CHAPTER 63. MISSING CHILDREN AND MISSING PERSONS - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 63. MISSING CHILDREN AND MISSING PERSONS

SUBCHAPTER A. GENERAL PROVISIONS

Art. 63.001. DEFINITIONS. In this chapter:

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

(2) "Missing person" means a person 18 years old or older whose

disappearance is possibly not voluntary.

(3) "Missing child" means a child whose whereabouts are unknown

to the child's legal custodian, the circumstances of whose

absence indicate that:

(A) the child did not voluntarily leave the care and control of

the custodian, and the taking of the child was not authorized by

law;

(B) the child voluntarily left the care and control of his legal

custodian without the custodian's consent and without intent to

return; or

(C) the child was taken or retained in violation of the terms of

a court order for possession of or access to the child.

(4) "Missing child" or "missing person" also includes a person of

any age who is missing and:

(A) is under proven physical or mental disability or is senile,

and because of one or more of these conditions is subject to

immediate danger or is a danger to others;

(B) is in the company of another person or is in a situation the

circumstances of which indicate that the missing child's or

missing person's safety is in doubt; or

(C) is unemancipated as defined by the law of this state.

(5) "Missing child or missing person report" or "report" means

information that is:

(A) given to a law enforcement agency on a form used for sending

information to the national crime information center; and

(B) about a child or missing person whose whereabouts are unknown

to the reporter and who is alleged in the form by the reporter to

be missing.

(6) "Legal custodian of a child" means a parent of a child if no

managing conservator or guardian of the person of the child has

been appointed, the managing conservator of a child or a guardian

of a child if a managing conservator or guardian has been

appointed for the child, a possessory conservator of a child if

the child is absent from the possessory conservator of the child

at a time when the possessory conservator is entitled to

possession of the child and the child is not believed to be with

the managing conservator, or any other person who has assumed

temporary care and control of a child if at the time of

disappearance the child was not living with his parent, guardian,

managing conservator, or possessory conservator.

(7) "Clearinghouse" means the missing children and missing

persons information clearinghouse.

(8) "Law enforcement agency" means a police department of a city

in this state, a sheriff of a county in this state, or the

Department of Public Safety.

(9) "Possible match" occurs if the similarities between an

unidentified body and a missing child or person would lead one to

believe they are the same person.

(10) "City or state agency" means an employment commission, the

Texas Department of Human Services, the Texas Department of

Transportation, and any other agency that is funded or supported

by the state or a city government.

(11) "Birth certificate agency" means a municipal or county

official that records and maintains birth certificates and the

bureau of vital statistics.

(12) "Bureau of vital statistics" means the bureau of vital

statistics of the Texas Department of Health.

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

school that charges a fee for tuition and has more than 25

students enrolled and attending courses at a single location.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Amended by Acts 1987, 70th Leg., ch. 657, Sec. 1, eff. June

18, 1987; Acts 1987, 70th Leg., ch. 1052, Sec. 7.03, eff. Sept.

1, 1987. Renumbered from Human Resources Code Sec. 74.001 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(43), eff. Sept.

1, 1995; Acts 1995, 74th Leg., ch. 178, Sec. 1, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 51, Sec. 1; Acts 1997, 75th Leg.,

ch. 1084, Sec. 1, eff. Sept. 1, 1997. Renumbered from Human

Resources Code Sec. 79.001 and amended by Acts 1997, 75th Leg.,

ch. 1427, Sec. 1, eff. Sept. 1, 1997. Subd. (3) amended by Acts

1999, 76th Leg., ch. 62, Sec. 3.10, eff. Sept. 1, 1999.

Renumbered from Vernon's Ann.C.C.P. art. 62.001 and amended by

Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1,

1999.

Art. 63.0015. PRESUMPTION REGARDING PARENTAGE. For purposes of

this chapter, a person named as a child's mother or father in the

child's birth certificate is presumed to be the child's parent.

Added by Acts 1999, 76th Leg., ch. 685, Sec. 2, eff. Sept. 1,

1999.

