By Thompson H.B. No. 316
75R1282 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a record keeping system for assisting
1-3 law enforcement in the location of missing children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 79.001, Human Resources Code, is amended
1-6 by adding Subdivisions (11) and (12) to read as follows:
1-7 (11) "Birth certificate agency" means a county
1-8 official that records and maintains birth certificates and the
1-9 bureau of vital statistics.
1-10 (12) "School" means a public or private primary or
1-11 secondary school, including a home school.
1-12 SECTION 2. Chapter 79, Human Resources Code, is amended by
1-13 adding Sections 79.017-79.021 to read as follows:
1-14 Sec. 79.017. SCHOOL RECORDS SYSTEM. (a) On enrollment of a
1-15 child in a school for the first time at the school, the school
1-16 shall:
1-17 (1) request from the person enrolling the child the
1-18 name of each previous school attended by the child;
1-19 (2) request from each school identified in Subdivision
1-20 (1), the school records for the child and, if the person enrolling
1-21 the child provides copies of previous school records, request
1-22 verification from the school of the child's name, address, birth
1-23 date, and grades and dates attended; and
1-24 (3) notify the person enrolling the student that not
2-1 later than the 30th day after enrollment, or the 90th day if the
2-2 child was not born in the United States, the person must provide:
2-3 (A) a certified copy of the child's birth
2-4 certificate; or
2-5 (B) other reliable proof of the child's identity
2-6 and age and a signed statement explaining the person's inability to
2-7 produce a copy of the child's birth certificate.
2-8 (b) A parent or guardian of a child who is being educated in
2-9 a home school shall provide to the Texas Education Agency not later
2-10 than October 1 of the first year of the child's attendance at the
2-11 home school:
2-12 (1) a certified copy of the child's birth certificate;
2-13 or
2-14 (2) other reliable proof of the child's identity and
2-15 age and a signed statement explaining the person's inability to
2-16 produce a certified copy of the child's birth certificate.
2-17 (c) If a person enrolls a child in school and does not
2-18 provide the valid prior school information or documentation
2-19 required by this section, the school or the Texas Education Agency,
2-20 as appropriate, shall notify the appropriate law enforcement agency
2-21 before the 31st day after the person fails to comply with this
2-22 section. On receipt of notification, the law enforcement agency
2-23 shall immediately check the clearinghouse to determine if the child
2-24 has been reported missing. If the child has been reported missing,
2-25 the law enforcement agency shall immediately notify law enforcement
2-26 agencies in other states that the missing child has been located.
2-27 Sec. 79.018. DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG
3-1 MISSING CHILDREN'S RECORDS. (a) When a report that a child is
3-2 missing is received by a law enforcement agency, the agency shall
3-3 immediately notify each school and day care facility that the child
3-4 attended or in which the child was enrolled as well as each birth
3-5 certificate agency, if the child was born in the state, that the
3-6 child is missing.
3-7 (b) A school, day care facility, or birth certificate agency
3-8 that receives notice concerning a child under this section shall
3-9 flag the child's records that are maintained by the school,
3-10 facility, or agency.
3-11 (c) The law enforcement agency shall notify the
3-12 clearinghouse that the notification required under this section has
3-13 been made. The clearinghouse shall provide the notice required
3-14 under this section if the clearinghouse determines that the
3-15 notification has not been made by the law enforcement agency.
3-16 (d) If a missing child, who was the subject of a missing
3-17 child report made in this state, was born in or attended a school
3-18 or licensed day care facility in another state, the law enforcement
3-19 agency shall notify law enforcement or the missing and exploited
3-20 children clearinghouse in each appropriate state regarding the
3-21 missing child and request the law enforcement agency or
3-22 clearinghouse to contact the state and county agencies maintaining
3-23 birth certificates and each school or licensed day care facility
3-24 the missing child attended to flag the missing child's records.
