74R12551 JMM-D
By Harris S.B. No. 789
Substitute the following for S.B. No. 789:
By Van de Putte C.S.S.B. No. 789
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession and delivery of a child in an emergency
1-3 without a court order.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 262, Family Code, as added
1-6 by House Bill 655, Acts of the 74th Legislature, Regular Session,
1-7 1995, is amended by adding Section 262.007 to read as follows:
1-8 Sec. 262.007. POSSESSION AND DELIVERY OF MISSING CHILD. (a)
1-9 A law enforcement officer who, during a criminal investigation
1-10 relating to a child's custody, discovers that a child is a missing
1-11 child and believes that a person may flee with or conceal the child
1-12 may take possession of the child and provide for the delivery of
1-13 the child as provided by Subsection (b).
1-14 (b) An officer who takes possession of a child under
1-15 Subsection (a) shall deliver or arrange for the delivery of the
1-16 child to a person entitled to possession of the child.
1-17 (c) If a person entitled to possession of the child is not
1-18 immediately available to take possession of the child, the law
1-19 enforcement officer shall deliver the child to the department.
1-20 Until a person entitled to possession of the child takes possession
1-21 of the child, the department may, without a court order, retain
1-22 possession of the child not longer than 14 days after the date the
1-23 child is delivered to the department. While the department retains
1-24 possession of a child under this subsection, the department may
2-1 place the child in foster home care. If a parent or other person
2-2 entitled to possession of the child does not take possession of the
2-3 child before the 15th day after the date the child is delivered to
2-4 the department, the department shall proceed under this chapter as
2-5 if 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.