Art. 63.002. MISSING CHILDREN AND MISSING PERSONS INFORMATION

CLEARINGHOUSE. (a) The missing children and missing persons

information clearinghouse is established within the Department of

Public Safety.

(b) The clearinghouse is under the administrative direction of

the director of the department.

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

agencies of the state.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.002 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.002 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.002 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.003. FUNCTION OF CLEARINGHOUSE. (a) The clearinghouse is

a central repository of information on missing children and

missing persons.

(b) The clearinghouse shall:

(1) establish a system of intrastate communication of information

relating to missing children and missing persons;

(2) provide a centralized file for the exchange of information on

missing children, missing persons, and unidentified dead bodies

within the state;

(3) communicate with the national crime information center for

the exchange of information on missing children and missing

persons suspected of interstate travel;

(4) collect, process, maintain, and disseminate accurate and

complete information on missing children and missing persons;

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

reporting of missing children and missing persons and for

receiving information on missing children and missing persons;

and

(6) provide and disseminate to legal custodians, law enforcement

agencies, and the Texas Education Agency information that

explains how to prevent child abduction and what to do if a child

becomes missing.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.003 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.59, eff. Sept.

1, 1997. Renumbered from Human Resources Code Sec. 79.003 and

amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,

1997. Renumbered from Vernon's Ann.C.C.P. art. 62.003 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.004. REPORT FORMS. (a) The Department of Public Safety

shall distribute missing children and missing person report

forms.

(b) A missing child or missing person report may be made to a law

enforcement officer authorized by that department to receive

reports in person or by telephone or other indirect method of

communication and the officer may enter the information on the

form for the reporting person. A report form may also be

completed by the reporting person and delivered to a law

enforcement officer.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.004 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.004 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.004 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.005. DISTRIBUTION OF INFORMATION. (a) The clearinghouse

shall print and distribute posters, flyers, and other forms of

information containing descriptions of missing children.

(b) The clearinghouse shall also provide to the Texas Education

Agency information about missing children who may be located in

the school systems.

(c) The clearinghouse may also receive information about missing

children from the Public Education Information Management System

of the Texas Education Agency and from school districts.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.005 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 190, Sec. 2, eff. Aug. 28,

1989; Acts 1997, 75th Leg., ch. 165, Sec. 6.60, eff. Sept. 1,

1997. Renumbered from Human Resources Code Sec. 79.005 and

amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,

1997. Renumbered from Vernon's Ann.C.C.P. art. 62.005 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.006. RELEASE OF DENTAL RECORDS. (a) At the time a report

is made for a missing child, the person to whom the report is

given shall give or mail to the reporter a dental record release

form. The officer receiving the report shall endorse the form

with the notation that a missing child report has been made in

compliance with this chapter. When the form is properly completed

by the reporter, and contains the endorsement, the form is

sufficient to permit any dentist or physician in this state to

release dental records relating to the child reported missing.

(b) At any time a report is made for a missing person the law

enforcement officer taking the report shall complete a dental

release form that states that the person is missing and that

there is reason to believe that the person has not voluntarily

relocated or removed himself from communications with others and

that authorizes the bearer of the release to obtain dental

information records from any dentist or physician in this state.

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

form authorized by this article shall send the records to the

clearinghouse.

(d) The judge of any court of record of this state may for good

cause shown authorize the release of dental records of a missing

child or missing person.

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

person presenting a proper release executed or ordered under this

article is immune from civil liability or criminal prosecution

for the release of those records.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.006 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.006 and amended by

Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.

Subsec. (b) amended by Acts 1999, 76th Leg., ch. 685, Sec. 3,

eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art.

62.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff.

Sept. 1, 1999.

Art. 63.007. RELEASE OF MEDICAL RECORDS. (a) At the time a

report is made for a missing child or adult, the law enforcement

officer taking the report shall give a medical record release

form to the parent, spouse, adult child, or legal guardian who is

making the report. The officer receiving the report shall endorse

the form with the notation that a missing child or missing adult

report has been made in compliance with this chapter. When the

form is properly completed by the parent, spouse, adult child, or

legal guardian, and contains the endorsement, the form is

sufficient to permit any physician, health care facility, or

other licensed health care provider in this state to release to

the law enforcement officer presenting the release dental

records, blood type, height, weight, X rays, and information

regarding scars, allergies, or any unusual illnesses suffered by

the person who is reported missing. Except as provided by

Subsection (d), a medical record of a missing child may be

released only if the medical record release form is signed by a

parent or legal guardian.

(b) At any time a report is made for an adult missing person, the

law enforcement officer taking the report shall complete a

medical release form that states that the person is missing and

that there is reason to believe that the person has not

voluntarily relocated or removed himself or herself from

communications with others. A release under this subsection is

not valid unless it is signed by the adult missing person's:

(1) spouse;

(2) adult child who is reasonably available;

(3) parent; or

(4) legal guardian.

(c) A law enforcement officer who obtains medical records under

this article shall send a copy of the records to the

clearinghouse. A law enforcement officer who obtains records

under this article, a law enforcement agency using the records,

and the clearinghouse are prohibited from disclosing the

information contained in or obtained through the medical records

unless permitted by law. Information contained in or obtained

through medical records may be used only for purposes directly

related to locating the missing person.

(d) The judge of any court of record of this state may for good

cause shown authorize the release of pertinent medical records of

a missing child or missing adult.

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

care provider releasing a medical record to a person presenting a

proper release executed or ordered under this article is immune

from civil liability or criminal prosecution for the release of

the record.

Added by Acts 1995, 74th Leg., ch. 438, Sec. 1, eff. Aug. 28,

1995. Renumbered from Human Resources Code Sec. 79.0065 and

amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,

1997. Renumbered from Vernon's Ann.C.C.P. art. 62.007 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999

Art. 63.008. MISSING CHILDREN PROGRAM. (a) The Texas Education

Agency shall develop and administer a program for the location of

missing children who may be enrolled within the Texas school

system, including nonpublic schools, and for the reporting of

children who may be missing or who may be unlawfully removed from

schools.

(b) The program shall include the use of information received

from the missing children and missing persons information

clearinghouse and shall be coordinated with the operations of

that information clearinghouse.

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

operation of the program and shall require the participation of

all school districts and accredited private schools in this

state.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.007 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.61, eff. Sept.

1, 1997. Renumbered from Human Resources Code Sec. 79.007 and

amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,

1997. Renumbered from Vernon's Ann.C.C.P. art. 62.008 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.009. LAW ENFORCEMENT REQUIREMENTS. (a) Local law

enforcement agencies, on receiving a report of a missing child or

a missing person, shall:

(1) 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

chronic dementia, including Alzheimer's dementia, whether caused

by illness, brain defect, or brain injury, immediately start an

investigation in order to determine the present location of the

child or person;

(2) if the subject of the report is a child or person other than

a child or person described by Subdivision (1), start an

investigation with due diligence in order to determine the

present location of the child or person;

(3) immediately enter the name of the child or person into the

clearinghouse, the national crime information center missing

person file if the child or person meets the center's criteria,

and the Alzheimer's Association Safe Return crisis number, if

applicable, with all available identifying features such as

dental records, fingerprints, other physical characteristics, and

a description of the clothing worn when last seen, and all

available information describing any person reasonably believed

to have taken or retained the missing child or missing person;

and

(4) inform the person who filed the report of the missing child

or missing person that the information will be entered into the

clearinghouse, the national crime information center missing

person file, and the Alzheimer's Association Safe Return crisis

number, if applicable.

(b) Information not immediately available shall be obtained by

the agency and entered into the clearinghouse and the national

crime information center file as a supplement to the original

entry as soon as possible.

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

information about all unidentified bodies into the clearinghouse

and the national crime information center unidentified person

file. A law enforcement agency shall, not later than the 10th

working day after the date the death is reported to the agency,

enter all available identifying features of the unidentified body

(fingerprints, dental records, any unusual physical

characteristics, and a description of the clothing found on the

body) into the clearinghouse and the national crime information

center file. If an information entry into the national crime

information center file results in an automatic entry of the

information into the clearinghouse, the law enforcement agency is

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

clearinghouse.

(d) If a local law enforcement agency investigating a report of a

missing child or missing person obtains a warrant for the arrest

of a person for taking or retaining the missing child or missing

person, the local law enforcement agency shall immediately enter

the name and other descriptive information of the person into the

national crime information center wanted person file if the

person meets the center's criteria. The local law enforcement

agency shall also enter all available identifying features,

including dental records, fingerprints, and other physical

characteristics of the missing child or missing person. The

information shall be cross-referenced with the information in the

national crime information center missing person file.

(e) A local law enforcement agency that has access to the

national crime information center database shall cooperate with

other law enforcement agencies in entering or retrieving

information from the national crime information center database.

(f) Immediately after the return of a missing child or missing

person or the identification of an unidentified body, the local

law enforcement agency having jurisdiction of the investigation

shall cancel the entry in the national crime information center

database.

(g) On determining the location of a child under Subsection

(a)(1) or (2), other than a child who is subject to the

continuing jurisdiction of a district court, an officer shall

take possession of the child and shall deliver or arrange for the

delivery of the child to a person entitled to possession of the

child. If the person entitled to possession of the child is not

immediately available, the law enforcement officer shall deliver

the child to the Department of Protective and Regulatory

Services.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Amended by Acts 1987, 70th Leg., ch. 657, Sec. 2, eff. June

18, 1987. Renumbered from Human Resources Code Sec. 74.008 by

Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 190, Sec. 3, eff. Aug.

28, 1989; Acts 1997, 75th Leg., ch. 51, Sec. 2, eff. May 7, 1997;

Acts 1997, 75th Leg., ch. 771, Sec. 1, eff. Sept. 1, 1997.

Renumbered from Human Resources Code Sec. 79.008 and amended by

Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.

Subsec. (a) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.11,

eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 200,

Sec. 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch.

685, Sec. 4, eff. Sept. 1, 1999; Subsec. (g) added by Acts 1999,

76th Leg., ch. 62, Sec. 3.12, eff. Sept. 1, 1999; added by Acts

1999, 76th Leg., ch. 200, Sec. 2, eff. Sept. 1, 1999; added by

Acts 1999, 76th Leg., ch. 685, Sec. 5, eff. Sept. 1, 1999.

Renumbered from Vernon's Ann.C.C.P. art. 62.009 and amended by

Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1,

1999. Subsec. (g) amended by Acts 2001, 77th Leg., ch. 1420, Sec.

3.005, eff. Sept. 1, 2001.

Art. 63.010. ATTORNEY GENERAL TO REQUIRE COMPLIANCE. The

attorney general shall require each law enforcement agency to

comply with this chapter and may seek writs of mandamus or other

appropriate remedies to enforce this chapter.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.009 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.009 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.010 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.011. MISSING CHILDREN INVESTIGATIONS. On the written

request made to a law enforcement agency by a parent, foster

parent, managing or possessory conservator, guardian of the

person or the estate, or other court-appointed custodian of a

child whose whereabouts are unknown, the law enforcement agency

shall request from the missing children and missing persons

information clearinghouse information concerning the child that

may aid the person making the request in the identification or

location of the child.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.010 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.010 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.011 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.012. REPORT OF INQUIRY. A law enforcement agency to

which a request has been made under Article 63.011 of this code

shall report to the parent on the results of its inquiry within

14 days after the day that the written request is filed with the

law enforcement agency.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.011 and

amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), (27),

eff. Sept. 1, 1987. Renumbered from Human Resources Code Sec.

79.011 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1,

eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art.

62.012 and amended by Acts 1999, 76th Leg., ch. 62, Sec.

19.01(8)(A), eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg.,

ch. 62, Sec. 19.02(1), eff. Sept. 1, 1999.

