75R9110 JMM-F                           

         By Wise                                               H.B. No. 1336

         Substitute the following for H.B. No. 1336:

         By Smith                                          C.S.H.B. No. 1336

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the emergency protection of children.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 262.101, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF

 1-7     CHILD.  A petition or affidavit filed by a governmental entity

 1-8     requesting permission to take possession of a child in an emergency

 1-9     shall be sworn to by a person with personal knowledge and shall

1-10     state facts sufficient to satisfy a person of ordinary prudence and

1-11     caution that:

1-12                 (1)  there is an immediate danger to the physical

1-13     health or safety of the child or the child has been a victim of

1-14     neglect or sexual abuse and that continuation in the home would be

1-15     contrary to the child's welfare; and

1-16                 (2)  there is no time, consistent with the physical

1-17     health or safety of the child, for an adversary hearing or to make

1-18     reasonable efforts to prevent or eliminate the need for the removal

1-19     of the child.

1-20           SECTION 2.  Section 262.102, Family Code, is amended by

1-21     adding Subsection (c) to read as follows:

1-22           (c)  If, based on the recommendation of or a request by the

1-23     department, the court finds that child abuse or neglect has

1-24     occurred and that the child requires protection from family

 2-1     violence by a member of the child's family or household, the court

 2-2     shall render a temporary order under Chapter 71 for the protection

 2-3     of the child.  In this subsection, "family violence" has the

 2-4     meaning assigned by Section 71.01.

 2-5           SECTION 3.  Section 262.201(c), Family Code, is amended to

 2-6     read as follows:

 2-7           (c)  If the court finds sufficient evidence to satisfy a

 2-8     person of ordinary prudence and caution that there is a continuing

 2-9     danger to the physical health or safety of the child and for the

2-10     child to remain in the home is contrary to the welfare of the

2-11     child, the court shall issue an appropriate temporary order under

2-12     Chapter 105.  If the court finds that the child requires protection

2-13     from family violence by a member of the child's family or

2-14     household, the court shall render a protective order under Chapter

2-15     71 for the child.  In this subsection, "family violence" has the

2-16     meaning assigned by Section 71.01.

2-17           SECTION 4.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.