Texas Laws - Property Code
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES

(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 (2054)

(B) otherwise prohibited by law from entering the residence; (2055)

(3) allege that the applicant or the applicant's dependent requires personal items located in the residence that are only of the following types: (2056)

(A) medical records; (2057)

(B) medicine and medical supplies; (2058)

(C) clothing; (2059)

(D) child-care items; (2060)

(E) legal or financial documents; (2061)

(F) checks or bank or credit cards in the name of the applicant; (2062)

(G) employment records; (2063)

(H) personal identification documents; or (2064)

(I) copies of electronic records containing legal or financial documents; (2065)

(4) describe with specificity the items that the applicant intends to retrieve; (2066)

(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 (2067)

(6) include a lease or other documentary evidence that shows the applicant is currently or was formerly authorized to occupy the residence. (2068)

(c) Before the justice of the peace may issue a writ under this section, the applicant must execute a bond that: (2069)

(1) has two or more good and sufficient non-corporate sureties or one corporate surety authorized to issue bonds in this state; (2070)

(2) is payable to the occupant of the residence; (2071)

(3) is in an amount required by the justice; and (2072)

(4) is conditioned on the applicant paying all damages and costs adjudged against the applicant for wrongful property retrieval. (2073)

(d) The applicant shall deliver the bond to the justice of the peace issuing the writ for the justice's approval. The bond shall be filed with the justice court. (2074)

(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 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: (2075)

(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; (2076)

(2) the applicant is not: (2077)

(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 (2078)

(B) otherwise prohibited by law from entering the residence; (2079)

(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; (2080)

(4) the applicant is currently or was formerly authorized to occupy the residence according to a lease or other documentary evidence; and (2081)

(5) the current occupant received notice of the application and was provided an opportunity to appear before the court to contest the application. (2082)

Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015. (2083)

Amended by: (2084)

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017. (2085)

Sec. 24A.0021. TEMPORARY EX PARTE WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL. (2086)(1-click HTML)

(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: (2087)

(1) the conditions of Sections 24A.002(e)(1)-(4) are established; (2088)

(2) the current occupant poses a clear and present danger of family violence to the applicant or the applicant's dependent; and (2089)

(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. (2090)

(b) A justice of the peace issuing a writ under this section may waive the bond requirements under Sections 24A.002(c) and (d). (2091)

(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. (2092)

(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. (2093)

Added by Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017. (2094)

Sec. 24A.003. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE OFFICER. (2095)(1-click HTML)

(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. (2096)

(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 authorizing the entry and property retrieval. (2097)

(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 authorizing the entry and property retrieval. (2098)

(d) A peace officer may use reasonable force in providing assistance under this section. (2099)

(e) A peace officer who provides assistance under this section in good faith and with reasonable diligence is not: (2100)

(1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance; or (2101)

(2) civilly or criminally liable for the wrongful appropriation of any personal property by the person the officer is assisting. (2102)

Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015. (2103)

Amended by: (2104)

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 2, eff. September 1, 2017. (2105)

Sec. 24A.004. IMMUNITY FROM LIABILITY. (2106)(1-click HTML)

A landlord or a landlord's agent who permits or facilitates entry into a residence in accordance with a writ 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. (2107)

Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015. (2108)

Amended by: (2109)

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 3, eff. September 1, 2017. (2110)

Sec. 24A.005. OFFENSE. (2111)(1-click HTML)

(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 issued under Section 24A.002 or 24A.0021. (2112)

(b) An offense under this section is a Class B misdemeanor. (2113)

(c) It is a defense to prosecution under this section that the actor did not receive a copy of the writ or other notice that the entry or property retrieval was authorized. (2114)

Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015. (2115)

Amended by: (2116)

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 4, eff. September 1, 2017. (2117)

Sec. 24A.006. HEARING; REVIEW. (2118)(1-click HTML)

(a) The occupant of a residence that is the subject of a writ 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 alleging that the applicant has appropriated property belonging to the occupant or the occupant's dependent. (2119)

(b) The court shall promptly hold a hearing on a complaint submitted under this section and rule on the disposition of the disputed property. (2120)

(c) This section does not limit the occupant's remedies under any other law for recovery of the property of the occupant or the occupant's dependent. (2121)

Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015. (2122)

Amended by: (2123)

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 5, eff. September 1, 2017. (2124)

CHAPTER 25. TRIAL OF RIGHT OF PROPERTY (2125)(1-click HTML)

