1-1     By:  Crabb (Senate Sponsor - Whitmire)                H.B. No. 2899

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the development of information to identify missing

 1-9     children or persons.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 79, Human Resources Code, is transferred

1-12     to Title 1, Code of Criminal Procedure, redesignated as Chapter 62

1-13     of that code, and amended to read as follows:

1-14                     CHAPTER 62 [79].  MISSING CHILDREN

1-15                             AND MISSING PERSONS

1-16           Art. 62.001 [Sec. 79.001].  DEFINITIONS.  In this chapter:

1-17                 (1)  "Child" means a person under 18 years of age.

1-18                 (2)  "Missing person" means a person 18 years old or

1-19     older whose disappearance is possibly not voluntary.

1-20                 (3)  "Missing child" means a child whose whereabouts

1-21     are unknown to the child's legal custodian, the circumstances of

1-22     whose absence indicate that:

1-23                       (A)  the child did not voluntarily leave the care

1-24     and control of the custodian, and the taking of the child was not

1-25     authorized by law;  [or]

1-26                       (B)  the child voluntarily left the care and

1-27     control of his legal custodian without the custodian's consent and

1-28     without intent to return; or

1-29                       (C)  the child was taken or retained in violation

1-30     of the express terms of a court order or judgment governing custody

1-31     of the child.

1-32                 (4)  "Missing child" or "missing person" also includes

1-33     a person of any age who is missing and:

1-34                       (A)  is under proven physical or mental

1-35     disability or is senile, and because of one or more of these

1-36     conditions is subject to immediate danger or is a danger to others;

1-37                       (B)  is in the company of another person or is in

1-38     a situation the circumstances of which indicate that the missing

1-39     child's or missing person's safety is in doubt; or

1-40                       (C)  is unemancipated as defined by the law of

1-41     this state.

1-42                 (5)  "Missing child or missing person report" or

1-43     "report" means information that is:

1-44                       (A)  given to a law enforcement agency on a form

1-45     used for sending information to the national crime information

1-46     center; and

1-47                       (B)  about a child or missing person whose

1-48     whereabouts are unknown to the reporter and who is alleged in the

1-49     form by the reporter to be missing.

1-50                 (6)  "Legal custodian of a child" means a parent of a

1-51     child if no managing conservator or guardian of the person of the

1-52     child has been appointed, the managing conservator of a child or a

1-53     guardian of a child if a managing conservator or guardian has been

1-54     appointed for the child, a possessory conservator of a child if the

1-55     child is absent from the possessory conservator of the child at a

1-56     time when the possessory conservator is entitled to possession of

1-57     the child and the child is not believed to be with the managing

1-58     conservator, or any other person who has assumed temporary care and

1-59     control of a child if at the time of disappearance the child was

1-60     not living with his parent, guardian, managing conservator, or

1-61     possessory conservator.

1-62                 (7)  "Clearinghouse" means the missing children and

1-63     missing persons information clearinghouse.

1-64                 (8)  "Law enforcement agency" means a police department

 2-1     of a city in this state, a sheriff of a county in this state, or

 2-2     the Department of Public Safety.

 2-3                 (9)  "Possible match" occurs if the similarities

 2-4     between an unidentified body and a missing child or person would

 2-5     lead one to believe they are the same person.

 2-6                 (10)  "City or state agency" means an employment

 2-7     commission, the Texas Department of Human Services, the Texas

 2-8     Department of Transportation, and any other agency that is funded

 2-9     or supported by the state or a city government.

2-10           Art. 62.002 [Sec. 79.002].  MISSING CHILDREN AND MISSING

2-11     PERSONS INFORMATION CLEARINGHOUSE.  (a)  The missing children and

2-12     missing persons information clearinghouse is established within the

2-13     Department of Public Safety.

2-14           (b)  The clearinghouse is under the administrative direction

2-15     of the director of the department.

2-16           (c)  The clearinghouse shall be used by all law enforcement

2-17     agencies of the state.

2-18           Art. 62.003 [Sec. 79.003].  FUNCTION OF CLEARINGHOUSE.  (a)

2-19     The clearinghouse is a central  repository of information on

2-20     missing children and missing persons.

