HBA-NIK H.B. 3250 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3250
By: Allen
Corrections
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

A number of youth incarcerated in the Texas Youth Commission (TYC) have
children of their own. The infants of young women who give birth while
incarcerated are removed from their mothers and placed in the care of a
guardian or relative to await their mother's release.  H.B. 3250 authorizes
the TYC to establish parenting programs.  This bill also authorizes TYC to
permit a mother to keep her baby with her for up to 36 months following
birth.  This bill limits TYC's responsibility for the care of the infant,
and allows TYC to withdraw its permission to allow the mother's possession
of the infant at any time. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 61, Human Resources Code, by
adding Section 61.0762, as follows: 

Sec. 61.0762.  INFANT CARE AND PARENTING PROGRAM.  Authorizes the Texas
Youth Commission (commission) to establish infant care and parenting
programs for children who are parents.  Authorizes the commission to permit
a child who is the mother of an infant younger than 36 months to have
possession of her infant if the infant's guardian agrees in advance of the
infant's placement with the infant's mother, the infant's parents are aware
that the commission assumes no responsibility for the infant's care beyond
the responsibility of care that is ordinarily due the infant, and the
commission determines that the placement is in the best interest of both
the child and her infant. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.