Art. 63.013. INFORMATION TO CLEARINGHOUSE. Each law enforcement

agency shall provide to the missing children and missing persons

information clearinghouse any information that would assist in

the location or identification of any missing child who has been

reported to the agency as missing.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.012 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.012 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.013 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.014. CROSS-CHECKING AND MATCHING. (a) The clearinghouse

shall cross-check and attempt to match unidentified bodies with

missing children or missing persons. When the clearinghouse

discovers a possible match between an unidentified body and a

missing child or missing person, the Department of Public Safety

shall notify the appropriate law enforcement agencies.

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

possible match shall make arrangements for positive

identification and complete and close out the investigation with

notification to the clearinghouse.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.013 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.013 by Acts 1997,

75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered from

Vernon's Ann.C.C.P. art. 62.014 by Acts 1999, 76th Leg., ch. 62,

Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.015. AVAILABILITY OF INFORMATION THROUGH OTHER AGENCIES.

(a) On the request of any law enforcement agency, a city or state

agency shall furnish the law enforcement agency with any

information about a missing child or missing person that will

assist in completing the investigation.

(b) The information given under Subsection (a) of this article is

confidential and may not be released to any other person outside

of the law enforcement agency.

Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22,

1985. Renumbered from Human Resources Code Sec. 74.014 by Acts

1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.

Renumbered from Human Resources Code Sec. 79.014 and amended by

Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.

Renumbered from Vernon's Ann.C.C.P. art. 62.015 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.016. DONATIONS. The Department of Public Safety may

accept money donated from any source to assist in financing the

activities and purposes of the missing children and missing

persons information clearinghouse.

Added by Acts 1987, 70th Leg., ch. 894, Sec. 1, eff. June 19,

1987. Renumbered from Human Resources Code Sec. 79.015 by Acts

1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered

from Vernon's Ann.C.C.P. art. 62.016 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.017. CONFIDENTIALITY OF CERTAIN RECORDS. Clearinghouse

records that relate to the investigation by a law enforcement

agency of a missing child, a missing person, or an unidentified

body and records or notations that the clearinghouse maintains

for internal use in matters relating to missing children, missing

persons, or unidentified bodies are confidential.

Added by Acts 1989, 71st Leg., ch. 190, Sec. 1, eff. Aug. 28,

1989. Renumbered from Human Resources Code Sec. 79.016 by Acts

1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered

from Vernon's Ann.C.C.P. art. 62.017 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.018. DEATH CERTIFICATES. A physician who performs a

postmortem examination on the body of an unidentified person

shall complete and file a death certificate in accordance with

Chapter 193, Health and Safety Code. The physician shall note on

the certificate the name of the law enforcement agency that

submitted the body for examination and shall send a copy of the

certificate to the clearinghouse not later than the 10th working

day after the date the physician files the certificate.

Added by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,

1997. Renumbered from Vernon's Ann.C.C.P. art. 62.018 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.

Art. 63.019. SCHOOL RECORDS SYSTEM. (a) On enrollment of a child

under 11 years of age in a school for the first time at the

school, the school shall:

(1) request from the person enrolling the child the name of each

previous school attended by the child;

(2) request from each school identified in Subdivision (1), the

school records for the child and, if the person enrolling the

child provides copies of previous school records, request

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

date, and grades and dates attended; and

(3) notify the person enrolling the student that not later than

the 30th day after enrollment, or the 90th day if the child was

not born in the United States, the person must provide:

(A) a certified copy of the child's birth certificate; or

(B) other reliable proof of the child's identity and age and a

signed statement explaining the person's inability to produce a

copy of the child's birth certificate.

(b) If a person enrolls a child under 11 years of age in school

and does not provide the valid prior school information or

documentation required by this section, the school shall notify

the appropriate law enforcement agency before the 31st day after

the person fails to comply with this section. On receipt of

notification, the law enforcement agency shall immediately check

the clearinghouse to determine if the child has been reported

missing. If the child has been reported missing, the law

enforcement agency shall immediately notify other appropriate law

enforcement agencies that the missing child has been located.

Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1997. Renumbered from Human Resources Code Sec. 79.017 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.

