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.