By Harris S.B. No. 515
74R4548 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of children from controlled substances.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 17.03(a), (b), and (f), Family Code, are
1-5 amended to read as follows:
1-6 (a) An authorized representative of the Texas Department of
1-7 Human Services, a law enforcement officer, or a juvenile probation
1-8 officer may take possession of a child without a court order under
1-9 the following conditions and no others:
1-10 (1) upon discovery of a child in a situation of danger
1-11 to the child's physical health or safety when the sole purpose is
1-12 to deliver the child without unnecessary delay to the parent,
1-13 managing conservator, possessory conservator, guardian, caretaker,
1-14 or custodian who is presently entitled to possession of the child;
1-15 (2) upon the voluntary delivery of the child by the
1-16 parent, managing conservator, possessory conservator, guardian,
1-17 caretaker, or custodian who is presently entitled to possession of
1-18 the child;
1-19 (3) upon personal knowledge of facts which would lead
1-20 a person of ordinary prudence and caution to believe that there is
1-21 an immediate danger to the physical health or safety of the child
1-22 and that there is no time to obtain a temporary restraining order
1-23 or attachment under Section 17.02 of this code;
1-24 (4) upon information furnished by another which has
2-1 been corroborated by personal knowledge of facts and all of which
2-2 taken together would lead a person of ordinary prudence and caution
2-3 to believe that there is an immediate danger to the physical health
2-4 or safety of the child and that there is no time to obtain a
2-5 temporary restraining order or attachment under Section 17.02 of
2-6 this code;
2-7 (5) upon personal knowledge of facts that would lead a
2-8 person of ordinary prudence and caution to believe that the child
2-9 has been the victim of sexual abuse and that there is no time to
2-10 obtain a temporary restraining order or attachment under Section
2-11 17.02 of this code; <or>
2-12 (6) upon information furnished by another that has
2-13 been corroborated by personal knowledge of facts and all of which
2-14 taken together would lead a person of ordinary prudence and caution
2-15 to believe that the child has been the victim of sexual abuse and
2-16 that there is no time to obtain a temporary restraining order or
2-17 attachment under Section 17.02 of this code; or
2-18 (7) upon information furnished by another that has
2-19 been corroborated by personal knowledge of facts and all of which
2-20 taken together would lead a person of ordinary prudence and caution
2-21 to believe that the parent or person who has possession of the
2-22 child is currently using a controlled substance as defined by
2-23 Chapter 481, Health and Safety Code, and the use constitutes an
2-24 immediate danger to the physical health or safety of the child and
2-25 there is no time to obtain a temporary restraining order or
2-26 attachment under Section 17.02.
2-27 (b) When a child is taken into possession under Subsection
3-1 (a)(3) <Subdivision (3)>, (4), (5), (6), or (7) <or (6) of
3-2 Subsection (a) of this section>, the person taking the child into
3-3 possession shall, without unnecessary delay, cause to be filed a
3-4 suit affecting the parent-child relationship and request the court
3-5 to appoint a guardian ad litem for the child and to cause a hearing
3-6 to be held by no later than the first working day after the child
3-7 is taken into possession.
3-8 (f) A full adversary hearing shall be held not later than
3-9 the 14th day after the date the child is taken into possession
3-10 under Subsection (a)(3) <Subdivision (3)>, (4), (5), (6), or (7)
3-11 <or (6) of Subsection (a) of this section> and such orders made as
3-12 are necessary for the protection of the physical health and safety
3-13 of the child.
3-14 SECTION 2. Section 34.012(1), Family Code, is amended to
3-15 read as follows:
3-16 (1) "Abuse" includes the following acts or omissions
3-17 by any person:
3-18 (A) mental or emotional injury to a child that
3-19 results in an observable and material impairment in the child's
3-20 growth, development, or psychological functioning;
3-21 (B) causing or permitting the child to be in a
3-22 situation in which the child sustains a mental or emotional injury
3-23 that results in an observable and material impairment in the
3-24 child's growth, development, or psychological functioning;
3-25 (C) physical injury that results in substantial
3-26 harm to the child, or the genuine threat of substantial harm from
3-27 physical injury to the child, including an injury that is at
4-1 variance with the history or explanation given and excluding an
4-2 accident or reasonable discipline by a parent, guardian, or
4-3 managing or possessory conservator that does not expose the child
4-4 to a substantial risk of harm;
4-5 (D) failure to make a reasonable effort to
4-6 prevent an action by another person that results in physical injury
4-7 that results in substantial harm to the child;
4-8 (E) sexual contact, sexual intercourse, or
4-9 sexual conduct, as those terms are defined by Section 43.01, Penal
4-10 Code, sexual penetration with a foreign object, incest, sexual
4-11 assault, or sodomy inflicted on, shown to, or intentionally
4-12 practiced in the presence of a child if the child is present only
4-13 to arouse or gratify the sexual desires of any person;
4-14 (F) failure to make a reasonable effort to
4-15 prevent sexual contact, sexual intercourse, or sexual conduct, as
4-16 those terms are defined by Section 43.01, Penal Code, sexual
4-17 penetration with a foreign object, incest, sexual assault, or
4-18 sodomy being inflicted on or shown to a child by another person, or
4-19 intentionally practiced in the presence of a child by another
4-20 person if the child is present only to arouse or gratify the sexual
4-21 desires of any person;
4-22 (G) compelling or encouraging the child to
4-23 engage in sexual conduct as defined by Section 43.01, Penal Code;
4-24 <or>
4-25 (H) causing, permitting, encouraging, engaging
4-26 in, or allowing the photographing, filming, or depicting of the
4-27 child if the person knew or should have known that the resulting
5-1 photograph, film, or depiction of the child is obscene (as defined
5-2 by the Penal Code) or pornographic;
5-3 (I) the current use by a person of a controlled
5-4 substance as defined by Chapter 481, Health and Safety Code, in a
5-5 manner or to the extent that the use results in physical, mental,
5-6 or emotional injury to a child; or
5-7 (J) causing, expressly permitting, or
5-8 encouraging a child to use a controlled substance as defined by
5-9 Chapter 481, Health and Safety Code.
5-10 SECTION 3. This Act takes effect September 1, 1995.
5-11 SECTION 4. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.