Bill Text: TX SB780 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to emergency possession of certain abandoned children by designated emergency infant care providers.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB780 Detail]
Download: Texas-2023-SB780-Enrolled.html
S.B. No. 780 |
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relating to emergency possession of certain abandoned children by | ||
designated emergency infant care providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.301, Family Code, is amended by | ||
amending Subdivision (1) and adding Subdivisions (3) and (4) to | ||
read as follows: | ||
(1) "Designated emergency infant care provider" | ||
means: | ||
(A) an emergency medical services provider; | ||
(B) a hospital; | ||
(C) a freestanding emergency medical care | ||
facility licensed under Chapter 254, Health and Safety Code; [ |
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(D) a child-placing agency licensed [ |
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Human Resources Code, that: | ||
(i) agrees to act as a designated emergency | ||
infant care provider under this subchapter; and | ||
(ii) has on staff a person who is licensed | ||
as a registered nurse under Chapter 301, Occupations Code, or who | ||
provides emergency medical services under Chapter 773, Health and | ||
Safety Code, and who will examine and provide emergency medical | ||
services to a child taken into possession by the agency under this | ||
subchapter; or | ||
(E) a fire department. | ||
(3) "Fire department" means a department of a local | ||
government that is organized to prevent or suppress fires and is | ||
staffed 24 hours a day by employees of the local government. | ||
(4) "Newborn safety device" means a device installed | ||
by a designated emergency infant care provider in compliance with | ||
Section 262.3025. | ||
SECTION 2. Section 262.302(a), Family Code, is amended to | ||
read as follows: | ||
(a) A designated emergency infant care provider shall, | ||
without a court order, take possession of a child who appears to be | ||
60 days old or younger if: | ||
(1) the child is voluntarily delivered to the provider | ||
by the child's parent by: | ||
(A) leaving the child with an employee of the | ||
provider; or | ||
(B) placing the child in a newborn safety device | ||
located inside the provider's facilities; and | ||
(2) the parent did not express an intent to return for | ||
the child. | ||
SECTION 3. Subchapter D, Chapter 262, Family Code, is | ||
amended by adding Section 262.3025 to read as follows: | ||
Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated | ||
emergency infant care provider may place a newborn safety device | ||
inside the provider's facilities to take possession of a child | ||
under Section 262.302. | ||
(b) A newborn safety device installed by a designated | ||
emergency infant care provider must: | ||
(1) be physically located: | ||
(A) inside a facility that is staffed 24 hours a | ||
day by employees of the provider; and | ||
(B) in an area conspicuous and visible to the | ||
employees of the provider; and | ||
(2) contain an alarm system connected to the device to | ||
audibly notify an employee of the provider that a child has been | ||
placed in the device. | ||
(c) A designated emergency infant care provider that places | ||
a newborn safety device in the provider's facilities shall develop | ||
procedures to regularly verify that the device's alarm system is in | ||
working order. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 780 passed the Senate on | ||
March 16, 2023, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 19, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 780 passed the House, with | ||
amendment, on May 16, 2023, by the following vote: Yeas 125, | ||
Nays 15, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |