SRC-CDH H.B. 1516 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1516
By: Thompson (Harris)
Health & Human Services
5-13-97
Engrossed


DIGEST 

Currently, the number of children abducted in this state is a serious
concern.  A 1990 U.S. Department of Justice report estimated that 354,100
children were abducted by parents and family members in the U.S. in 1988,
and abductions by strangers were estimated to account for at least 4,600
missing American children.  In 1988, nearly half of all parental abductors
took children across state lines, concealed them, or otherwise prevented
contact with the other parent.  The U.S. Department of State's Office of
Children's Issues has assisted with more than 7,000 international parental
abduction cases; and in January 1995 alone, there were 1,200 active,
unresolved international parental abduction cases.  During the 74th
Legislature, the House Judicial Affairs Committee studied parental
kidnapping and among the committee's recommendations was the creation of a
record flagging system for assisting law enforcement in the location of
missing children. H.B. 1516 creates a record keeping system, based upon
the American Bar Association's Model School Record Flagging Act.   

PURPOSE

As proposed, H.B. 1516 creates a record keeping system for assisting law
enforcement in the location of missing children. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 79.001, Human Resources Code, by adding
Subdivisions (11)-(13), to define "birth certificate agency," "bureau of
vital statistics," and "school."   

SECTION 2. Amends Chapter 79, Human Resources Code, by adding Sections
79.017-79.020, as follows: 

Sec. 79.017.  SCHOOL RECORDS SYSTEM.  Requires a school, on enrollment of
a child under 11 years of age in the school for the first time, to request
the name of each previous school attended by the child; request the
child's school records from each school; and notify the person enrolling
the student that the person must provide a certified copy of the child's
birth certificate or other reliable proof of the child's identity and age
and a signed statement explaining the person's inability to produce a copy
of the birth certificate by a certain date. Requires the school to notify
the appropriate law enforcement agency before a certain date if a person
enrolls a child under 11 years of age and does not comply with this
section. Requires the law enforcement agency, on receipt of notification,
to check the clearinghouse to determine if the child has been reported
missing, and if so, to notify other appropriate law enforcement agencies
that the missing child has been located.   

Sec. 79.018.  DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG MISSING
CHILDREN'S RECORDS.  Requires a law enforcement agency, upon receipt of a
report that a child under 11 years of age is missing,  to notify each
school and day care facility that the child attended or in which the child
was enrolled, as well as the bureau of vital statistics, if the child was
born in the state, that the child is missing.  Requires the bureau of
vital  statistics to notify the appropriate birth certificate agencies
that the child is missing upon receipt of a notice.  Sets forth the duties
of schools, day care facilities, and birth certificate agencies to flag
missing children's records upon receipt of notice concerning a child under
this section.  Requires the law enforcement agency to notify the
clearinghouse that the notification has been made.  Sets forth the duties
of a law enforcement agency to notify law enforcement or the missing and
exploited children clearinghouse in each appropriate state if a missing
child under 11 years of age, who was the subject of a missing child report
made in this state, was born or attended a school or licensed day care
facility in another state.   

Sec. 79.019.  SYSTEM FOR FLAGGING RECORDS.  Sets forth the system for
flagging records upon receipt of notification by a law enforcement agency
or the clearinghouse regarding a missing child under 11 years of age.   

Sec. 79.020.  REMOVAL OF FLAG FROM RECORDS.  Sets forth the procedures for
removing a flag from records on the return of a missing child under 11
years of age.   

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.