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), (12), and (13) to read as follows:
1-7 (11) "Birth certificate agency" means a municipal or
1-8 county official that records and maintains birth certificates and
1-9 the bureau of vital statistics.
1-10 (12) "Bureau of vital statistics" means the bureau of
1-11 vital statistics of the Texas Department of Health.
1-12 (13) "School" means a public primary school or private
1-13 primary school that charges a fee for tuition and has more than 25
1-14 students enrolled and attending courses at a single location.
1-15 SECTION 2. Chapter 79, Human Resources Code, is amended by
1-16 adding Sections 79.017-79.020 to read as follows:
1-17 Sec. 79.017. SCHOOL RECORDS SYSTEM. (a) On enrollment of a
1-18 child under 11 years of age in a school for the first time at the
1-19 school, the school shall:
1-20 (1) request from the person enrolling the child the
1-21 name of each previous school attended by the child;
1-22 (2) request from each school identified in Subdivision
1-23 (1), the school records for the child and, if the person enrolling
1-24 the child provides copies of previous school records, request
2-1 verification from the school of the child's name, address, birth
2-2 date, and grades and dates attended; and
2-3 (3) notify the person enrolling the student that not
2-4 later than the 30th day after enrollment, or the 90th day if the
2-5 child was not born in the United States, the person must provide:
2-6 (A) a certified copy of the child's birth
2-7 certificate; or
2-8 (B) other reliable proof of the child's identity
2-9 and age and a signed statement explaining the person's inability to
2-10 produce a copy of the child's birth certificate.
2-11 (b) If a person enrolls a child under 11 years of age in
2-12 school and does not provide the valid prior school information or
2-13 documentation required by this section, the school shall notify the
2-14 appropriate law enforcement agency before the 31st day after the
2-15 person fails to comply with this section. On receipt of
2-16 notification, the law enforcement agency shall immediately check
2-17 the clearinghouse to determine if the child has been reported
2-18 missing. If the child has been reported missing, the law
2-19 enforcement agency shall immediately notify other appropriate law
2-20 enforcement agencies that the missing child has been located.
2-21 Sec. 79.018. DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG
2-22 MISSING CHILDREN'S RECORDS. (a) When a report that a child under
2-23 11 years of age is missing is received by a law enforcement agency,
2-24 the agency shall immediately notify each school and day care
2-25 facility that the child attended or in which the child was enrolled
2-26 as well as the bureau of vital statistics, if the child was born in
2-27 the state, that the child is missing.
3-1 (b) On receipt of notice that a child under 11 years of age
3-2 is missing, the bureau of vital statistics shall notify the
3-3 appropriate municipal or county birth certificate agency that the
3-4 child is missing.
3-5 (c) A school, day care facility, or birth certificate agency
3-6 that receives notice concerning a child under this section shall
3-7 flag the child's records that are maintained by the school,
3-8 facility, or agency.
3-9 (d) The law enforcement agency shall notify the
3-10 clearinghouse that the notification required under this section has
3-11 been made. The clearinghouse shall provide the notice required
3-12 under this section if the clearinghouse determines that the
3-13 notification has not been made by the law enforcement agency.
3-14 (e) If a missing child under 11 years of age, who was the
3-15 subject of a missing child report made in this state, was born in
3-16 or attended a school or licensed day care facility in another
3-17 state, the law enforcement agency shall notify law enforcement or
3-18 the missing and exploited children clearinghouse in each
3-19 appropriate state regarding the missing child and request the law
3-20 enforcement agency or clearinghouse to contact the state birth
3-21 certificate agency and each school or licensed day care facility
3-22 the missing child attended to flag the missing child's records.
3-23 Sec. 79.019. SYSTEM FOR FLAGGING RECORDS. (a) On receipt
3-24 of notification by a law enforcement agency or the clearinghouse
3-25 regarding a missing child under 11 years of age, the school, day
3-26 care facility, or birth certificate agency shall maintain the
3-27 child's records in its possession so that on receipt of a request
4-1 regarding the child, the school, day care facility, or agency will
4-2 be able to notify law enforcement or the clearinghouse that a
4-3 request for a flagged record has been made.
4-4 (b) When a request concerning a flagged record is made in
4-5 person, the school, day care facility, or agency may not advise the
4-6 requesting party that the request concerns a missing child and
4-7 shall:
4-8 (1) require the person requesting the flagged record
4-9 to complete a form stating the person's name, address, telephone
4-10 number, and relationship to the child for whom a request is made
4-11 and the name, address, and birth date of the child;
4-12 (2) obtain a copy of the requesting party's driver's
4-13 license or other photographic identification, if possible;
4-14 (3) if the request is for a birth certificate, inform
4-15 the requesting party that a copy of a certificate will be sent by
4-16 mail; and
4-17 (4) immediately notify the appropriate law enforcement
4-18 agency that a request has been made concerning a flagged record and
4-19 include a physical description of the requesting party, the
4-20 identity and address of the requesting party, and a copy of the
4-21 requesting party's driver's license or other photographic
4-22 identification.
4-23 (c) After providing the notification required under
4-24 Subsection (a)(4), the school, day care facility, or agency shall
4-25 mail a copy of the requested record to the requesting party on or
4-26 after the 21st day after the date of the request.
4-27 (d) When a request concerning a flagged record is made in
5-1 writing, the school, day care facility, or agency may not advise
5-2 the party that the request concerns a missing child and shall
5-3 immediately notify the appropriate law enforcement agency that a
5-4 request has been made concerning a flagged record and provide to
5-5 the law enforcement agency a copy of the written request. After
5-6 providing the notification under this subsection, the school, day
5-7 care facility, or agency shall mail a copy of the requested record
5-8 to the requesting party on or after the 21st day after the date of
5-9 the request.
5-10 Sec. 79.020. REMOVAL OF FLAG FROM RECORDS. (a) On the
5-11 return of a missing child under 11 years of age, the law
5-12 enforcement agency shall notify each school or day care facility
5-13 that has maintained flagged records for the child and the bureau of
5-14 vital statistics that the child is no longer missing. The law
5-15 enforcement agency shall notify the clearinghouse that notification
5-16 under this section has been made. The bureau of vital statistics
5-17 shall notify the appropriate municipal or county birth certificate
5-18 agency. The clearinghouse shall notify the school, day care
5-19 facility, or bureau of vital statistics that the missing child is
5-20 no longer missing if the clearinghouse determines that the
5-21 notification was 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 SECTION 3. This Act takes effect September 1, 1997.
6-9 SECTION 4. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1516 was passed by the House on April
30, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1516 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1516 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor