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.