Texas 2023 - 88th Regular

Texas Senate Bill SB780 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 780
2	2
3	3
4	4	AN ACT
5	5	relating to emergency possession of certain abandoned children by
6	6	designated emergency infant care providers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 262.301, Family Code, is amended by
9	9	amending Subdivision (1) and adding Subdivisions (3) and (4) to
10	10	read as follows:
11	11	(1) "Designated emergency infant care provider"
12	12	means:
13	13	(A) an emergency medical services provider;
14	14	(B) a hospital;
15	15	(C) a freestanding emergency medical care
16	16	facility licensed under Chapter 254, Health and Safety Code; [or]
17	17	(D) a child-placing agency licensed [by the
18	18	Department of Family and Protective Services] under Chapter 42,
19	19	Human Resources Code, that:
20	20	(i) agrees to act as a designated emergency
21	21	infant care provider under this subchapter; and
22	22	(ii) has on staff a person who is licensed
23	23	as a registered nurse under Chapter 301, Occupations Code, or who
24	24	provides emergency medical services under Chapter 773, Health and
25	25	Safety Code, and who will examine and provide emergency medical
26	26	services to a child taken into possession by the agency under this
27	27	subchapter; or
28	28	(E) a fire department.
29	29	(3) "Fire department" means a department of a local
30	30	government that is organized to prevent or suppress fires and is
31	31	staffed 24 hours a day by employees of the local government.
32	32	(4) "Newborn safety device" means a device installed
33	33	by a designated emergency infant care provider in compliance with
34	34	Section 262.3025.
35	35	SECTION 2. Section 262.302(a), Family Code, is amended to
36	36	read as follows:
37	37	(a) A designated emergency infant care provider shall,
38	38	without a court order, take possession of a child who appears to be
39	39	60 days old or younger if:
40	40	(1) the child is voluntarily delivered to the provider
41	41	by the child's parent by:
42	42	(A) leaving the child with an employee of the
43	43	provider; or
44	44	(B) placing the child in a newborn safety device
45	45	located inside the provider's facilities; and
46	46	(2) the parent did not express an intent to return for
47	47	the child.
48	48	SECTION 3. Subchapter D, Chapter 262, Family Code, is
49	49	amended by adding Section 262.3025 to read as follows:
50	50	Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated
51	51	emergency infant care provider may place a newborn safety device
52	52	inside the provider's facilities to take possession of a child
53	53	under Section 262.302.
54	54	(b) A newborn safety device installed by a designated
55	55	emergency infant care provider must:
56	56	(1) be physically located:
57	57	(A) inside a facility that is staffed 24 hours a
58	58	day by employees of the provider; and
59	59	(B) in an area conspicuous and visible to the
60	60	employees of the provider; and
61	61	(2) contain an alarm system connected to the device to
62	62	audibly notify an employee of the provider that a child has been
63	63	placed in the device.
64	64	(c) A designated emergency infant care provider that places
65	65	a newborn safety device in the provider's facilities shall develop
66	66	procedures to regularly verify that the device's alarm system is in
67	67	working order.
68	68	SECTION 4. This Act takes effect September 1, 2023.
69	69	______________________________ ______________________________
70	70	President of the Senate Speaker of the House
71	71	I hereby certify that S.B. No. 780 passed the Senate on
72	72	March 16, 2023, by the following vote: Yeas 30, Nays 0; and that
73	73	the Senate concurred in House amendment on May 19, 2023, by the
74	74	following vote: Yeas 31, Nays 0.
75	75	______________________________
76	76	Secretary of the Senate
77	77	I hereby certify that S.B. No. 780 passed the House, with
78	78	amendment, on May 16, 2023, by the following vote: Yeas 125,
79	79	Nays 15, one present not voting.
80	80	______________________________
81	81	Chief Clerk of the House
82	82	Approved:
83	83	______________________________
84	84	Date
85	85	______________________________
86	86	Governor