HBA-JRA, SEB H.B. 3355 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3355
By: Staples
Juvenile Justice and Family Issues
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law required a law enforcement officer
who took a child into custody to transport the child to the appropriate
detention facility if the child was not released.  If the detention
facility is located in another county, however, the sheriff of the county
where the child was taken into custody was responsible for transporting the
child. This transportation requirement could 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. 

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), Family Code, to require a law
enforcement officer who takes a child into custody, rather than the
sheriff, 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.