2-21           (b)  The clearinghouse shall:

2-22                 (1)  establish a system of intrastate communication of

2-23     information relating to missing children and missing persons;

2-24                 (2)  provide a centralized file for the exchange of

2-25     information on missing children, missing persons, and unidentified

2-26     dead bodies within the state;

2-27                 (3)  communicate with the national crime information

2-28     center for the exchange of information on missing children and

2-29     missing persons suspected of interstate travel;

2-30                 (4)  collect, process, maintain, and disseminate

2-31     accurate and complete information on missing children and missing

2-32     persons;

2-33                 (5)  provide a statewide toll-free telephone line for

2-34     the reporting of missing children and missing persons and for

2-35     receiving information on missing children and missing persons; and

2-36                 (6)  provide and disseminate to legal custodians, law

2-37     enforcement agencies, and the Texas [Central] Education Agency

2-38     information that explains how to prevent child abduction and what

2-39     to do if a child becomes missing.

2-40           Art. 62.004 [Sec. 79.004].  REPORT FORMS.  (a)  The

2-41     Department of Public Safety shall distribute missing children and

2-42     missing person report forms.

2-43           (b)  A missing child or missing person report may be made to

2-44     a law enforcement officer authorized by that department to receive

2-45     reports in person or by telephone or other indirect method of

2-46     communication and the officer may enter the information on the form

2-47     for the reporting person.  A report form may also be completed by

2-48     the reporting person and delivered to a law enforcement officer.

2-49           Art. 62.005 [Sec. 79.005].  DISTRIBUTION OF INFORMATION.  (a)

2-50     The clearinghouse shall print and distribute posters, flyers, and

2-51     other forms of information containing descriptions of missing

2-52     children.

2-53           (b)  The clearinghouse shall also provide to the Texas

2-54     [Central] Education Agency information about missing children who

2-55     may be located in the school systems.

2-56           (c)  The clearinghouse may also receive information about

2-57     missing children from the Public Education Information Management

2-58     System of the Texas [Central] Education Agency and from school

2-59     districts.

2-60           Art. 62.006 [Sec. 79.006].  RELEASE OF DENTAL RECORDS.  (a)

2-61     At the time a report is made for a missing child, the person to

2-62     whom the report is given shall give or mail to the reporter a

2-63     dental record release form.  The officer receiving the report shall

2-64     endorse the form with the notation that a missing child report has

2-65     been made in compliance with this chapter.  When the form is

2-66     properly completed by the reporter, and contains the endorsement,

2-67     the form is sufficient to permit any dentist or physician in this

2-68     state to release dental records relating to the child reported

2-69     missing.

 3-1           (b)  At any time a report is made for a missing person the

 3-2     law enforcement officer taking the report may complete a dental

 3-3     release form that states that the person is missing and that there

 3-4     is reason to believe that the person has not voluntarily relocated

 3-5     or removed himself from communications with others and that

 3-6     authorizes the bearer of the release to obtain dental information

 3-7     records from any dentist or physician in this state.

 3-8           (c)  Any person who obtains dental records through the use of

 3-9     the form authorized by this section shall send the records to the

3-10     clearinghouse.

3-11           (d)  The judge of any court of record of this state may for

3-12     good cause shown authorize the release of dental records of a

3-13     missing child or missing person.

3-14           (e)  A dentist or physician who releases dental records to a

3-15     person presenting a proper release executed or ordered under this

3-16     section is immune from civil liability or criminal prosecution for

3-17     the release of those records.

3-18           Art. 62.007 [Sec. 79.0065].  RELEASE OF MEDICAL RECORDS.  (a)

3-19     At the time a report is made for a missing child or adult, the law

3-20     enforcement officer taking the report shall give a medical record

3-21     release form to the parent, spouse, adult child, or legal guardian

3-22     who is making the report.  The officer receiving the report shall

3-23     endorse the form with the notation that a missing child or missing

3-24     adult report has been made in compliance with this chapter.  When

3-25     the form is properly completed by the parent, spouse, adult child,

3-26     or legal guardian, and contains the endorsement, the form is

3-27     sufficient to permit any physician, health care facility, or other

3-28     licensed health care provider in this state to release to the law

3-29     enforcement officer presenting the release dental records, blood

3-30     type, height, weight, X rays, and information regarding scars,

3-31     allergies, or any unusual illnesses suffered by the person who is

3-32     reported missing.  Except as provided by Subsection (d), a medical

3-33     record of a missing child may be released only if the medical

3-34     record release form is signed by a parent or legal guardian.

