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.