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.