2009 Texas Code
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 63. MISSING CHILDREN AND MISSING PERSONS
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.
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