1-1 AN ACT
1-2 relating to the emergency protection of children and to the
1-3 issuance of a legislative continuance in an action for a protective
1-4 order.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 262.101, Family Code, is amended to read
1-7 as follows:
1-8 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
1-9 CHILD. A petition or affidavit filed by a governmental entity
1-10 requesting permission to take possession of a child in an emergency
1-11 shall be sworn to by a person with personal knowledge and shall
1-12 state facts sufficient to satisfy a person of ordinary prudence and
1-13 caution that:
1-14 (1) there is an immediate danger to the physical
1-15 health or safety of the child or the child has been a victim of
1-16 neglect or sexual abuse and that continuation in the home would be
1-17 contrary to the child's welfare; and
1-18 (2) there is no time, consistent with the physical
1-19 health or safety of the child, for an adversary hearing or to make
1-20 reasonable efforts to prevent or eliminate the need for the removal
1-21 of the child.
1-22 SECTION 2. Section 262.102, Family Code, is amended by
1-23 adding Subsection (c) to read as follows:
1-24 (c) If, based on the recommendation of or a request by the
2-1 department, the court finds that child abuse or neglect has
2-2 occurred and that the child requires protection from family
2-3 violence by a member of the child's family or household, the court
2-4 shall render a temporary order under Chapter 71 for the protection
2-5 of the child. In this subsection, "family violence" has the
2-6 meaning assigned by Section 71.01.
2-7 SECTION 3. Section 262.201(c), Family Code, is amended to
2-8 read as follows:
2-9 (c) If the court finds sufficient evidence to satisfy a
2-10 person of ordinary prudence and caution that there is a continuing
2-11 danger to the physical health or safety of the child and for the
2-12 child to remain in the home is contrary to the welfare of the
2-13 child, the court shall issue an appropriate temporary order under
2-14 Chapter 105. If the court finds that the child requires protection
2-15 from family violence by a member of the child's family or
2-16 household, the court shall render a protective order under Chapter
2-17 71 for the child. In this subsection, "family violence" has the
2-18 meaning assigned by Section 71.01.
2-19 SECTION 4. Section 71.09(a), Family Code, is amended to read
2-20 as follows:
2-21 (a) Unless a later date is requested by the applicant, the
2-22 court, on the filing of an application, shall set a date and time
2-23 for the hearing on the application. Except as provided by
2-24 Subsection (d) of this section, the date must not be later than 14
2-25 days after the date the application is filed. If a proceeding for
2-26 which a legislative continuance is sought under Section 30.003,
2-27 Civil Practice and Remedies Code, includes an application for a
3-1 protective order authorized by this code, the continuance is
3-2 discretionary with the court.
3-3 SECTION 5. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1336 was passed by the House on May
6, 1997, by the following vote: Yeas 140, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1336 was passed by the Senate on May
22, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor