By Uher                                               H.B. No. 3266
         76R9299 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the duties of a sheriff or constable to transport
 1-3     certain persons to certain facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 52.026(b) and (c), Family Code, are
 1-6     amended to read as follows:
 1-7           (b)  [If the juvenile detention facility is located outside
 1-8     the county in which the child is taken into custody, it shall be
 1-9     the duty of the sheriff of that county to transport the child to
1-10     the appropriate juvenile detention facility unless the child is:]
1-11                 [(1)  detained in a secure detention facility under
1-12     Section 51.12(i); or]
1-13                 [(2)  released to the parent, guardian, or custodian of
1-14     the child.]
1-15           [(c)]  On adoption of an order by the juvenile board and
1-16     approval of the juvenile board's order by record vote of the
1-17     commissioners court, it shall be the duty of the sheriff of the
1-18     county in which the child is taken into custody to transport the
1-19     child to and from all scheduled juvenile court proceedings and
1-20     appearances and other activities ordered by the juvenile court.
1-21           SECTION 2.  Section 574.045(a), Health and Safety Code, is
1-22     amended to read as follows:
1-23           (a)  The court may authorize the transportation of a
1-24     committed patient to the designated mental health facility by:
 2-1                 (1)  a relative or other responsible person who has a
 2-2     proper interest in the patient's welfare and who receives no
 2-3     remuneration, except for actual and necessary expenses;
 2-4                 (2)  the facility administrator of the designated
 2-5     mental health facility, if the administrator notifies the court
 2-6     that facility personnel are available to transport the patient; or
 2-7                 (3)  a special officer for mental health assignment
 2-8     certified under Section 415.037, Government Code[; or]
 2-9                 [(4)  the sheriff or constable, if no person is
2-10     available under Subdivision (1), (2), or (3)].
2-11           SECTION 3.  The change in law made by Section 1 of this Act
2-12     applies only to a child taken into custody on or after the
2-13     effective date of this Act.
2-14           SECTION 4.  This Act takes effect September 1, 1999.
2-15           SECTION 5.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.