79R11352 JMM-D


By:  Morrison                                                     H.B. No. 2331

Substitute the following for H.B. No. 2331:                                   

By:  Eissler                                                  C.S.H.B. No. 2331



A BILL TO BE ENTITLED

AN ACT

relating to the emergency possession of certain abandoned children; 
providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 262.303, Family Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The department may not attempt to ascertain the identity 
of or locate the parent who voluntarily delivered the child to the 
designated emergency infant care provider.
	SECTION 2.  Subchapter D, Chapter 262, Family Code, is 
amended by adding Sections 262.308 and 262.309 to read as follows:
	Sec. 262.308.  CONFIDENTIALITY.  (a) All identifying 
information, documentation, or other records regarding a person who 
voluntarily delivers a child to a designated emergency infant care 
provider under this subchapter is confidential and not subject to 
release to any individual or entity except as provided by 
Subsection (b).
	(b)  Any pleading or other document filed with a court under 
this subchapter is confidential, is not public information for 
purposes of Chapter 552, Government Code, and may not be released to 
a person other than to a party in a suit regarding the child, the 
party's attorney, or an attorney ad litem or guardian ad litem 
appointed in the suit.
	(c)  In a suit concerning a child for whom the Department of 
Family and Protective Services assumes care, control, and custody 
under this subchapter, the court shall close the hearing to the 
public unless the court finds that the interests of the child or the 
public would be better served by opening the hearing to the public.
	(d)  Unless the disclosure, receipt, or use is permitted by 
this section, a person commits an offense if the person knowingly 
discloses, receives, uses, or permits the use of information 
derived from records or files described by this section or 
knowingly discloses identifying information concerning a person 
who voluntarily delivers a child to a designated emergency infant 
care provider.  An offense under this subsection is a Class B 
misdemeanor.
	Sec. 262.309.  SEARCH FOR RELATIVES NOT REQUIRED.  The 
Department of Family and Protective Services is not required to 
conduct a search for the relatives of a child for whom the 
department assumes care, control, and custody under this 
subchapter.
	SECTION 3.  Section 263.3025(d), Family Code, is repealed.                     
	SECTION 4.  The change in law made by this Act applies to a 
child for whom the Department of Family and Protective Services 
assumes responsibility under Subchapter D, Chapter 262, Family 
Code, as amended by this Act, regardless of whether the department 
assumed responsibility for the child before, on, or after the 
effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2005.