SRC-AXB H.B. 3355 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3355
76R13532  DAK-DBy: Staples (Duncan)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Current law requires a law enforcement officer who takes a child into
custody to transport the child to the appropriate detention facility if the
child is not released. If the detention facility is located in another
county, however, the sheriff of the county where the child was taken into
custody must transport the child. This transportation requirement may be a
burden for a sheriff's department with few resources and a limited
workforce. H.B. 3355 requires the law enforcement officer who takes the
child into custody to transport the child unless the commissioners court of
the county authorizes the sheriff to do so. 

PURPOSE

As proposed, H.B. 3355 requires the law enforcement officer who takes the
child into custody to transport the child unless the commissioners court of
the county authorizes the sheriff to do so. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 52.026(b), Family Code, to require a law
enforcement officer who takes a child into custody to transport the child
to the appropriate juvenile detention facility if the facility is located
outside the county in which the child is taken into custody, unless the
child is detained in a secure detention facility or is released to a
parent, guardian, or custodian of the child. Requires the sheriff to
transport the child if authorized by the commissioners court of the county.

SECTION 2. Makes application of this Act prospective.

SECTION 3.Emergency clause. 
  Effective date: upon passage.