Office of House Bill AnalysisC.S.H.B. 3250
By: Allen
Committee Report (Substituted)


A number of youth incarcerated with the Texas Youth Commission (commission)
have children of their own.  The infants of young women who give birth
while incarcerated are removed from their mothers and placed in the care of
a guardian or relative to await their mother's release.  C.S.H.B. 3250
authorizes the commission to establish a parenting program.  This bill also
authorizes the commission to permit a mother to keep her baby with her for
up to 36 months following birth.  This bill limits the commission's
responsibility for the care of the infant, and allows the commission to
withdraw its permission to allow the mother's possession of the infant at
any time. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Subchapter E, Chapter 61, Human Resources Code, by
adding Section 61.0762, as follows: 

Sec. 61.0762.  INFANT CARE AND PARENTING PROGRAM.  Authorizes the Texas
Youth Commission (commission) to establish an infant care and parenting
program for children who are parents.  Authorizes the commission to permit
a child who is the mother of an infant younger than 36 months to have
possession of her infant if: 

_ the infant's father, another relative, or guardian agrees before the
infant is placed with the infant's mother, to assume possession of the
infant upon commission notification, 

_the infant's parents and any other person having a duty to support are
aware that the commission does not assume responsibility for the infant's
care beyond the responsibility of care that is ordinarily due the infant's

_ the infant's parents and any other person having a duty of support agree
to indemnify and hold the commission harmless for any claims that may be
made against the commission for the infant's support, including medical
support, and 

_and the commission determines that the placement is in the best interest
of both the child and her infant. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.


C.S.H.B. 3250 modifies the original bill in SECTION 1 (proposed Section
61.0762 (b)) by including an additional condition on the authority of the
commission to allow a mother to have possession of her infant, which
requires that the infant's parent's and any other person having a duty of
support agree to indemnity and hold the commission harmless with respect to
any claims for support. This  substitute also modifies the original by
making nonsubstantive changes. 

C.S.H.B. 3250 modifies the original by using a short, rather than long,
emergency clause in SECTION 3.