3-35           (b)  At any time a report is made for an adult missing

3-36     person, the law enforcement officer taking the report shall

3-37     complete a medical release form that states that the person is

3-38     missing and that there is reason to believe that the person has not

3-39     voluntarily relocated or removed himself or herself from

3-40     communications with others.  A release under this subsection is not

3-41     valid unless it is signed by the adult missing person's:

3-42                 (1)  spouse;

3-43                 (2)  adult child who is reasonably available;

3-44                 (3)  parent; or

3-45                 (4)  legal guardian.

3-46           (c)  A law enforcement officer who obtains medical records

3-47     under this section shall send a copy of the records to the

3-48     clearinghouse.  A law enforcement officer who obtains records under

3-49     this section, a law enforcement agency using the records, and the

3-50     clearinghouse are prohibited from disclosing the information

3-51     contained in or obtained through the medical records unless

3-52     permitted by law.  Information contained in or obtained through

3-53     medical records may be used only for purposes directly related to

3-54     locating the missing person.

3-55           (d)  The judge of any court of record of this state may for

3-56     good cause shown authorize the release of pertinent medical records

3-57     of a missing child or missing adult.

3-58           (e)  A physician, health care facility, or other licensed

3-59     health care provider releasing a medical record to a person

3-60     presenting a proper release executed or ordered under this section

3-61     is immune from civil liability or criminal prosecution for the

3-62     release of the record.

3-63           Art. 62.008 [Sec. 79.007].  MISSING CHILDREN PROGRAM.  (a)

3-64     The Texas [Central] Education Agency shall develop and administer a

3-65     program for the location of missing children who may be enrolled

3-66     within the Texas school system, including nonpublic schools, and

3-67     for the reporting of children who may be missing or who may be

3-68     unlawfully removed from schools.

3-69           (b)  The program shall include the use of information

 4-1     received from the missing children and missing persons information

 4-2     clearinghouse and shall be coordinated with the operations of that

 4-3     information clearinghouse.

 4-4           (c)  The State Board of Education may adopt rules for the

 4-5     operation of the program and shall require the participation of all

 4-6     school districts and accredited private schools in this state.

 4-7           Art. 62.009 [Sec. 79.008].  LAW ENFORCEMENT REQUIREMENTS.

 4-8     (a)  Local law enforcement agencies, on receiving a report of a

 4-9     missing child or a missing person, shall:

4-10                 (1)  if the subject of the report is a child and the

4-11     well-being of the child is in danger, immediately start an

4-12     investigation in order to determine the present location of the

4-13     child;

4-14                 (2)  if the subject of the report is a person other

4-15     than a child or if the subject of the report is a child whose

4-16     well-being is not considered to be in danger, start an

4-17     investigation with due diligence in order to determine the present

4-18     location of the person; and

4-19                 (3)  immediately enter the name of the child or person

4-20     into the clearinghouse and the national crime information center

4-21     missing person file if the child or person meets the center's

4-22     criteria, with all available identifying features such as dental

4-23     records, fingerprints, other physical characteristics, and a

4-24     description of the clothing worn when last seen.

4-25           (b)  Information not immediately available shall be obtained

4-26     by the agency and entered into the clearinghouse and the national

4-27     crime information center file as a supplement to the original entry

4-28     as soon as possible.

4-29           (c)  All Texas law enforcement agencies are required to enter

4-30     information about all unidentified bodies into the clearinghouse

4-31     and the national crime information center unidentified person file.

4-32     A [The] law enforcement agency [agencies] shall, not later than the

4-33     10th working day after the date the death is reported to the

4-34     agency, [immediately] enter all available identifying features of

4-35     the unidentified body (fingerprints, dental records, any unusual

4-36     physical characteristics, and a description of the clothing found

4-37     on the body) into the clearinghouse and the national crime

4-38     information center file.  If an information entry into the national

4-39     crime information center file results in an automatic entry of the

4-40     information into the clearinghouse, the law enforcement agency is

4-41     not required to make a direct entry of that information into the

4-42     clearinghouse.

4-43           Art. 62.010 [Sec. 79.009].  ATTORNEY GENERAL TO REQUIRE

4-44     COMPLIANCE.  The attorney general shall require each law

4-45     enforcement agency to comply with this chapter and may seek writs

4-46     of mandamus or other appropriate remedies to enforce this chapter.

4-47           Art. 62.011 [Sec. 79.010].  MISSING CHILDREN INVESTIGATIONS.

4-48     On the written request made to a law enforcement agency by a

4-49     parent, foster parent, managing or possessory conservator, guardian

4-50     of the person or the estate, or other court-appointed custodian of

4-51     a child whose whereabouts are unknown, the law enforcement agency

4-52     shall request from the missing children and missing persons

4-53     information clearinghouse information concerning the child that may

4-54     aid the person making the request in the identification or location

4-55     of the child.

4-56           Art. 62.012 [Sec. 79.011].  REPORT OF INQUIRY.  A law

4-57     enforcement agency to which a request has been made under Section

4-58     62.011 [79.010] of  this code shall report to the parent on the

4-59     results of its inquiry within 14 days after the day that the

4-60     written request is filed with the law enforcement agency.

4-61           Art. 62.013 [Sec. 79.012].  INFORMATION TO CLEARINGHOUSE.

4-62     Each law enforcement agency shall provide to the missing children

4-63     and missing persons information clearinghouse any information that

4-64     would assist in the location or identification of any missing child

4-65     who has been reported to the agency as missing.

4-66           Art. 62.014 [Sec. 79.013].  CROSS-CHECKING AND MATCHING.  (a)

4-67     The clearinghouse shall cross-check and attempt to match

4-68     unidentified bodies with missing children or missing persons.  When

4-69     the clearinghouse discovers a possible match between an

 5-1     unidentified body and a missing child or missing person, the

 5-2     Department of Public Safety shall notify the appropriate law

 5-3     enforcement agencies.

 5-4           (b)  Those law enforcement agencies that receive notice of a

 5-5     possible match shall make arrangements for positive identification

 5-6     and complete and close out the investigation with notification to

 5-7     the clearinghouse.

 5-8           Art. 62.015 [Sec. 79.014].  AVAILABILITY OF INFORMATION

 5-9     THROUGH OTHER AGENCIES.  (a)  On the request of any law enforcement

5-10     agency, a city or state agency shall furnish the law enforcement

5-11     agency with any information about a missing child or missing person

5-12     that will assist in completing the investigation.

5-13           (b)  The information given under Subsection (a)  of this

5-14     section is confidential and may not be released to any other person

5-15     outside of the law enforcement agency.

5-16           Art. 62.016 [Sec. 79.015].  DONATIONS.  The Department of

5-17     Public Safety may accept money donated from any source to assist in

5-18     financing the activities and purposes of the missing children and

5-19     missing persons information clearinghouse.

5-20           Art. 62.017 [Sec. 79.016].  CONFIDENTIALITY OF CERTAIN

5-21     RECORDS.  Clearinghouse records that relate to the investigation by

5-22     a law enforcement agency of a missing child, a missing person, or

5-23     an unidentified body and records or notations that the

5-24     clearinghouse maintains for internal use in matters relating to

5-25     missing children, missing persons, or unidentified bodies are

5-26     confidential.

5-27           Art. 62.018.  DEATH CERTIFICATES.  A physician who performs a

5-28     postmortem examination on the body of an unidentified person shall

5-29     complete and file a death certificate in accordance with Chapter

5-30     193, Health and Safety Code.  The physician shall note on the

5-31     certificate the name of the law enforcement agency that submitted

5-32     the body for examination and shall send a copy of the certificate

5-33     to the clearinghouse not later  than the 10th working day after the

5-34     date the physician files the certificate.

5-35           SECTION 2.  This Act takes effect September 1, 1997.

5-36           SECTION 3.  The importance of this legislation and the

5-37     crowded condition of the calendars in both houses create an

5-38     emergency and an imperative public necessity that the

5-39     constitutional rule requiring bills to be read on three several

5-40     days in each house be suspended, and this rule is hereby suspended.

5-41                                  * * * * *