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  H.B. No. 776
 
AN ACT
relating to the delivery of a child taken into custody under the
juvenile justice system to a school official.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 52.02(a), Family Code, is amended to
read as follows:
       (a)  Except as provided by Subsection (c), a person taking a
child into custody, without unnecessary delay and without first
taking the child to any place other than a juvenile processing
office designated under Section 52.025, shall do one of the
following:
             (1)  release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
             (2)  bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
             (3)  bring the child to a detention facility designated
by the juvenile board;
             (4)  bring the child to a secure detention facility as
provided by Section 51.12(j);
             (5)  bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment; [or]
             (6)  dispose of the case under Section 52.03; or
             (7)  if school is in session and the child is a student,
bring the child to the school campus to which the child is assigned
if the principal, the principal's designee, or a peace officer
assigned to the campus agrees to assume responsibility for the
child for the remainder of the school day.
       SECTION 2. Section 52.026(a), Family Code, is amended to
read as follows:
       (a)  It shall be the duty of the law enforcement officer who
has taken a child into custody to transport the child to the
appropriate detention facility or to the school campus to which the
child is assigned as provided by Section 52.02(a)(7) if the child is
not released to the parent, guardian, or custodian of the child.
       SECTION 3.  This Act takes effect September 1, 2007.
____________________________________________________________
   President of the SenateSpeaker of the House      
       I certify that H.B. No. 776 was passed by the House on April
4, 2007, by the following vote:  Yeas 142, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 776 on May 17, 2007, by the following vote:  Yeas 144, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House   
       I certify that H.B. No. 776 was passed by the Senate, with
       I certify that H.B. No. 776 was passed by the Senate, with
amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
0.
______________________________
Secretary of the Senate   
APPROVED: __________________
APPROVED: __________________
                Date       
 
 
         __________________
              Governor