Texas 2023 - 88th Regular

Texas House Bill HB2010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9301 AMF-D
2	2	By: Hefner H.B. No. 2010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency possession of certain abandoned children by
8	8	designated emergency infant care providers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 262.301, Family Code, is amended by
11	11	amending Subdivision (1) and adding Subdivisions (3), (4), and (5)
12	12	to read as follows:
13	13	(1) "Designated emergency infant care provider"
14	14	means:
15	15	(A) an emergency medical services provider;
16	16	(B) a hospital;
17	17	(C) a freestanding emergency medical care
18	18	facility licensed under Chapter 254, Health and Safety Code; [or]
19	19	(D) a child-placing agency licensed [by the
20	20	Department of Family and Protective Services] under Chapter 42,
21	21	Human Resources Code, that:
22	22	(i) agrees to act as a designated emergency
23	23	infant care provider under this subchapter; and
24	24	(ii) has on staff a person who is licensed
25	25	as a registered nurse under Chapter 301, Occupations Code, or who
26	26	provides emergency medical services under Chapter 773, Health and
27	27	Safety Code, and who will examine and provide emergency medical
28	28	services to a child taken into possession by the agency under this
29	29	subchapter;
30	30	(E) a fire department; or
31	31	(F) a law enforcement agency.
32	32	(3) "Fire department" means a department of a local
33	33	government that is organized to prevent or suppress fires and is
34	34	staffed 24 hours a day by employees of the local government.
35	35	(4) "Law enforcement agency" means an office,
36	36	department, or other division of a county or municipality in this
37	37	state that is staffed 24 hours a day by peace officers licensed
38	38	under Chapter 1701, Occupations Code.
39	39	(5) "Newborn safety device" means a device installed
40	40	by a designated emergency infant care provider in compliance with
41	41	Section 262.3025.
42	42	SECTION 2. Section 262.302(a), Family Code, is amended to
43	43	read as follows:
44	44	(a) A designated emergency infant care provider shall,
45	45	without a court order, take possession of a child who appears to be
46	46	60 days old or younger if:
47	47	(1) the child is voluntarily delivered to the provider
48	48	by the child's parent by:
49	49	(A) leaving the child with an employee of the
50	50	provider; or
51	51	(B) placing the child in a newborn safety device
52	52	located inside the provider's facilities; and
53	53	(2) the parent did not express an intent to return for
54	54	the child.
55	55	SECTION 3. Subchapter D, Chapter 262, Family Code, is
56	56	amended by adding Section 262.3025 to read as follows:
57	57	Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated
58	58	emergency infant care provider may place a newborn safety device
59	59	inside the provider's facilities to take possession of a child
60	60	under Section 262.302.
61	61	(b) A newborn safety device installed by a designated
62	62	emergency infant care provider must:
63	63	(1) be physically located:
64	64	(A) inside a facility that is staffed 24 hours a
65	65	day by employees of the provider; and
66	66	(B) in an area conspicuous and visible to the
67	67	employees of the provider; and
68	68	(2) contain an alarm system connected to the device to
69	69	audibly notify an employee of the provider that a child has been
70	70	placed in the device.
71	71	(c) A designated emergency infant care provider that places
72	72	a newborn safety device in the provider's facilities shall develop
73	73	procedures to regularly verify that the device's alarm system is in
74	74	working order.
75	75	SECTION 4. This Act takes effect September 1, 2023.