Bill Caption

Relating to the right of a person to enter the person's residence or former residence accompanied by a peace officer to recover certain personal property; creating an offense.

Fiscal Notes

No significant fiscal implication to the State.

Local Government

The bill would increase the workload of local courts and police departments; however, no significant fiscal implication to units of local government is anticipated.

A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact.

Bill Analysis

The bill would amend the Property Code to permit an individual to apply to a justice court for an order authorizing the person to enter a residence accompanied by a peace officer to retrieve items of personal property. The bill would require a peace officer to create an inventory list of items taken from the residence. The bill would create a Class B misdemeanor for an individual to interfere with a person or peace officer entering a residence and retrieving personal property under the authority of a court order. The bill would permit an occupant of a residence to file a complaint in a court. Upon receiving a complaint, a court would be required to hold a hearing on the complaint and rule on the disposition of the disputed property.

Vote Recommendation Notes

This bill affirms the principle of property rights. In certain domestic situations, individuals may lose access to their property that is essential to their health or financial security, such as medicine and financial documents. This will give those individuals a legal recourse to obtain those items through the court's discretion.  For this reason, we support HB 2486.