Art. 63.020. DUTY OF SCHOOLS AND OTHER ENTITIES TO FLAG MISSING

CHILDREN'S RECORDS. (a) When a report that a child under 11

years of age is missing is received by a law enforcement agency,

the agency shall immediately notify each school and day care

facility that the child attended or in which the child was

enrolled as well as the bureau of vital statistics, if the child

was born in the state, that the child is missing.

(b) On receipt of notice that a child under 11 years of age is

missing, the bureau of vital statistics shall notify the

appropriate municipal or county birth certificate agency that the

child is missing.

(c) A school, day care facility, or birth certificate agency that

receives notice concerning a child under this section shall flag

the child's records that are maintained by the school, facility,

or agency.

(d) The law enforcement agency shall notify the clearinghouse

that the notification required under this section has been made.

The clearinghouse shall provide the notice required under this

section if the clearinghouse determines that the notification has

not been made by the law enforcement agency.

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

of a missing child report made in this state, was born in or

attended a school or licensed day care facility in another state,

the law enforcement agency shall notify law enforcement or the

missing and exploited children clearinghouse in each appropriate

state regarding the missing child and request the law enforcement

agency or clearinghouse to contact the state birth certificate

agency and each school or licensed day care facility the missing

child attended to flag the missing child's records.

Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1997. Renumbered from Human Resources Code Sec. 79.018 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999

Art. 63.021. SYSTEM FOR FLAGGING RECORDS. (a) On receipt of

notification by a law enforcement agency or the clearinghouse

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

care facility, or birth certificate agency shall maintain the

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

regarding the child, the school, day care facility, or agency

will be able to notify law enforcement or the clearinghouse that

a request for a flagged record has been made.

(b) When a request concerning a flagged record is made in person,

the school, day care facility, or agency may not advise the

requesting party that the request concerns a missing child and

shall:

(1) require the person requesting the flagged record to complete

a form stating the person's name, address, telephone number, and

relationship to the child for whom a request is made and the

name, address, and birth date of the child;

(2) obtain a copy of the requesting party's driver's license or

other photographic identification, if possible;

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

requesting party that a copy of a certificate will be sent by

mail; and

(4) immediately notify the appropriate law enforcement agency

that a request has been made concerning a flagged record and

include a physical description of the requesting party, the

identity and address of the requesting party, and a copy of the

requesting party's driver's license or other photographic

identification.

(c) After providing the notification required under Subsection

(a)(4), the school, day care facility, or agency shall mail a

copy of the requested record to the requesting party on or after

the 21st day after the date of the request.

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

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

the party that the request concerns a missing child and shall

immediately notify the appropriate law enforcement agency that a

request has been made concerning a flagged record and provide to

the law enforcement agency a copy of the written request. After

providing the notification under this subsection, the school, day

care facility, or agency shall mail a copy of the requested

record to the requesting party on or after the 21st day after the

date of the request.

Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1997. Renumbered from Human Resources Code Sec. 79.019 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.

Art. 63.022. REMOVAL OF FLAG FROM RECORDS. (a) On the return of

a missing child under 11 years of age, the law enforcement agency

shall notify each school or day care facility that has maintained

flagged records for the child and the bureau of vital statistics

that the child is no longer missing. The law enforcement agency

shall notify the clearinghouse that notification under this

section has been made. The bureau of vital statistics shall

notify the appropriate municipal or county birth certificate

agency. The clearinghouse shall notify the school, day care

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

no longer missing if the clearinghouse determines that the

notification was not provided by the law enforcement agency.

(b) On notification by the law enforcement agency or the

clearinghouse that a missing child has been recovered, the

school, day care facility, or birth certificate agency that

maintained flagged records shall remove the flag from the

records.

(c) A school, day care facility, or birth certificate agency that

has reason to believe a missing child has been recovered may

request confirmation that the missing child has been recovered

from the appropriate law enforcement agency or the clearinghouse.

If a response is not received after the 45th day after the date

of the request for confirmation, the school, day care facility,

or birth certificate agency may remove the flag from the record

and shall inform the law enforcement agency or the clearinghouse

that the flag has been removed.

Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1997. Renumbered from Human Resources Code Sec. 79.020 by Acts

1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.

SUBCHAPTER B. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT

FORT WORTH MISSING PERSONS DNA DATABASE

Art. 63.051. DEFINITIONS. In this subchapter:

(1) "Board" means the board of regents of the University of

North Texas System.

(2) "Center" means the University of North Texas Health Science

Center at Fort Worth.

(3) "DNA" means deoxyribonucleic acid.

(4) "DNA database" means the database containing forensic DNA

analysis results, including any known name of the person who is

the subject of the forensic DNA analysis, that is maintained by

the center.

(5) "High-risk missing person" means:

(A) a person missing as a result of an abduction by a stranger;

(B) a person missing under suspicious or unknown circumstances;

or

(C) a person who has been missing more than 30 days, or less

than 30 days at the discretion of the investigating agency, if

there is reason to believe that the person is in danger or

deceased.

(6) "Law enforcement agency" means the law enforcement agency

primarily responsible for investigating a report of a high-risk

missing person.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.052. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR

UNIDENTIFIED PERSONS. (a) The board shall develop at the

University of North Texas Health Science Center at Fort Worth a

DNA database for any case based on the report of unidentified

human remains or a report of a high-risk missing person.

(b) The sole purpose of the database is to identify unidentified

human remains and high-risk missing persons.

(c) The database is separate from the database established by

the Department of Public Safety under Subchapter G, Chapter 411,

Government Code.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.053. INFORMATION STORED IN DATABASE. (a) The database

required in Article 63.052 may contain only DNA genetic markers

that are commonly recognized as appropriate for human

identification. Except to the extent that those markers are

appropriate for human identification, the database may not

contain DNA genetic markers that predict biological function.

The center shall select the DNA genetic markers for inclusion in

the DNA database based on existing technology for forensic DNA

analysis.

(b) The results of the forensic DNA analysis must be compatible

with the CODIS DNA database established by the Federal Bureau of

Investigation and the center must make the results available for

inclusion in that database.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.054. COMPARISON OF SAMPLES. The center shall compare

DNA samples taken from unidentified human remains with DNA

samples taken from personal articles belonging to high-risk

missing persons or from parents of high-risk missing persons or

other appropriate persons.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.055. STANDARDS COLLECTION; STORAGE. In consultation

with the center, the board by rule shall develop standards and

guidelines for the collection of DNA samples submitted to the

center and the center's storage of DNA samples.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.056. COLLECTION OF SAMPLES FROM UNIDENTIFIED HUMAN

REMAINS. (a) A physician acting on the request of a justice of

the peace under Subchapter A, Chapter 49, a county coroner, a

county medical examiner, or other law enforcement entity, as

appropriate, shall collect samples from unidentified human

remains. The justice of the peace, coroner, medical examiner, or

other law enforcement entity shall submit those samples to the

center for forensic DNA analysis and inclusion of the results in

the DNA database.

(b) After the center has performed the forensic DNA analysis,

the center shall return the remaining sample to the entity that

submitted the sample under Subsection (a).

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.057. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY

APPROPRIATE PERSONS REGARDING PROVISION OF VOLUNTARY SAMPLE. Not

later than the 30th day after the date a report of a high-risk

missing person is filed, the law enforcement agency shall inform

a parent or any other person considered appropriate by the agency

that the person may provide:

(1) a DNA sample for forensic DNA analysis; or

(2) for purposes of DNA sampling, a personal article belonging

to the high-risk missing person.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.058. RELEASE FORM. (a) The center shall develop a

standard release form that authorizes a parent or other

appropriate person to voluntarily provide under Article 63.057 a

DNA sample or a personal article for purposes of DNA sampling.

The release must explain that the DNA sample is to be used only

to identify the high-risk missing person.

