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AN ACT
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relating to the right of a person to enter the person's residence or |
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former residence accompanied by a peace officer to recover certain |
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personal property; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Property Code, is amended by adding |
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Chapter 24A to read as follows: |
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CHAPTER 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE |
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PERSONAL PROPERTY |
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Sec. 24A.001. DEFINITION. In this chapter, "peace officer" |
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means a person listed under Article 2.12(1) or (2), Code of Criminal |
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Procedure. |
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Sec. 24A.002. ORDER AUTHORIZING ENTRY AND PROPERTY |
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RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable to |
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enter the person's residence or former residence to retrieve |
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personal property belonging to the person or the person's dependent |
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because the current occupant is denying the person entry, the |
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person may apply to the justice court for an order authorizing the |
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person to enter the residence accompanied by a peace officer to |
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retrieve specific items of personal property. |
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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 has denied |
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the applicant access to the residence; |
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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) allege that the applicant or the applicant's minor |
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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; or |
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(H) personal identification documents; |
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(4) describe with specificity the items that the |
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applicant intends to retrieve; |
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(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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(6) include a lease or other documentary evidence that |
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shows the applicant is currently or was formerly authorized to |
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occupy the residence. |
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(c) Before the justice of the peace may issue an order under |
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this section, the applicant must execute a bond that: |
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(1) has two or more good and sufficient non-corporate |
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sureties or one corporate surety authorized to issue bonds in this |
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state; |
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(2) is payable to the occupant of the residence; |
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(3) is in an amount required by the justice; and |
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(4) is conditioned on the applicant paying all damages |
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and costs adjudged against the applicant for wrongful property |
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retrieval. |
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(d) The applicant shall deliver the bond to the justice of |
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the peace issuing the order for the justice's approval. The bond |
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shall be filed with the justice court. |
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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 an |
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order 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) 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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(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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(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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Sec. 24A.003. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE |
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OFFICER. (a) If the justice of the peace grants an application |
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under Section 24A.002, a peace officer shall accompany and assist |
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the applicant in making the authorized entry and retrieving the |
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items of personal property listed in the application. |
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(b) If the current occupant of the residence is present at |
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the time of the entry, the peace officer shall provide the occupant |
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with a copy of the court order authorizing the entry and property |
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retrieval. |
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(c) Before removing the property listed in the application |
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from the residence, the applicant must submit all property |
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retrieved to the peace officer assisting the applicant under this |
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section to be inventoried. The peace officer shall create an |
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inventory listing the items taken from the residence, provide a |
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copy of the inventory to the applicant, provide a copy of the |
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inventory to the current occupant or, if the current occupant is not |
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present, leave the copy in a conspicuous place in the residence, and |
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return the property to be removed from the residence to the |
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applicant. The officer shall file the original inventory with the |
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court that issued the order authorizing the entry and property |
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retrieval. |
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(d) A peace officer may use reasonable force in providing |
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assistance under this section. |
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(e) A peace officer who provides assistance under this |
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section in good faith and with reasonable diligence is not: |
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(1) civilly liable for an act or omission of the |
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officer that arises in connection with providing the assistance; or |
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(2) civilly or criminally liable for the wrongful |
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appropriation of any personal property by the person the officer is |
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assisting. |
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Sec. 24A.004. IMMUNITY FROM LIABILITY. A landlord or a |
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landlord's agent who permits or facilitates entry into a residence |
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in accordance with a court order issued under this chapter is not |
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civilly or criminally liable for an act or omission that arises in |
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connection with permitting or facilitating the entry. |
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Sec. 24A.005. OFFENSE. (a) A person commits an offense if |
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the person interferes with a person or peace officer entering a |
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residence and retrieving personal property under the authority of a |
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court order issued under Section 24A.002. |
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(b) An offense under this section is a Class B misdemeanor. |
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(c) It is a defense to prosecution under this section that |
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the actor did not receive a copy of the court order or other notice |
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that the entry or property retrieval was authorized. |
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Sec. 24A.006. HEARING; REVIEW. (a) The occupant of a |
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residence that is the subject of a court order issued under Section |
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24A.002, not later than the 10th day after the date of the |
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authorized entry, may file a complaint in the court that issued the |
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order alleging that the applicant has appropriated property |
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belonging to the occupant or the occupant's dependent. |
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(b) The court shall promptly hold a hearing on a complaint |
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submitted under this section and rule on the disposition of the |
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disputed property. |
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(c) This section does not limit the occupant's remedies |
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under any other law for recovery of the property of the occupant or |
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the occupant's dependent. |
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SECTION 2. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2486 was passed by the House on May |
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13, 2015, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2486 on May 29, 2015, by the following vote: Yeas 139, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2486 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |