PMWJ H.B. 1516 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1516
By: Thompson
4-2-97
Committee Report (Amended)



BACKGROUND 

 How many missing children are abducted is not definitely known, but most
children who are abducted are under the age of 12.  A 1990 US Department
of Justice report estimated that 354,100 children were abducted by parents
and family members in the United States in 1988.  Abductions by strangers
were estimated to account for at least 4600 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 US Department of State's Office of Children's Issues has
assisted with more than 7000 international parental abduction cases; there
were 1200 active, unresolved international parental abduction cases alone
in January 1995.   
 During the 74th Legislature, the House Judicial Affairs Committee studied
parental kidnapping and among their recommendations was the creation of  a
record flagging system for assisting law enforcement in the location of
missing children. 


PURPOSE

 The purpose of this bill is to create a record flagging system for
assisting law enforcement in the location of missing children.  This
legislation is based upon the American Bar Association's Model School
Records Flagging Act. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 79.001, Human Resources Code, by adding
Subdivisions (11) which defines "Birth Certificate Agency", (12) which
defines "Bureau of vital statistics" and (13) which defines "School." 

 SECTION 2 amends Chapter 79, Human Resources Code, by adding Sections
79.017-79.020 as follows: 
 Sec. 79.017. SCHOOL RECORDS SYSTEM. 
 Subsec. (a) provides that on enrollment of a child under the age of 11 in
a school for the first time, the school shall request from the person
enrolling the child the name of each school the child has attended.  The
school must then request from each school the child has attended the
child's school records.  In addition, the school must notify the person
enrolling the child that, within 30 days (90 days if the child was born
outside the United States), the person must provide (1) a certified copy
of the child's birth certificate or (2) 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 child's birth certificate. 
 Subsec. (b) provides that if a person enrolls a child under the age of 11
in a school and does not provide the information as required by this
section that the school shall notify the appropriate law enforcement
agency.  Subsec. (b) further provides that, on receipt of the
notification, the law enforcement agency shall check the clearinghouse to
determine if the child has been reported missing. If the child has been
reported missing the law enforcement agency shall immediately 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.  
 Subsec. (a) provides that, when a report that a child under the age of 11
is missing is received by a  law enforcement agency, that the agency shall
notify each school or day care facility the child has 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. 
 Subsec. (b) requires the bureau of vital statistics, upon receipt of
notice that a child under age 11 is missing, to notify the appropriate
municipal or county birth certificate agency that the child is missing. 
 Subsec. (c) requires a school, day care facility or birth certificate
agency to flag the child's records upon receipt of notice that the child
is missing. 
 Subsec. (d) provides that the law enforcement agency shall notify the
clearinghouse that the notification  under this section has been made. The
clearinghouse shall notify the school, day care facility, or birth
certificate agency that the child is missing if the clearinghouse
determines the notification was not provided by the law enforcement
agency. 
 Subsec. (e) provides that if a missing child under the age of 11, who was
the subject of a missing child report made in this state, was born in or
attended a school or licensed day care facility in another state, the law
enforcement agency shall notify law enforcement agencies or the missing
and exploited children's clearinghouse in each appropriate state regarding
the missing child and request that appropriate records be flagged. 
 Sec. 79.019. SYSTEM FOR FLAGGING RECORDS. 
 Subsec. (a) provides that, on receipt of notification of a missing child
under 11 years of age, a school, day care facility, or birth certificate
agency shall maintain the child's records in its possession so it may
report a request for the flagged record.  
 Subsec. (b) prohibits a school, day care facility, or agency from
advising a requesting party that the request for a child's records concern
a missing child.  When a request for a flagged record is made, the school,
day care facility, or agency must require the person requesting the
flagged record  
(1)  to complete a form stating the requesting person's name, address,
telephone number, and relationship to the child, and the child's name,
address and birth date; 
(2)  obtain a copy of the requester's driver's license or a photo
identification, if possible; 
(3)  inform the requesting party that a copy of a birth certificate will
be sent by mail, if the request is for a birth certificate; 
(4)  immediately notify the appropriate law enforcement agency that a
request for a flagged record has been made, including identifying
information on the requesting party. 
 Subsec. (c) provides that a school, day care facility, or agency may mail
copies of the requested flagged records on or after the 21st day the
request is made. 
 Subsec. (d) provides that when a request for a flagged record is made in
writing, the school, day care facility, or agency shall immediately notify
the appropriate law enforcement agency that a request for a flagged record
has been made and provide a copy of the written request.  Subsec. (d) also
repeats the provisions of Subsec. (c) that a school, day care facility, or
agency may mail copies of the requested flagged records on or after the
21st day the written request is made.     
 Sec. 79.020. REMOVAL OF FLAG FROM RECORDS. 
 Subsec. (a) provides that on the return of the missing child under the
age of 11, the law enforcement agency shall notify each school or day care
facility that has maintained flagged records for the child and the bureau
of vital statistics that the child is no longer missing.  Subsec. (a) also
requires that (1) the law enforcement agency shall notify the
clearinghouse that the notification  under this section has been made and
(2) the bureau of vital statistics shall notify each appropriate municipal
or county birth certificate agency.  If the clearinghouse determines that
notification was not provided by the law enforcement agency, it shall
notify the school, day care facility, or bureau of vital statistics that
the child is no longer missing. 
  Subsec. (b) provides that on notification that a missing child has been
recovered, the school, day care facility, or birth certificate agency that
has maintained flagged records shall remove the flag. 
 Subsec. (c) provides that a school, day care facility, or birth
certificate agency that has reason to believe a missing child has been
recovered may request confirmation that a missing child has been recovered
and if a response is not received after 45 days, it may remove the flag
and shall send notification that the flag has been removed. 

 SECTION 3.  Effective date.

 SECTION 4.  Emergency clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 changes the definition of "school" in Section 1
of the bill to clarify the exclusion of home schools and to narrow the
definition of school to primary schools. 
 Committee Amendment No. 2 repeats new Sec. 79.019(b) in Sec. 79.019(d) to
clarify that a school, day care facility or agency may not reveal to the
person requesting a child's records that the records concern a missing
child. 
 Committee Amendment No. 3 adds a new Section 2 to the bill and renumbers
subsequent sections.  New Section 2 adds a new Subsec. (d) to Section
79.005 of the Human Resources Code and amends current Subsec. (b). 
 Subsec. (b) changes "Central Education Agency" to "Texas Education
Agency" and requires the Missing Persons Clearinghouse at the Department
of Public Safety to notify school districts, open-enrollment charter
schools, private schools and licensed child care facilities, in addition
to TEA, about missing children who may be located in the school system. 
 New Subsec. (d) requires the clearinghouse to provide the bureau of vital
statistics with information about missing children.