By Greenberg                                           H.B. No. 605
         76R2649 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the responsibility of local law enforcement to
 1-3     investigate a report of certain missing persons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 62.009(a), Code of Criminal Procedure, is
 1-6     redesignated as Article 63.009(a), Code of Criminal  Procedure, and
 1-7     amended to read as follows:
 1-8           (a)  Local law enforcement agencies, on receiving a report of
 1-9     a missing child or a missing person, shall:
1-10                 (1)  if the subject of the report is a child and the
1-11     well-being of the child is in danger or if the subject of the
1-12     report is a person who is known by the agency to have or is
1-13     reported to have Alzheimer's disease, immediately start an
1-14     investigation in order to determine the present location of the
1-15     child or person;
1-16                 (2)  if the subject of the report is a child or person
1-17     other than a child or person described by Subdivision (1) [if the
1-18     subject of the report is a child whose well-being is not considered
1-19     to be in danger], start an investigation with due diligence in
1-20     order to determine the present location of the child or person;
1-21                 (3)  immediately enter the name of the child or person
1-22     into the clearinghouse and the national crime information center
1-23     missing person file if the child or person meets the center's
1-24     criteria, with all available identifying features such as dental
 2-1     records, fingerprints, other physical characteristics, and a
 2-2     description of the clothing worn when last seen, and all available
 2-3     information describing any person reasonably believed to have taken
 2-4     or retained the missing child or missing person; and
 2-5                 (4)  inform the person who filed the report of the
 2-6     missing child or missing person that the information will be
 2-7     entered into the clearinghouse and the national crime information
 2-8     center missing person file.
 2-9           SECTION 2.  (a)  In accordance with Section 311.031(c),
2-10     Government Code, which gives effect to a substantive amendment
2-11     enacted by the same legislature that codifies the amended statute,
2-12     the text of Section 62.009, Code of Criminal Procedure, as set out
2-13     in this Act, gives effect to changes made by Chapters 51 and 771,
2-14     Acts of the 75th Legislature, Regular Session, 1997.
2-15           (b)  To the extent of any conflict, this Act prevails over
2-16     another Act of the 76th Legislature, Regular Session, 1999,
2-17     relating to nonsubstantive additions and corrections in enacted
2-18     codes.
2-19           SECTION 3.  This Act takes effect September 1, 1999.
2-20           SECTION 4.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.