By Thompson H.B. No. 1516
75R6365 JMM-F
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), (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 or private primary
1-13 school. The term does not include a home school.
1-14 SECTION 2. Chapter 79, Human Resources Code, is amended by
1-15 adding Sections 79.017-79.020 to read as follows:
1-16 Sec. 79.017. SCHOOL RECORDS SYSTEM. (a) On enrollment of a
1-17 child under 11 years of age in a school for the first time at the
1-18 school, the school shall:
1-19 (1) request from the person enrolling the child the
1-20 name of each previous school attended by the child;
1-21 (2) request from each school identified in Subdivision
1-22 (1), the school records for the child and, if the person enrolling
1-23 the child provides copies of previous school records, request
1-24 verification from the school of the child's name, address, birth
2-1 date, and grades and dates attended; and
2-2 (3) notify the person enrolling the student that not
2-3 later than the 30th day after enrollment, or the 90th day if the
2-4 child was not born in the United States, the person must provide:
2-5 (A) a certified copy of the child's birth
2-6 certificate; or
2-7 (B) other reliable proof of the child's identity
2-8 and age and a signed statement explaining the person's inability to
2-9 produce a copy of the child's birth certificate.
2-10 (b) If a person enrolls a child under 11 years of age in
2-11 school and does not provide the valid prior school information or
2-12 documentation required by this section, the school shall notify the
2-13 appropriate law enforcement agency before the 31st day after the
2-14 person fails to comply with this section. On receipt of
2-15 notification, the law enforcement agency shall immediately check
2-16 the clearinghouse to determine if the child has been reported
2-17 missing. If the child has been reported missing, the law
2-18 enforcement agency shall immediately notify other appropriate law
2-19 enforcement agencies that the missing child has been located.
2-20 Sec. 79.018. DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG
2-21 MISSING CHILDREN'S RECORDS. (a) When a report that a child under
2-22 11 years of age is missing is received by a law enforcement agency,
2-23 the agency shall immediately notify each school and day care
2-24 facility that the child attended or in which the child was enrolled
2-25 as well as the bureau of vital statistics, if the child was born in
2-26 the state, that the child is missing.
2-27 (b) On receipt of notice that a child under 11 years of age
3-1 is missing, the bureau of vital statistics shall notify the
3-2 appropriate municipal or county birth certificate agency that the
3-3 child is missing.
3-4 (c) A school, day care facility, or birth certificate agency
3-5 that receives notice concerning a child under this section shall
3-6 flag the child's records that are maintained by the school,
3-7 facility, or agency.
3-8 (d) The law enforcement agency shall notify the
3-9 clearinghouse that the notification required under this section has
3-10 been made. The clearinghouse shall provide the notice required
3-11 under this section if the clearinghouse determines that the
3-12 notification has not been made by the law enforcement agency.
3-13 (e) If a missing child under 11 years of age, who was the
3-14 subject of a missing child report made in this state, was born in
3-15 or attended a school or licensed day care facility in another
3-16 state, the law enforcement agency shall notify law enforcement or
3-17 the missing and exploited children clearinghouse in each
3-18 appropriate state regarding the missing child and request the law
3-19 enforcement agency or clearinghouse to contact the state birth
3-20 certificate agency and each school or licensed day care facility
3-21 the missing child attended to flag the missing child's records.
3-22 Sec. 79.019. SYSTEM FOR FLAGGING RECORDS. (a) On receipt
3-23 of notification by a law enforcement agency or the clearinghouse
3-24 regarding a missing child under 11 years of age, the school, day
3-25 care facility, or birth certificate agency shall maintain the
3-26 child's records in its possession so that on receipt of a request
3-27 regarding the child, the school, day care facility, or agency will
4-1 be able to notify law enforcement or the clearinghouse that a
4-2 request for a flagged record has been made.
4-3 (b) When a request concerning a flagged record is made in
4-4 person, the school, day care facility, or agency may not advise the
4-5 requesting party that the request concerns a missing child and
4-6 shall:
4-7 (1) require the person requesting the flagged record
4-8 to complete a form stating the person's name, address, telephone
4-9 number, and relationship to the child for whom a request is made
4-10 and the name, address, and birth date of the child;
4-11 (2) obtain a copy of the requesting party's driver's
4-12 license or other photographic identification, if possible;
4-13 (3) if the request is for a birth certificate, inform
4-14 the requesting party that a copy of a certificate will be sent by
4-15 mail; and
4-16 (4) immediately notify the appropriate law enforcement
4-17 agency that a request has been made concerning a flagged record and
4-18 include a physical description of the requesting party, the
4-19 identity and address of the requesting party, and a copy of the
4-20 requesting party's driver's license or other photographic
4-21 identification.
4-22 (c) After providing the notification required under
4-23 Subsection (a)(4), the school, day care facility, or agency shall
4-24 mail a copy of the requested record to the requesting party on or
4-25 after the 21st day after the date of the request.
4-26 (d) When a request concerning a flagged record is made in
4-27 writing, the school, day care facility, or agency shall immediately
5-1 notify the appropriate law enforcement agency that a request has
5-2 been made concerning a flagged record and provide to the law
5-3 enforcement agency a copy of the written request. After providing
5-4 the notification under this subsection, the school, day care
5-5 facility, or agency shall mail a copy of the requested record to
5-6 the requesting party on or after the 21st day after the date of
5-7 the request.
5-8 Sec. 79.020. REMOVAL OF FLAG FROM RECORDS. (a) On the
5-9 return of a missing child under 11 years of age, the law
5-10 enforcement agency shall notify each school or day care facility
5-11 that has maintained flagged records for the child and the bureau of
5-12 vital statistics that the child is no longer missing. The law
5-13 enforcement agency shall notify the clearinghouse that notification
5-14 under this section has been made. The bureau of vital statistics
5-15 shall notify the appropriate municipal or county birth certificate
5-16 agency. The clearinghouse shall notify the school, day care
5-17 facility, or bureau of vital statistics that the missing child is
5-18 no longer missing if the clearinghouse determines that the
5-19 notification was not provided by the law enforcement agency.
5-20 (b) On notification by the law enforcement agency or the
5-21 clearinghouse that a missing child has been recovered, the school,
5-22 day care facility, or birth certificate agency that maintained
5-23 flagged records shall remove the flag from the records.
5-24 (c) A school, day care facility, or birth certificate agency
5-25 that has reason to believe a missing child has been recovered may
5-26 request confirmation that the missing child has been recovered from
5-27 the appropriate law enforcement agency or the clearinghouse. If a
6-1 response is not received after the 45th day after the date of the
6-2 request for confirmation, the school, day care facility, or birth
6-3 certificate agency may remove the flag from the record and shall
6-4 inform the law enforcement agency or the clearinghouse that the
6-5 flag has been removed.
6-6 SECTION 3. This Act takes effect September 1, 1997.
6-7 SECTION 4. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.