3-25 Sec. 79.019. SYSTEM FOR FLAGGING RECORDS. (a) On receipt
3-26 of notification by a law enforcement agency or the clearinghouse
3-27 regarding a missing child, the school, day care facility, or birth
4-1 certificate agency shall maintain the child's records in its
4-2 possession so that on receipt of a request regarding the child, the
4-3 school, day care facility, or agency will be able to notify law
4-4 enforcement or the clearinghouse that a request for a flagged
4-5 record has been made.
4-6 (b) When a request concerning a flagged record is made in
4-7 person, the school, day care facility, or agency may not advise the
4-8 requesting party that the request concerns a missing child and
4-9 shall:
4-10 (1) require the person requesting the flagged record
4-11 to complete a form stating the person's name, address, telephone
4-12 number, social security number, and relationship to the child for
4-13 whom a request is made and the name, address, birth date, and
4-14 social security number of the child;
4-15 (2) obtain a copy of the requesting party's driver's
4-16 license or other photographic identification, if possible;
4-17 (3) if the request is for a birth certificate, inform
4-18 the requesting party that a copy of a certificate will be sent by
4-19 mail; and
4-20 (4) immediately notify the appropriate law enforcement
4-21 agency that a request has been made concerning a flagged record and
4-22 include a physical description of the requesting party, the
4-23 identity and address of the requesting party, and a copy of the
4-24 requesting party's driver's license or other photographic
4-25 identification.
4-26 (c) After providing the notification required under
4-27 Subsection (a)(4), the school, day care facility, or agency shall
5-1 mail a copy of the requested record to the requesting party on or
5-2 after the 21st day after the date of the request.
5-3 (d) When a request concerning a flagged record is made in
5-4 writing, the school, day care facility, or agency shall immediately
5-5 notify the appropriate law enforcement agency that a request has
5-6 been made concerning a flagged record and provide to the law
5-7 enforcement agency a copy of the written request. After providing
5-8 the notification under this subsection, the school, day care
5-9 facility, or agency shall mail a copy of the requested record to
5-10 the requesting party on or after the 21st day after the date of
5-11 the request.
5-12 Sec. 79.020. REMOVAL OF FLAG FROM RECORDS. (a) On the
5-13 return of a missing child, the law enforcement agency shall notify
5-14 each school, day care facility, or birth certificate agency that
5-15 has maintained flagged records for the child that the child is no
5-16 longer missing. The law enforcement agency shall notify the
5-17 clearinghouse that notification under this section has been made.
5-18 The clearinghouse shall notify the school, day care facility, or
5-19 birth certificate agency that the missing child is no longer
5-20 missing if the clearinghouse determines that the notification was
5-21 not provided by the law enforcement agency.
5-22 (b) On notification by the law enforcement agency or the
5-23 clearinghouse that a missing child has been recovered, the school,
5-24 day care facility, or birth certificate agency that maintained
5-25 flagged records shall remove the flag from the records.
5-26 (c) A school, day care facility, or birth certificate agency
5-27 that has reason to believe a missing child has been recovered may
6-1 request confirmation that the missing child has been recovered from
6-2 the appropriate law enforcement agency or the clearinghouse. If a
6-3 response is not received after the 45th day after the date of the
6-4 request for confirmation, the school, day care facility, or birth
6-5 certificate agency may remove the flag from the record and shall
6-6 inform the law enforcement agency or the clearinghouse that the
6-7 flag has been removed.
6-8 Sec. 79.021. IMMUNITY FROM LIABILITY. A law enforcement
6-9 agency, clearinghouse, school, day care facility, or birth
6-10 certificate agency and any person acting on behalf of a law
6-11 enforcement agency, clearinghouse, school, day care facility, or
6-12 birth certificate agency is immune from civil liability and
6-13 criminal prosecution for any act taken in good faith under this
6-14 chapter.
6-15 SECTION 3. This Act takes effect September 1, 1997.
6-16 SECTION 4. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.