By West                                                S.B. No. 478
         77R2833 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a child suspected of conduct that violates a penal law
 1-3     who is taken into possession in an emergency without a court order
 1-4     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 (f) to read  as follows:
2-12           (f)  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.  (a)  This Act takes effect immediately if it
2-16     receives a vote of two-thirds of all the members elected to each
2-17     house, as provided by Section 39, Article III, Texas Constitution.
2-18     If this Act does not receive the vote necessary for immediate
2-19     effect, this Act takes effect September 1, 2001.
2-20           (b)  This Act applies only to a child taken into possession
2-21     in an emergency without a court order by the Department of
2-22     Protective and Regulatory Services on or after the effective date
2-23     of this Act.