HBA-NLM, BTC H.B. 605 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 605
By: Greenberg
Public Safety
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a 24-hour waiting period is required before an adult is
considered a "missing person" and a search can be initiated.  A report of a
missing child is exempt from the 24-hour waiting period, and a search may
be initiated immediately.  H.B. 605 requires local law enforcement agencies
to immediately begin an investigation of a missing person if the subject is
a child or  if the subject is an adult reported to have Alzheimer's
disease. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 62.009(a), Code of Criminal Procedure, by
redesignating it as Article 63.009(a), Code of Criminal Procedure, to
require local law enforcement agencies, upon receipt of a missing child or
missing person report, if the subject of the report is a child and the
well-being of the child is in danger or if the subject of the report is a
person who is known by the agency to have or is reported to have
Alzheimer's disease, to immediately start an investigation in order to
determine the location of the child or person.  Provides that if the
subject of the report is a child or person other than a child or person
described by Subdivision (1), the agency is to start an investigation with
due diligence in order to determine the present location of the child or
person.  Deletes the language concerning the subject of the report being a
child whose well-being is not considered to be in danger.  

SECTION 2.  Provides that, in accordance with Section 311.031(c),
Government Code, which gives effect to a substantive amendment enacted by
the same legislature that codifies the amended statute, the text of Section
62.009, Code of Criminal Procedure, as set out in this Act, gives effect to
changes made by Chapters 51 and 771, Acts of the 75th Legislature, Regular
Session, 1997.  Provides that this Act prevails over another Act of the
76th legislature, Regular Session, 1999, relating to nonsubstantive
additions and corrections in enacted codes. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.