SRC-SLL H.B. 1092 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1092
By: Serna (Shapleigh)
Jurisprudence
4-18-97
Engrossed


DIGEST 

Currently, there are state and federal laws stating that the custodial
parent/legal guardian can file a missing person report and have the child
entered into the Federal Bureau of Investigation's Missing Person File and
the Missing Persons Clearinghouse whether or not the abductor has been
charged with the crime.  However, there are still misconceptions on the
part of some law enforcement agencies that a child who is a victim of a
parental abduction cannot be entered into the FBI's clearinghouse unless
there is a warrant issued for the abductor.  This bill will redefine
"missing child" to include children taken in violation of a court order
and require an officer, upon finding a child taken in violation of a court
order, to take possession of the child and deliver the child to the person
entitled to possession of the child. 

PURPOSE

As proposed, H.B. 1092 redefines "missing child" to include children taken
in violation of a court order and requires an officer, upon finding a
child taken in violation of a court order, to take possession of the child
and deliver the child to the person entitled to possession of the child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 79.001(3), Human Resources Code, to redefine
"missing child" to include a child whose whereabouts are unknown to the
child's legal custodian, the circumstances of whose absence indicate that
the child was taken or retained in violation of the terms of a court order
for possession of or access to the child. 

SECTION 2. Amends Section 79.008(a), Human Resources Code, to require
local law enforcement agencies, on receiving a report of a missing child
or a missing person, to take certain actions. Authorizes an officer, on
determining the location of a child under Subdivision (1) or (2), other
than a child who is subject to the continuing jurisdiction of a district
court, to take possession of the child and shall deliver or arrange for
delivery of the child to a person entitled to possession of the child.
Requires the law enforcement officer, if the person entitled to possession
of the child is not immediately available, to deliver the child to the
Department of Protective and Regulatory Services. 

SECTION 3. Emergency clause.
  Effective date: upon passage.