HBA-SEB H.B. 3266 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3266 By: Uher Juvenile Justice and Family Issues 4/7/1999 Introduced BACKGROUND AND PURPOSE Current law requires the sheriff of a county to transport a juvenile to a juvenile detention facility in another county if the sheriff's county does not have such a facility, unless the child is released to the child's parent, guardian, or custodian. Similarly, a sheriff or constable is required to transport a committed patient to a mental health facility if no other authorized person is available. These requirements may burden sheriffs' departments, especially in small communities with few officers and resources. H.B. 3266 removes those two transportation requirements from a sheriff. The arresting officer of a juvenile is responsible for the child's transportation to a juvenile detention facility in another county while a relative, administrator of a mental health facility, or special officer for a mental health assignment is responsible for transporting a committed patient to a mental health facility. 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 Sections 52.026(b) and (c), Family Code, by deleting existing Subsection (b) and redesignating Subsection (c) to (b). The deleted text requires the sheriff of a county to transport a child to an appropriate juvenile detention facility outside the county unless the child is detained in a secure juvenile detention facility or is released to the parent, guardian, or custodian of the child. SECTION 2. Amends Section 574.045(a), Health and Safety Code, to delete a provision authorizing a court to allow a sheriff or constable to transport a committed patient to a mental facility if no other authorized person is available. SECTION 3. Makes application of SECTION 1 of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.