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Texas Property Code

§ 24A.002 — WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL; PEACE OFFICER TO ACCOMPANY

PR § 24A.002Title 4. ACTIONS AND REMEDIES · Ch. 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE PERSONAL PROPERTY

Statute text

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(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 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:

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 451 (H.B. 1012), Sec. 1, eff. September 1, 2021.