1-1     By:  Wise (Senate Sponsor - Zaffirini)                H.B. No. 1336

 1-2           (In the Senate - Received from the House May 7, 1997;

 1-3     May 8, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 15, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the emergency protection of children and to the

 1-9     inssuance of a legislative continuance in an action for a

1-10     protective order.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 262.101, Family Code, is amended to read

1-13     as follows:

1-14           Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF

1-15     CHILD.  A petition or affidavit filed by a governmental entity

1-16     requesting permission to take possession of a child in an emergency

1-17     shall be sworn to by a person with personal knowledge and shall

1-18     state facts sufficient to satisfy a person of ordinary prudence and

1-19     caution that:

1-20                 (1)  there is an immediate danger to the physical

1-21     health or safety of the child or the child has been a victim of

1-22     neglect or sexual abuse and that continuation in the home would be

1-23     contrary to the child's welfare; and

1-24                 (2)  there is no time, consistent with the physical

1-25     health or safety of the child, for an adversary hearing or to make

1-26     reasonable efforts to prevent or eliminate the need for the removal

1-27     of the child.

1-28           SECTION 2.  Section 262.102, Family Code, is amended by

1-29     adding Subsection (c) to read as follows:

1-30           (c)  If, based on the recommendation of or a request by the

1-31     department, the court finds that child abuse or neglect has

1-32     occurred and that the child requires protection from family

1-33     violence by a member of the child's family or household, the court

1-34     shall render a temporary order under Chapter 71 for the protection

1-35     of the child.  In this subsection, "family violence" has the

1-36     meaning assigned by Section 71.01.

1-37           SECTION 3.  Section 262.201(c), Family Code, is amended to

1-38     read as follows:

1-39           (c)  If the court finds sufficient evidence to satisfy a

1-40     person of ordinary prudence and caution that there is a continuing

1-41     danger to the physical health or safety of the child and for the

1-42     child to remain in the home is contrary to the welfare of the

1-43     child, the court shall issue an appropriate temporary order under

1-44     Chapter 105.  If the court finds that the child requires protection

1-45     from family violence by a member of the child's family or

1-46     household, the court shall render a protective order under Chapter

1-47     71 for the child.  In this subsection, "family violence" has the

1-48     meaning assigned by Section 71.01.

1-49           SECTION 4.  Section 71.09(a), Family Code, is amended to read

1-50     as follows:

1-51           (a)  Unless a later date is requested by the applicant, the

1-52     court, on the filing of an application, shall set a date and time

1-53     for the hearing on the application.  Except as provided by

1-54     Subsection (d) of this section, the date must not be later than 14

1-55     days after the date the application is filed.  If a proceeding for

1-56     which a legislative continuance is sought under Section 30.003,

1-57     Civil Practice and Remedies Code, includes an application for a

1-58     protective order authorized by this code, the continuance is

1-59     discretionary with the court.

1-60           SECTION 5.  The importance of this legislation and the

1-61     crowded condition of the calendars in both houses create an

1-62     emergency and an imperative public necessity that the

1-63     constitutional rule requiring bills to be read on three several

1-64     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.

 2-3                                  * * * * *