By Munoz                                                H.B. No. 77
       74R329 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to possession and delivery of a child in the company of a
    1-3  person arrested for certain offenses relating to child custody.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 17, Family Code, is amended by adding
    1-6  Section 17.032 to read as follows:
    1-7        Sec. 17.032.  POSSESSION AND DELIVERY OF CHILD TAKEN OR
    1-8  RETAINED BY PERSON ARRESTED FOR OFFENSE REGARDING CHILD CUSTODY.
    1-9  (a)  On the arrest of a person for an offense under Section 25.03
   1-10  or 25.031, Penal Code, a law enforcement officer may:
   1-11              (1)  take possession of a child who has been taken or
   1-12  retained as an element of the offense and who is found in the
   1-13  company of the person arrested; and
   1-14              (2)  deliver the child to a parent or other person
   1-15  entitled to possession of the child.
   1-16        (b)  A law enforcement officer who takes possession of a
   1-17  child and delivers the child to a person entitled to possession
   1-18  under this section is immune from civil liability if, at the time
   1-19  the possession and delivery occurs, the officer reasonably believes
   1-20  that:
   1-21              (1)  the child has been taken or retained in violation
   1-22  of Section 25.03 or 25.031, Penal Code; and
   1-23              (2)  the person to whom the child is delivered is
   1-24  entitled to possession of the child.
    2-1        SECTION 2.  Section 17.01, Family Code, is amended to read as
    2-2  follows:
    2-3        Sec. 17.01.  Governmental Entity May Bring Suit.  A suit
    2-4  affecting the parent-child relationship may be brought by a
    2-5  governmental entity with an interest in the child under Chapters
    2-6  11, 13, 14, and 15 of this code.  An emergency order or taking
    2-7  possession of a child without a court order as provided by Section
    2-8  17.02, <or> 17.03, or 17.032 of this code is governed by this
    2-9  chapter.
   2-10        SECTION 3.  Section 17.03(a), Family Code, is amended to read
   2-11  as follows:
   2-12        (a)  An authorized representative of the Texas Department of
   2-13  Human Services, a law enforcement officer, or a juvenile probation
   2-14  officer may take possession of a child without a court order only
   2-15  under the following conditions, except as provided by Section
   2-16  17.032 of this code <and no others>:
   2-17              (1)  upon discovery of a child in a situation of danger
   2-18  to the child's physical health or safety when the sole purpose is
   2-19  to deliver the child without unnecessary delay to the parent,
   2-20  managing conservator, possessory conservator, guardian, caretaker,
   2-21  or custodian who is presently entitled to possession of the child;
   2-22              (2)  upon the voluntary delivery of the child by the
   2-23  parent, managing conservator, possessory conservator, guardian,
   2-24  caretaker, or custodian who is presently entitled to possession of
   2-25  the child;
   2-26              (3)  upon personal knowledge of facts which would lead
   2-27  a person of ordinary prudence and caution to believe that there is
    3-1  an immediate danger to the physical health or safety of the child
    3-2  and that there is no time to obtain a temporary restraining order
    3-3  or attachment under Section 17.02 of this code;
    3-4              (4)  upon information furnished by another which has
    3-5  been corroborated by personal knowledge of facts and all of which
    3-6  taken together would lead a person of ordinary prudence and caution
    3-7  to believe that there is an immediate danger to the physical health
    3-8  or safety of the child and that there is no time to obtain a
    3-9  temporary restraining order or attachment under Section 17.02 of
   3-10  this code;
   3-11              (5)  upon personal knowledge of facts that would lead a
   3-12  person of ordinary prudence and caution to believe that the child
   3-13  has been the victim of sexual abuse and that there is no time to
   3-14  obtain a temporary restraining order or attachment under Section
   3-15  17.02 of this code; or
   3-16              (6)  upon information furnished by another that has
   3-17  been corroborated by personal knowledge of facts and all of which
   3-18  taken together would lead a person of ordinary prudence and caution
   3-19  to believe that the child has been the victim of sexual abuse and
   3-20  that there is no time to obtain a temporary restraining order or
   3-21  attachment under Section 17.02 of this code.
   3-22        SECTION 4.  This Act takes effect September 1, 1995.
   3-23        SECTION 5.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.