86R15461 ADM-F
 
  By: Rose H.B. No. 3526
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of and training for certain officers and
  jailers regarding the child safety check alert list.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.272, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.272.  [LAW ENFORCEMENT] RESPONSE TO CHILD SAFETY
  CHECK ALERT. (a)  If an [a peace] officer locates a child or other
  person listed on the Texas Crime Information Center's child safety
  check alert list established under Section 261.3022, Family Code,
  the officer shall:
               (1)  immediately contact the Department of Family and
  Protective Services on the department's dedicated law-enforcement
  telephone number for statewide intake;
               (2)  request information from the department regarding
  the circumstances of the case involving the child or other person;
  and
               (3)  request information from the child and the other
  person regarding the child's safety, well-being, and current
  residence.
         (b)  The [peace] officer may temporarily detain the child or
  other person to ensure the safety and well-being of the child.
         (c)  If the [peace] officer determines that the
  circumstances described by Section 262.104, Family Code, exist, the
  officer may take temporary possession of the child without a court
  order as provided by Section 262.104, Family Code.  If the [peace]
  officer does not take temporary possession of the child, the
  officer shall obtain the child's current address and any other
  relevant information and report that information to the Department
  of Family and Protective Services.
         (d)  An [A peace] officer who locates a child or other person
  listed on the Texas Crime Information Center's child safety check
  alert list and who reports the child's or other person's current
  address and other relevant information to the Department of Family
  and Protective Services shall report to the Texas Crime Information
  Center that the child or other person has been located and to whom
  the child was released, as applicable.
         (e)  In this article, "officer" means:
               (1)  a peace officer;
               (2)  a parole officer, as defined by Section 508.001,
  Government Code;
               (3)  a juvenile probation officer, juvenile
  supervision officer, juvenile correctional officer, or juvenile
  parole officer;
               (4)  a supervision officer, as defined by Article
  42A.001; and
               (5)  a county jailer, as defined by Section 1701.001,
  Occupations Code.
         SECTION 2.  Section 261.3023, Family Code, is amended to
  read as follows:
         Sec. 261.3023.  [LAW ENFORCEMENT] RESPONSE TO CHILD SAFETY
  CHECK ALERT. If an [a law enforcement] officer, as defined by
  Article 2.272, Code of Criminal Procedure, encounters a child or
  other person listed on the Texas Crime Information Center's child
  safety check alert list, the [law enforcement] officer shall follow
  the procedures described by that article [Article 2.272, Code of
  Criminal Procedure].
         SECTION 3.  Sections 261.3024(a) and (b), Family Code, are
  amended to read as follows:
         (a)  An [A law enforcement] officer, as defined by Article
  2.272, Code of Criminal Procedure, who locates a child listed on the
  Texas Crime Information Center's child safety check alert list
  shall report that the child has been located in the manner
  prescribed by that article [Article 2.272, Code of Criminal
  Procedure].
         (b)  If the department locates a child who has been placed on
  the child safety check alert list established under Section
  261.3022 through a means other than information reported to the
  department by an [a law enforcement] officer under Article 2.272,
  Code of Criminal Procedure, the department shall report to the
  Texas Crime Information Center that the child has been located.
         SECTION 4.  Section 261.3025(b), Family Code, is amended to
  read as follows:
         (b)  The report must include the following information for
  the preceding calendar year:
               (1)  the number of peace [law enforcement] officers who
  completed the training program established under Section 1701.266,
  Occupations Code;
               (2)  the number of children who have been placed on the
  child safety check alert list and the number of those children who
  have been located; and
               (3)  the number of families who have been placed on the
  child safety check alert list and the number of those families who
  have been located.
         SECTION 5.  Section 76.005, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  To be eligible for appointment as an officer who
  supervises defendants placed on community supervision a person must
  complete a training course on the Texas Crime Information Center's
  child safety check alert list that is substantially similar to the
  education and training program established under Section 1701.266,
  Occupations Code.
         SECTION 6.  Subchapter D, Chapter 508, Government Code, is
  amended by adding Section 508.11411 to read as follows:
         Sec. 508.11411.  SPECIALIZED TRAINING; CHILD SAFETY CHECK
  ALERT LIST. The department shall develop and provide specialized
  training for parole officers on the Texas Crime Information
  Center's child safety check alert list. The training must be
  substantially similar to the education and training program
  established under Section 1701.266, Occupations Code.
         SECTION 7.  Subchapter A, Chapter 221, Human Resources Code,
  is amended by adding Section 221.0062 to read as follows:
         Sec. 221.0062.  CHILD SAFETY CHECK ALERT LIST TRAINING. The
  department shall provide training on the Texas Crime Information
  Center's child safety check alert list during the preservice
  training the department provides for juvenile probation officers,
  juvenile supervision officers, juvenile correctional officers, and
  juvenile parole officers. The training must be substantially
  similar to the education and training program established under
  Section 1701.266, Occupations Code.
         SECTION 8.  Section 1701.253, Occupations Code, is amended
  by adding Subsection (p) to read as follows:
         (p)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete the education and
  training program on the Texas Crime Information Center's child
  safety check alert list developed under Section 1701.266(a). An
  officer shall complete the program not later than the second
  anniversary of the date the officer is licensed under this chapter
  unless the officer completes the program as part of the officer's
  basic training course.
         SECTION 9.  Section 1701.266, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The commission by rule may require a county that
  appoints or employs a county jailer to provide the jailer with
  training that is substantially similar to the education and
  training program established under this section.
         SECTION 10.  Not later than December 31, 2019, the Texas
  Commission on Law Enforcement shall adopt the rules necessary to
  implement Section 1701.253(p), Occupations Code, as added by this
  Act, and Section 1701.266, Occupations Code, as amended by this
  Act.
         SECTION 11.  This Act takes effect September 1, 2019.