By Turner of Harris H.B. No. 1736 76R5761 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a child suspected of conduct that violates the penal 1-3 law who is taken into possession in an emergency without a court 1-4 order by the Department of Protective and Regulatory Services. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 262, Family Code, is 1-7 amended by adding Section 262.1045 to read as follows: 1-8 Sec. 262.1045. CHILD SUSPECTED OF CONDUCT THAT VIOLATES 1-9 PENAL LAW. (a) This section applies only to a child taken into 1-10 possession in an emergency without a court order by the Department 1-11 of Protective and Regulatory Services. 1-12 (b) The Department of Protective and Regulatory Services may 1-13 not request a law enforcement agency to take possession of a child 1-14 to whom this section applies unless: 1-15 (1) the department has notified the parent, managing 1-16 conservator, or guardian of the child that the department: 1-17 (A) is in possession of the child; 1-18 (B) suspects that the child has engaged in 1-19 behavior that violates a penal law of this state; and 1-20 (C) intends to allow a law enforcement agency to 1-21 take possession of the child; 1-22 (2) the parent, managing conservator, or guardian 1-23 agrees to allow the law enforcement agency to take possession of 1-24 the child; and 2-1 (3) the department obtains the signature or other 2-2 demonstrable proof of the agreement of the parent, managing 2-3 conservator, or guardian. 2-4 (c) A statement of a child to whom this section applies is 2-5 admissible in evidence in a future proceeding concerning the matter 2-6 about which the statement is given only if the child and the 2-7 attorney for the child waive the child's relevant rights in 2-8 accordance with Section 51.09. Section 51.095 does not apply to a 2-9 child to whom this section applies. 2-10 SECTION 2. Section 51.095, Family Code, is amended by adding 2-11 Subsection (d) to read as follows: 2-12 (d) This section does not apply to a child taken into 2-13 possession in an emergency without a court order by the Department 2-14 of Protective and Regulatory Services. 2-15 SECTION 3. This Act applies only to a child taken into 2-16 possession in an emergency without a court order by the Department 2-17 of Protective and Regulatory Services on or after the effective 2-18 date of this Act. 2-19 SECTION 4. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted.