87R680 BEE-F
 
  By: Dutton H.B. No. 1012
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to a residence or former residence to retrieve
  certain personal property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 24A.002, Property Code, is amended to
  read as follows:
         Sec. 24A.002.  WRIT 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 authorizing the
  person to enter the residence accompanied by a peace officer to
  retrieve specific items of personal property.
         (a-1)  A person applying for a writ under this section must
  apply:
               (1)  if the person and the current occupant are parties
  to a pending suit under Title 1, Family Code, to the court in which
  the suit is pending;
               (2)  if the person's right to possession of the items
  described in the application is subject to a decree of divorce or
  annulment to which the person and the current occupant are parties,
  to the court having jurisdiction of the divorce or annulment
  action; or
               (3)  if Subdivision (1) or (2) does not apply, to a
  justice court.
         (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)  certify whether, to the best of the applicant's
  knowledge:
                     (A)  the applicant and the current occupant are
  parties to a pending suit under Title 1, Family Code; or
                     (B)  the applicant's right to possession of the
  items described in the application is subject to a decree of divorce
  or annulment to which the applicant and the current occupant are
  parties;
               (4)  allege that the applicant or the applicant's
  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;
                     (H)  personal identification documents; [or]
                     (I)  copies of electronic records containing
  legal or financial documents;
                     (J)  assistance animals or service animals, as
  defined by Section 121.002, Human Resources Code, used by the
  applicant or the applicant's dependent;
                     (K)  wireless communication devices, as defined
  by Section 545.425(a), Transportation Code, of the applicant or the
  applicant's dependent; or
                     (L)  tools, equipment, books, and apparatus used
  by the applicant in the applicant's trade or profession;
               (5) [(4)]  describe with specificity the items that the
  applicant intends to retrieve;
               (6) [(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
               (7) [(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 court [justice of the peace] may issue a writ
  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 court [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 court
  [justice of the peace] issuing the writ for the court's [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 court
  [justice of the peace] may grant the application under this section
  and issue a writ authorizing the applicant to enter the residence
  accompanied by a peace officer and retrieve the property listed in
  the application if the court [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.
         SECTION 2.  Sections 24A.0021(a), (b), and (c), Property
  Code, are amended to read as follows:
         (a)  A court [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 court [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 court [justice of the peace] issuing a writ under this
  section may waive the bond requirements under Sections 24A.002(c)
  and (d).
         (c)  The court [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 court
  [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.
         SECTION 3.  Section 24A.003(a), Property Code, is amended to
  read as follows:
         (a)  If the court [justice of the peace] grants an
  application under Section 24A.002 or Section 24A.0021, a peace
  officer shall accompany and assist the applicant in making the
  authorized entry and retrieving the items of personal property
  listed in the application.
         SECTION 4.  The changes in law made by this Act apply only to
  an application filed on or after the effective date of this Act. An
  application filed before the effective date of this Act is governed
  by the law in effect on the date the application was filed, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2021.