a magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, or |
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another court order prohibiting entry to the residence; or |
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(B) otherwise prohibited by law from entering the |
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residence; |
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(3) certify that the applicant and the current |
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occupant are not parties to a pending suit under Title 1, Family |
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Code; |
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(4) certify that the applicant's right to possession |
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of the items described in the application is not based on an order |
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or award in a decree of divorce or annulment to which the applicant |
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and the current occupant are subject; |
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(5) allege that the applicant or the applicant's |
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dependent requires personal items located in the residence that are |
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only of the following types: |
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(A) medical records; |
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(B) medicine and medical supplies; |
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(C) clothing; |
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(D) child-care items; |
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(E) legal or financial documents; |
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(F) checks or bank or credit cards in the name of |
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the applicant; |
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(G) employment records; |
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(H) personal identification documents; or |
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(I) copies of electronic records containing |
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legal or financial documents; |
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(6) [(4)] describe with specificity the items that the |
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applicant intends to retrieve; |
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(7) [(5)] allege that the applicant or the applicant's |
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dependent will suffer personal harm if the items listed in the |
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application are not retrieved promptly; and |
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(8) [(6)] include a lease or other documentary |
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evidence that shows the applicant is currently or was formerly |
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authorized to occupy the residence. |
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(e) On sufficient evidence of urgency and potential harm to |
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the health and safety of any person and after sufficient notice to |
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the current occupant and an opportunity to be heard, the justice of |
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the peace may grant the application under this section and issue a |
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writ authorizing the applicant to enter the residence accompanied |
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by a peace officer and retrieve the property listed in the |
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application if the justice of the peace finds that: |
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(1) the applicant is unable to enter the residence |
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because the current occupant of the residence has denied the |
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applicant access to the residence to retrieve the applicant's |
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personal property or the personal property of the applicant's |
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dependent; |
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(2) the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, Family Code, a magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, or |
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another court order prohibiting entry to the residence; or |
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(B) otherwise prohibited by law from entering the |
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residence; |
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(3) the applicant and the current occupant are not |
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parties to a pending suit under Title 1, Family Code; |
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(4) the applicant's right to possession of the items |
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described in the application is not based on an order or award in a |
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decree of divorce or annulment to which the applicant and the |
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current occupant are subject; |
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(5) there is a risk of personal harm to the applicant |
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or the applicant's dependent if the items listed in the application |
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are not retrieved promptly; |
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(6) [(4)] the applicant is currently or was formerly |
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authorized to occupy the residence according to a lease or other |
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documentary evidence; and |
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(7) [(5)] the current occupant received notice of the |
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application and was provided an opportunity to appear before the |
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court to contest the application. |
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SECTION 2. Section 24A.0021(a), Property Code, is amended |
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to read as follows: |
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(a) A justice of the peace may issue a writ under Section |
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24A.002 without providing notice and hearing under Section |
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24A.002(e)(7) [24A.002(e)(5)] if the justice finds at a hearing on |
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the application that: |
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(1) the conditions of Sections 24A.002(e)(1)-(6) |
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[24A.002(e)(1)-(4)] are established; |
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(2) the current occupant poses a clear and present |
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danger of family violence to the applicant or the applicant's |
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dependent; and |
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(3) the personal harm to be suffered by the applicant |
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or the applicant's dependent will be immediate and irreparable if |
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the application is not granted. |
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SECTION 3. Chapter 24A, Property Code, as amended by this |
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Act, applies only to an application filed on or after the effective |
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date of this Act. An application filed before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |