HBA-SEB H.B. 3266 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3266
By: Uher
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the sheriff of a county to transport a juvenile to a
juvenile detention facility in another county if the sheriff's county does
not have such a facility, unless the child is released to the child's
parent, guardian, or custodian.  Similarly, a sheriff or constable is
required to transport a committed patient to a mental health facility if no
other authorized person is available.  These requirements may burden
sheriffs' departments, especially in small communities with few officers
and resources.  

H.B. 3266 removes those two transportation requirements from a sheriff.
The arresting officer of a juvenile is responsible for the child's
transportation to a juvenile detention facility in another county while a
relative, administrator of a mental health facility, or special officer for
a mental health assignment is responsible for transporting a committed
patient to a mental health facility.     

RULEMAKING AUTHORITY

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 BY SECTION ANALYSIS

SECTION 1.  Amends Sections 52.026(b) and (c), Family Code, by deleting
existing Subsection (b) and redesignating Subsection (c) to (b).  The
deleted text requires the sheriff of a county to transport a child to an
appropriate juvenile detention facility outside the county unless the child
is detained in a secure juvenile detention facility or is released to the
parent, guardian, or custodian of the child.  
SECTION 2.  Amends Section 574.045(a), Health and Safety Code, to delete a
provision authorizing a court to allow a sheriff or constable to transport
a committed patient to a mental facility if no other authorized person is
available.   

SECTION 3.  Makes application of SECTION 1 of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.