BILL ANALYSIS
By: Uresti
Juvenile Justice & Family Issues
BACKGROUND AND PURPOSE
Currently, Section 262.104 of the Texas Family Code authorizes law enforcement to take possession of a child without court order; however, the Texas Family Code does not authorize law enforcement to release a child they have taken possession of to anyone except the person entitled to possession of the child or the Texas Department of Family and Protective Services.
House Bill 798 amends the Texas Family Code to grant authority to law enforcement or a juvenile probation officer to release a child to a licensed non-profit agency that is under contract with the Department of Family and Protective Services and gives the child-placing agency as well as any other person authorized by law to take possession, the legal authority to take possession of the child from the police.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Section 1. Amends Subchapter B, Chapter 262, Family Code, by adding Section 262.1041 which authorizes a law enforcement or juvenile probation officer who takes possession of a child to release the child to a child-placing agency licensed by the Department of Protective and Regulatory Services under Chapter 42, Human Resources Code, if the agency is authorized by the department to take possession of the child; the Department of Family and Protective Services; or any other person authorized by law to take possession of the child.
Section 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
EFFECTIVE DATE
September 1, 2005.