Sec. 25.001. JURISDICTION. (2126)(1-click HTML)

A trial of the right of property is an action that applies only to personal property. A trial of the right of property must be tried in a court with jurisdiction of the amount in controversy. (2127)

Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984. (2128)

Sec. 25.002. DAMAGES. (2129)(1-click HTML)

If a claimant in a trial of the right of property does not establish a right to the property, the court shall adjudge damages against the obligors in the claimant's bond equal to 10 percent of the lesser of: (2130)

(1) the property's value; or (2131)

(2) the amount claimed under the writ levied against the property. (2132)

Acts 1983, 68th Leg., p. 3517, ch. 576, Sec. 1, eff. Jan. 1, 1984. (2133)

CHAPTER 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS (2134)(1-click HTML)

Sec. 26.001. DEFINITIONS. (2135)(1-click HTML)

In this chapter: (2136)

(1) "Photograph" means a photograph or photographic reproduction, still or moving, videotape, or live television transmission of an individual in a manner that allows a person viewing the photograph with the naked eye to reasonably determine the identity of the individual. (2137)

(2) "Property right" means the property right created by this chapter. (2138)

(3) "Name" means the actual or assumed name used by an individual which, when used in conjunction with other information, is intended to identify a particular person. (2139)

(4) "Media enterprise" means a newspaper, magazine, radio station or network, television station or network, or cable television system. (2140)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2141)

Sec. 26.002. PROPERTY RIGHT ESTABLISHED. (2142)(1-click HTML)

An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual. (2143)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2144)

Sec. 26.003. APPLICABILITY. (2145)(1-click HTML)

This chapter applies to an individual: (2146)

(1) alive on or after September 1, 1987, or who died before September 1, 1987, but on or after January 1, 1937; and (2147)

(2) whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death or comes to have commercial value after that time. (2148)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2149)

Sec. 26.004. TRANSFERABILITY. (2150)(1-click HTML)

(a) The property right is freely transferable, in whole or in part, by contract or by means of trust or testamentary documents. (2151)

(b) The property right may be transferred before or after the death of the individual. (2152)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2153)

Sec. 26.005. OWNERSHIP AFTER DEATH OF INDIVIDUAL. (2154)(1-click HTML)

(a) If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property right vests as follows: (2155)

(1) if there is a surviving spouse but there are no surviving children or grandchildren, the entire interest vests in the surviving spouse; (2156)

(2) if there is a surviving spouse and surviving children or grandchildren, one-half the interest vests in the surviving spouse and one-half the interest vests in the surviving children or grandchildren; (2157)

(3) if there is no surviving spouse, the entire interest vests in the surviving children of the deceased individual and the surviving children of any deceased children of the deceased individual; or (2158)

(4) if there is no surviving spouse, children, or grandchildren, the entire interest vests in the surviving parents of the deceased individual. (2159)

(b) The interests of the deceased individual's children and grandchildren are divided among them and exercisable on a per stirpes basis in the manner provided by Section 201.101, Estates Code, according to the number of the deceased individual's children represented. If there is more than one child of a deceased child of the deceased individual, the share of a child of a deceased child may only be exercised by a majority of the children of the deceased child. (2160)

(c) If the property right is split among more than one person, those persons who own more than a one-half interest in the aggregate may exercise the right on behalf of all persons who own the right. (2161)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2162)

Amended by: (2163)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.058, eff. September 1, 2017. (2164)

Sec. 26.006. REGISTRATION OF CLAIM. (2165)(1-click HTML)

(a) A person who claims to own a property right may register that claim with the secretary of state. (2166)

(b) The secretary of state shall provide a form for registration of a claim under this section. The form must be verified and must include: (2167)

(1) the name and date of death of the deceased individual; (2168)

(2) the name and address of the claimant; (2169)

(3) a statement of the basis of the claim; and (2170)

(4) a statement of the right claimed. (2171)

(c) The secretary of state may microfilm or reproduce by another technique a document filed under this section and destroy the original document. (2172)

(d) A document or a reproduction of a document filed under this section is admissible in evidence. (2173)

(e) The secretary of state may destroy all documents filed under this section after the 50th anniversary of the date of death of the individual whose property right they concern. (2174)

(f) The fee for filing a claim is $25. (2175)

(g) A document filed under this section is a public record. (2176)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2177)

Sec. 26.007. EFFECT OF REGISTRATION. (2178)(1-click HTML)
  

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