1-1                                   AN ACT

 1-2     relating to missing children and other missing persons.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 79.001(3), Human Resources Code, is

 1-5     amended to read as follows:

 1-6                 (3)  "Missing child" means a child whose whereabouts

 1-7     are unknown to the child's legal custodian, the circumstances of

 1-8     whose absence indicate that:

 1-9                       (A)  the child did not voluntarily leave the care

1-10     and control of the custodian, and the taking of the child was not

1-11     authorized by law; [or]

1-12                       (B)  the child voluntarily left the care and

1-13     control of his legal custodian without the custodian's consent and

1-14     without intent to return; or

1-15                       (C)  the child was taken or retained in violation

1-16     of the terms of a court order for possession of or access to the

1-17     child.

1-18           SECTION 2.  Section 79.008(a), Human Resources Code, is

1-19     amended to read as follows:

1-20           (a)  Local law enforcement agencies, on receiving a report of

1-21     a missing child or a missing person, shall:

1-22                 (1)  if the subject of the report is a child and the

1-23     well-being of the child is in danger, immediately start an

1-24     investigation in order to determine the present location of the

 2-1     child;

 2-2                 (2)  if the subject of the report is a person other

 2-3     than a child or if the subject of the report is a child whose

 2-4     well-being is not considered to be in danger, start an

 2-5     investigation with due diligence in order to determine the present

 2-6     location of the person; [and]

 2-7                 (3)  immediately enter the name of the child or person

 2-8     into the clearinghouse and the national crime information center

 2-9     missing person file if the child or person meets the center's

2-10     criteria, with all available identifying features such as dental

2-11     records, fingerprints, other physical characteristics, and a

2-12     description of the clothing worn when last seen; and

2-13                 (4)  on determining the location of a child under

2-14     Subdivision (1) or (2), other than a child who is subject to the

2-15     continuing jurisdiction of a district court, an officer may take

2-16     possession of the child and shall deliver or arrange for the

2-17     delivery of the child to a person entitled to possession of the

2-18     child.  If the person entitled to possession of the child is not

2-19     immediately available, the law enforcement officer shall deliver

2-20     the child to the Department of Protective and Regulatory Services.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended,

2-26     and that this Act take effect and be in force from and after its

2-27     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1092 was passed by the House on April

         8, 1997, by the following vote:  Yeas 146, Nays 0, 1 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1092 was passed by the Senate on

         April 25, 1997, by the following vote:  Yeas 28, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor