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.