BILL ANALYSIS



C.S.H.B. 2569
By: Brady
05-01-95
Committee Report (Substituted)


BACKGROUND

In an action to remove a child from an abusive environment, time is
of the essence.  A mechanism is needed to allow both the Protective
and Regulatory Services and other interested parties to gain
immediate access to the courts in an effort to have a child removed
in an emergency situation.

PURPOSE

C.S.H.B. 2569 recognizes the need to allow immediate access to the
courts in a life and death situation of suspected child abuse. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Subchapter B, Chapter 262, Family Code, by
adding Section 262.111 to allow the Department of Protective and
Regulatory Services (department) to have an expedited hearing if
the department deems a child to be in immediate physical danger and
requires an expedited appeals process if the child is not removed. 
Entitles the department or any other interested party to an
expedited hearing and appeal if a child is returned to the child's
home after a removal in which the department was entitled to an
expedited hearing and the child is the subject of a subsequent
allegation of abuse.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2569 adds a provision to entitle the department or any
other interested party to an expedited hearing and appeal if a
child is returned to the child's home after a removal in which the
department was entitled to an expedited hearing and the child is
the subject of a subsequent allegation of abuse.  Conforms section
numbers to the recodification of Title 2 of the Family Code as
enacted by H.B. 655.

SUMMARY OF COMMITTEE ACTION

H.B. 2569 was considered in a public hearing on 12 April 1995. 

The following persons testified in favor of H.B. 2569:
     Norma Willcockson, representing herself;
     Richard G. Eigell, representing himself;
     Patti Derr, representing herself;
     Janice Sager, representing herself;
     Sandra Martin, representing herself;
     Jack Tucker, representing himself, Texas Fathers Alliance.

The following persons testified neutrally on H.B. 2569:
     Howard Baldwin, Department of Protective and Regulatory
Services;
     Brent Sandbak, representing himself, Texas Fathers.

The bill was left pending.

On 25 April 1995, in a formal meeting, the committee considered a
complete substitute which was adopted without objection.  H.B. 2569
was reported favorably as substituted with the recommendation that
it do pass and be printed by a record vote of 7 ayes, 0 nays, 0
pnv, 2 absent.