BILL ANALYSIS C.S.S.B. 789 By: Harris (Goodman) 05-10-95 Committee Report (Substituted) BACKGROUND The Joint Interim Committee on the Family Code made a recommendation to provide a mechanism that would allow law enforcement personnel to take possession of a child without a court order when the child is listed as a missing child and is the subject of an investigation and there is reason to believe that a person will flee with or conceal the child. PURPOSE As proposed, C.S.S.B. 789 authorizes a law enforcement officer to take possession and to deliver a child to a person entitled to possession of the child, in an emergency without a court order. 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 Chapter 262A, Family Code, by adding Section 262.007 as follows: Sec. 262.007. POSSESSION AND DELIVERY OF MISSING CHILD. Authorizes a law enforcement officer who, during a child custody investigation, discovers a missing child and believes that a person may conceal the child, to take possession of and deliver the child to a person entitled to possession. Requires the law enforcement officer to deliver the child to the DHS if a person entitled to possession of the child is not available. Provides procedures for the DHS relating to the possession of the child. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 789 deletes from the original version: SECTION 1 relating to conditions under which certain officers may take possession of a child without a court order. The substitute bill authorizes an officer to deliver a child to "a person entitled to possession of the child", rather than to "a parent or other person entitled to possession of the child" as provided in the original version. The substitute adds a subsection establishing procedures for delivering the child if a person entitled to possession of the child is not immediately available, and deletes a subsection defining "missing child". SUMMARY OF COMMITTEE ACTION S.B. 789 was considered in a public hearing on May 3, 1995. The bill was left pending in committee. The bill was considered in a formal meeting on May 4, 1995, and was left pending. In a formal meeting on May 6, 1995, the committee considered a complete substitute to the bill which was adopted without objection. S.B. 789 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.