1-1     By:  Thompson, et al. (Senate Sponsor - Harris)       H.B. No. 1516

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 9, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Harris

 1-8           Amend the engrossed version of House Bill No. 1516, on page

 1-9     1, line 25, after the word "tuition" and before the ".", by adding

1-10     "and has more than 25 students enrolled and attending courses at a

1-11     single location".

1-12                            A BILL TO BE ENTITLED

1-13                                   AN ACT

1-14     relating to the creation of a record keeping system for assisting

1-15     law enforcement in the location of missing children.

1-16           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-17           SECTION 1.  Section 79.001, Human Resources Code, is amended

1-18     by adding Subdivisions (11), (12), and (13) to read as follows:

1-19                 (11)  "Birth certificate agency" means a municipal or

1-20     county official that records and maintains birth certificates and

1-21     the bureau of vital statistics.

1-22                 (12)  "Bureau of vital statistics" means the bureau of

1-23     vital statistics of the Texas Department of Health.

1-24                 (13)  "School" means a public primary school or private

1-25     primary school that charges a fee for tuition.

1-26           SECTION 2.  Chapter 79, Human Resources Code, is amended by

1-27     adding Sections 79.017-79.020 to read as follows:

1-28           Sec. 79.017.  SCHOOL RECORDS SYSTEM.  (a)  On enrollment of a

1-29     child under 11 years of age in a school for the first time at the

1-30     school, the school shall:

1-31                 (1)  request from the person enrolling the child the

1-32     name of each previous school attended by the child;

1-33                 (2)  request from each school identified in Subdivision

1-34     (1), the school records for the child and, if the person enrolling

1-35     the child provides copies of previous school records, request

1-36     verification from the school of the child's name, address, birth

1-37     date, and grades and dates attended; and

1-38                 (3)  notify the person enrolling the student that not

1-39     later than the 30th day after enrollment, or the 90th day if the

1-40     child was not born in the United States, the person must provide:

1-41                       (A)  a certified copy of the child's birth

1-42     certificate; or

1-43                       (B)  other reliable proof of the child's identity

1-44     and age and a signed statement explaining the person's inability to

1-45     produce a copy of the child's birth certificate.

1-46           (b)  If a person enrolls a child under 11 years of age in

1-47     school and does not provide the valid prior school information or

1-48     documentation required by this section, the school shall notify the

1-49     appropriate law enforcement agency before the 31st day after the

1-50     person fails to comply with this section.  On receipt of

1-51     notification, the law enforcement agency shall immediately check

1-52     the clearinghouse to determine if the child has been reported

1-53     missing.  If the child has been reported missing, the law

1-54     enforcement agency shall immediately notify other appropriate law

1-55     enforcement agencies that the missing child has been located.

1-56           Sec. 79.018.  DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG

1-57     MISSING CHILDREN'S RECORDS.  (a)  When a report that a child under

1-58     11 years of age is missing is received by a law enforcement agency,

1-59     the agency shall immediately notify each school and day care

1-60     facility that the child attended or in which the child was enrolled

1-61     as well as the bureau of vital statistics, if the child was born in

1-62     the state, that the child is missing.

1-63           (b)  On receipt of notice that a child under 11 years of age

1-64     is missing, the bureau of vital statistics shall notify the

 2-1     appropriate municipal or county birth certificate agency that the

 2-2     child is missing.

 2-3           (c)  A school, day care facility, or birth certificate agency

 2-4     that receives notice concerning a child under this section shall

 2-5     flag the child's records that are maintained by the school,

 2-6     facility, or agency.

 2-7           (d)  The law enforcement agency shall notify the

 2-8     clearinghouse that the notification required under this section has

 2-9     been made.  The clearinghouse shall provide the notice required

2-10     under this section if the clearinghouse determines that the

2-11     notification has not been made by the law enforcement agency.

