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                                                                  H.B. No. 798




AN ACT

relating to release of a child taken into protective custody by a 
law enforcement or juvenile probation officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 262, Family Code, is 
amended by adding Section 262.1041 to read as follows:
	Sec. 262.1041.  RELEASE OF CHILD BY LAW ENFORCEMENT OR 
JUVENILE PROBATION OFFICER.  (a)  A law enforcement or juvenile 
probation officer who takes possession of a child under this 
chapter may release the child to:
		(1)  a child-placing agency licensed by the Department 
of Family and Protective Services under Chapter 42, Human Resources 
Code, if the agency is authorized by the department to take 
possession of the child;
		(2)  the Department of Family and Protective Services; 
or            
		(3)  any other person authorized by law to take 
possession of the child.
	(b)  A child-placing agency or other authorized person who 
takes possession of a child under this section shall:
		(1)  immediately notify the Department of Family and 
Protective Services that the agency or other authorized person has 
taken possession of the child; and
		(2)  with the assistance of the law enforcement or 
juvenile probation officer who releases the child to the agency or 
other authorized person, complete a form prescribed by the 
Department of Family and Protective Services that contains basic 
information regarding the child and the circumstances under which 
the officer took possession of the child and promptly submit the 
completed form to the department.
	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.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 798 was passed by the House on April 
26, 2005, by the following vote:  Yeas 145, Nays 0, 1 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 798 was passed by the Senate on May 
24, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor