S.B. No. 789 AN ACT 1-1 relating to possession and delivery of a child in an emergency 1-2 without a court order. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 262, Family Code, as added 1-5 by H.B. No. 655, Acts of the 74th Legislature, Regular Session, 1-6 1995, is amended by adding Section 262.007 to read as follows: 1-7 Sec. 262.007. POSSESSION AND DELIVERY OF MISSING CHILD. 1-8 (a) A law enforcement officer who, during a criminal investigation 1-9 relating to a child's custody, discovers that a child is a missing 1-10 child and believes that a person may flee with or conceal the child 1-11 may take possession of the child and provide for the delivery of 1-12 the child as provided by Subsection (b). 1-13 (b) An officer who takes possession of a child under 1-14 Subsection (a) shall deliver or arrange for the delivery of the 1-15 child to a person entitled to possession of the child. 1-16 (c) If a person entitled to possession of the child is not 1-17 immediately available to take possession of the child, the law 1-18 enforcement officer shall deliver the child to the Department of 1-19 Protective and Regulatory Services. Until a person entitled to 1-20 possession of the child takes possession of the child, the 1-21 department may, without a court order, retain possession of the 1-22 child not longer than 14 days after the date the child is delivered 1-23 to the department. While the department retains possession of a 1-24 child under this subsection, the department may place the child in 2-1 foster home care. If a parent or other person entitled to 2-2 possession of the child does not take possession of the child 2-3 before the 15th day after the date the child is delivered to the 2-4 department, the department shall proceed under this chapter as if 2-5 the law enforcement officer took possession of the child under 2-6 Section 262.104. 2-7 SECTION 2. This Act takes effect September 1, 1995. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.