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.