S.B. No. 920
 
 
 
 
AN ACT
  relating to access to a residence or former residence to retrieve
  personal property, including access based on danger of family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         SECTION 2.  Sections 24A.003(a), (b), and (c), Property
  Code, are amended to read as follows:
         (a)  If the 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.
         (b)  If the current occupant of the residence is present at
  the time of the entry, the peace officer shall provide the occupant
  with a copy of the writ [court order] authorizing the entry and
  property retrieval.
         (c)  Before removing the property listed in the application
  from the residence, the applicant must submit all property
  retrieved to the peace officer assisting the applicant under this
  section to be inventoried. The peace officer shall create an
  inventory listing the items taken from the residence, provide a
  copy of the inventory to the applicant, provide a copy of the
  inventory to the current occupant or, if the current occupant is not
  present, leave the copy in a conspicuous place in the residence, and
  return the property to be removed from the residence to the
  applicant. The officer shall file the original inventory with the
  court that issued the writ [order] authorizing the entry and
  property retrieval.
         SECTION 3.  Section 24A.004, Property Code, is amended to
  read as follows:
         Sec. 24A.004.  IMMUNITY FROM LIABILITY. A landlord or a
  landlord's agent who permits or facilitates entry into a residence
  in accordance with a writ [court order] issued under this chapter is
  not civilly or criminally liable for an act or omission that arises
  in connection with permitting or facilitating the entry.
         SECTION 4.  Sections 24A.005(a) and (c), Property Code, are
  amended to read as follows:
         (a)  A person commits an offense if the person interferes
  with a person or peace officer entering a residence and retrieving
  personal property under the authority of a writ [court order]
  issued under Section 24A.002 or 24A.0021.
         (c)  It is a defense to prosecution under this section that
  the actor did not receive a copy of the writ [court order] or other
  notice that the entry or property retrieval was authorized.
         SECTION 5.  Section 24A.006(a), Property Code, is amended to
  read as follows:
         (a)  The occupant of a residence that is the subject of a writ
  [court order] issued under Section 24A.002 or 24A.0021, not later
  than the 10th day after the date of the authorized entry, may file a
  complaint in the court that issued the writ [order] alleging that
  the applicant has appropriated property belonging to the occupant
  or the occupant's dependent.
         SECTION 6.  Chapter 24A, Property Code, as amended by this
  Act, applies 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 7.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 920 passed the Senate on
  April 3, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 920 passed the House, with
  amendment, on May 21, 2017, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor