SRC-ARR H.B. 3423 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3423
76R11931 KLA-FBy: Morrison (Nelson)
Health Services
5/10/1999
Engrossed


DIGEST 

Current law does not authorize a provider of emergency medical services to
take possession of an unwanted baby. If a parent of an unwanted baby left
the baby at an emergency medical facility, the baby could receive any
necessary medical attention and could then be turned over to the Department
of Protective and Regulatory Services for the next steps. H.B. 3423 would
set forth requirements for emergency possession of and termination of the
parent-child relationship of certain abandoned children.  

PURPOSE

As proposed, H.B. 3423 sets forth requirements for emergency possession of
and termination of the parent-child relationship of certain abandoned
children.  

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 Section 161.001, Family Code, to authorize a court to
order termination of the parent-child relationship if the court finds by
clear and convincing evidence that the parent has been the cause of the
child being born addicted to alcohol or a controlled substance, other than
a controlled substance legally obtained by prescription, as defined by
Section 261.001 or voluntarily delivered the child to emergency medical
services provided under Section 262.301 without expressing an intent to
return for the child, rather than Section 261.001(7).  

SECTION 2. Amends Chapter 262D, Family Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN.

Sec. 262.301. ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN. Requires
an emergency medical services provider licensed under Chapter 773, Health
and Safety Code, without a court order, to take possession of a child who
is 30 days old or younger if the child is voluntarily delivered to the
provider by the child's parent and the parent did not express an intent to
return for the child. Requires an emergency medical services provider who
takes possession of a child under this section to perform any act necessary
to protect the physical health or safety of the child.  

Sec. 262.302. NOTIFICATION OF POSSESSION OF ABANDONED CHILD. Requires the
provider to notify the Department of Protective and Regulatory Services
(DPRS) that the provider has taken possession of the child, not later than
a certain date. Require DPRS to assume the care, control, and custody of
the child immediately on receipt of notice under Subsection (a). 

Sec. 262.303. FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED
CHILD. Requires a child for whom the DPRS assumes care, control, and
custody under Section 262.302, to be treated as a child taken into
possession without a court order, and the DPRS to take action as required
by Section 262.105 with regard to the child.  

SECTION 3. Amends Section 22.041, Penal Code, by adding Subsection (h), to
provide that it is an affirmative defense to prosecution under Subsection
(b) that the actor voluntarily delivered the child to  an emergency medical
services provider under Section 262.301, Family Code. 

SECTION 4. Makes the change in law made by Section 161.001, Family Code,
prospective. 

SECTION 5. Makes the change in law made by Section 22.041(h), Penal Code,
prospective.  

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.