HBA-SEB C.S.H.B. 3355 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3355 By: Staples Juvenile Justice and Family Issues 4/28/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires a law enforcement officer who takes a child into custody to transport the child to the appropriate detention facility if the child is not released. If the detention facility is located in another county, however, the sheriff of the county where the child was taken into custody must transport the child. This transportation requirement may be a burden for a sheriff's department with few resources and a limited workforce. C.S.H.B. 3355 requires the law enforcement officer who takes the child into custody to transport the child unless the commissioners court of the county authorizes the sheriff to do so. 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), Family Code, to require a law enforcement officer who takes a child into custody, rather than the sheriff, to transport the child to the appropriate juvenile detention facility if the facility is located outside the county in which the child is taken into custody, unless the child is detained in a secure detention facility or is released to a parent, guardian, or custodian of the child. Requires the sheriff to transport the child if authorized by the commissioners court of the county. SECTION 2. Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by reinstating Section 52.026(b), Family Code, which would have been deleted in the original. The substitute then amends the section to require a law enforcement officer who takes a child into custody, rather than the sheriff, to transport the child to the appropriate juvenile detention facility if the facility is located outside the county in which the child is taken into custody. The substitute requires the sheriff to transport the child if so authorized by the commissioners court of the county. The original would have deleted the sheriff's duty to transport a child to such a juvenile detention facility altogether.