2-12           (e)  If a missing child under 11 years of age, who was the

2-13     subject of a missing child report made in this state, was born in

2-14     or attended a school or licensed day care facility in another

2-15     state, the law enforcement agency shall notify law enforcement or

2-16     the missing and exploited children clearinghouse in each

2-17     appropriate state regarding the missing child and request the law

2-18     enforcement agency or clearinghouse to contact the state birth

2-19     certificate agency and each school or licensed day care facility

2-20     the missing child attended to flag the missing child's records.

2-21           Sec. 79.019.  SYSTEM FOR FLAGGING RECORDS.  (a)  On receipt

2-22     of notification by a law enforcement agency or the clearinghouse

2-23     regarding a missing child under 11 years of age, the school, day

2-24     care facility, or birth certificate agency shall maintain the

2-25     child's records in its possession so that on receipt of a request

2-26     regarding the child, the school, day care facility, or agency will

2-27     be able to notify law enforcement or the clearinghouse that a

2-28     request for a flagged record has been made.

2-29           (b)  When a request concerning a flagged record is made in

2-30     person, the school, day care facility, or agency may not advise the

2-31     requesting party that the request concerns a missing child and

2-32     shall:

2-33                 (1)  require the person requesting the flagged record

2-34     to complete a form stating the person's name, address, telephone

2-35     number, and relationship to the child for whom a request is made

2-36     and the name, address, and birth date of the child;

2-37                 (2)  obtain a copy of the requesting party's driver's

2-38     license or other photographic identification, if possible;

2-39                 (3)  if the request is for a birth certificate, inform

2-40     the requesting party that a copy of a certificate will be sent by

2-41     mail; and

2-42                 (4)  immediately notify the appropriate law enforcement

2-43     agency that a request has been made concerning a flagged record and

2-44     include a physical description of the requesting party, the

2-45     identity and address of the requesting party, and a copy of the

2-46     requesting party's driver's license or other photographic

2-47     identification.

2-48           (c)  After providing the notification required under

2-49     Subsection (a)(4), the school, day care facility, or agency shall

2-50     mail a copy of the requested record to the requesting party on or

2-51     after the 21st day after the date of the request.

2-52           (d)  When a request concerning a flagged record is made in

2-53     writing, the school, day care facility, or agency may not advise

2-54     the party that the request concerns a missing child and shall

2-55     immediately notify the appropriate law enforcement agency that a

2-56     request has been made concerning a flagged record and provide to

2-57     the law enforcement agency a copy of the written request.  After

2-58     providing the notification under this subsection, the school, day

2-59     care facility, or agency shall mail a copy of the requested record

2-60     to the requesting party  on or after the 21st day after the date of

2-61     the request.

2-62           Sec. 79.020.  REMOVAL OF FLAG FROM RECORDS.  (a)  On the

2-63     return of a missing child under 11 years of age, the law

2-64     enforcement agency shall notify each school or day care facility

2-65     that has maintained flagged records for the child and the bureau of

2-66     vital statistics that the child is no longer missing.  The law

2-67     enforcement agency shall notify the clearinghouse that notification

2-68     under this section has been made.  The bureau of vital statistics

2-69     shall notify the appropriate municipal or county birth certificate

 3-1     agency.  The clearinghouse shall notify the school, day care

 3-2     facility, or bureau of vital statistics that the missing child is

 3-3     no longer missing if the clearinghouse determines that the

 3-4     notification was not provided by the law enforcement agency.

 3-5           (b)  On notification by the law enforcement agency or the

 3-6     clearinghouse that a missing child has been recovered, the school,

 3-7     day care facility, or birth certificate agency that maintained

 3-8     flagged records shall remove the flag from the records.

 3-9           (c)  A school, day care facility, or birth certificate agency

3-10     that has reason to believe a missing child has been recovered may

3-11     request confirmation that the missing child has been recovered from

3-12     the appropriate law enforcement agency or the clearinghouse.  If a

3-13     response is not received after the 45th day after the date of the

3-14     request for confirmation, the school, day care facility, or birth

3-15     certificate agency may remove the flag from the record and shall

3-16     inform the law enforcement agency or the clearinghouse that the

3-17     flag has been removed.

3-18           SECTION 3.  This Act takes effect September 1, 1997.

3-19           SECTION 4.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.

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