(b) A law enforcement agency may not use any form of incentive

or coercion to compel the parent or other appropriate person to

provide a sample or article under this subchapter.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.059. PROTOCOL FOR OBTAINING SAMPLES RELATING TO

HIGH-RISK MISSING PERSONS. (a) The law enforcement agency shall

take DNA samples from parents or other appropriate persons under

Article 63.057 in any manner prescribed by the center.

(b) The center shall develop a model kit to be used by a law

enforcement agency to take DNA samples from parents or other

appropriate persons.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.060. SUBMISSION OF SAMPLE TO CENTER. (a) Before

submitting to the center a DNA sample obtained under Article

63.057, the law enforcement agency shall reverify the status of a

high-risk missing person.

(b) As soon as practicable after a DNA sample is obtained, the

law enforcement agency shall submit the DNA sample, a copy of the

missing person's report, and any supplemental information to the

center.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.061. DESTRUCTION OF SAMPLES. All DNA samples extracted

from a living person shall be destroyed after a positive

identification is made and a report is issued.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.062. CONFIDENTIALITY. (a) Except as provided by

Subsection (b), the results of a forensic DNA analysis performed

by the center are confidential.

(b) The center may disclose the results of a forensic DNA

analysis only to:

(1) personnel of the center;

(2) law enforcement agencies;

(3) justices of the peace, coroners, medical examiners, or other

law enforcement entities submitting a sample to the center under

Article 63.056;

(4) attorneys representing the state; and

(5) a parent or other appropriate person voluntarily providing a

DNA sample or an article under Article 63.057.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.063. CRIMINAL PENALTY. (a) A person who collects,

processes, or stores a DNA sample from a living person for

forensic DNA analysis under this subchapter commits an offense if

the person intentionally violates Article 63.061 or 63.062.

(b) An offense under this section is a Class B misdemeanor.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.064. CIVIL PENALTY. A person who collects, processes,

or stores a DNA sample from a living person for forensic DNA

analysis under this subchapter and who intentionally violates

Article 63.061 or 63.062 is liable in civil damages to the donor

of the DNA in the amount of $5,000 for each violation, plus

reasonable attorney's fees and court costs.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.065. MISSING PERSONS DNA DATABASE FUND. (a) The

missing persons DNA database fund is a separate account in the

general revenue fund.

(b) Notwithstanding Article 56.54(g), the legislature may

appropriate money in the compensation to victims of crime fund

and the compensation to victims of crime auxiliary fund to fund

the University of North Texas Health Science Center at Fort Worth

missing persons DNA database. Legislative appropriations under

this subsection shall be deposited to the credit of the account

created under Subsection (a).

(c) Money in the account may be used only for purposes of

developing and maintaining the DNA database as described by this

section.

(d) The center may use money in the account only to:

(1) establish and maintain center infrastructure;

(2) pay the costs of DNA sample storage, forensic DNA analysis,

and labor costs for cases of high-risk missing persons and

unidentified human remains;

(3) reimburse counties for the purposes of pathology and

exhumation as considered necessary by the center;

(4) publicize the DNA database for the purpose of contacting

parents and other appropriate persons so that they may provide a

DNA sample or a personal article for DNA sampling;

(5) educate law enforcement officers about the DNA database and

DNA sampling; and

(6) provide outreach programs related to the purposes of this

chapter.

(e) Section 403.095(b), Government Code, does not apply to the

account established under Subsection (a).

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.

Art. 63.066. BACKLOG OF UNIDENTIFIED HUMAN REMAINS: ADVISORY

COMMITTEE AND OUTSOURCING. (a) The center shall create an

advisory committee, consisting of medical examiners, law

enforcement officials, and other interested persons as determined

appropriate by the center, to impose priorities regarding the

identification of the backlog of high-risk missing person cases

and unidentified human remains.

(b) The center shall use any available federal funding to assist

in reducing the backlog of high-risk missing person cases and

unidentified human remains.

(c) The reduction of the backlog may be outsourced to other

appropriate laboratories at the center's discretion.

Transferred from Education Code, Subchapter I, Chapter 105 by

Acts 2005, 79th Leg., Ch.

319, Sec. 2, eff. June 17, 2005.