Tex. Code of Crim. Proc. Article 63.001

In this chapter:


“Abduct” has the meaning assigned by Section 20.01 (Definitions), Penal Code.


“Child” means a person under 18 years of age.


“Missing person” means a person 18 years old or older whose disappearance is possibly not voluntary.


“Missing child” means a child whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that:


the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law;


the child voluntarily left the care and control of the custodian without the custodian’s consent and without intent to return;


the child was taken or retained in violation of the terms of a court order for possession of or access to the child; or


the child was taken or retained without the permission of the custodian and with the effect of depriving the custodian of possession of or access to the child unless the taking or retention of the child was prompted by the commission or attempted commission of family violence, as defined by Section 71.004 (Family Violence), Family Code, against the child or the actor.


“Missing child” or “missing person” also includes a person of any age who is missing and:


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;


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


is unemancipated as defined by the law of this state.


“Missing child or missing person report” means information that is:


given to a law enforcement agency on a form used for sending information to the national crime information center; and


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.


“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.


“Clearinghouse” means the missing children and missing persons information clearinghouse.


“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.


“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.


“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.


“Birth certificate agency” means a municipal or county official that records and maintains birth certificates and the bureau of vital statistics.


“Bureau of vital statistics” means the bureau of vital statistics of the Texas Department of Health.


“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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 840 (H.B. 3439), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1019 (H.B. 2662), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1100 (S.B. 1551), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 1, eff. September 1, 2013.

Source: Article 63.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­63.­htm#63.­001 (accessed Jun. 5, 2024).

Missing Children and Missing Persons Information Clearinghouse
Function of Clearinghouse
Report Forms
Distribution of Information
Release of Dental Records
Release of Medical Records
Missing Children Program
Law Enforcement Requirements Generally
Attorney General to Require Compliance
Missing Children Investigations
Report of Inquiry
Information to Clearinghouse
Cross-checking and Matching
Presumption Regarding Parentage
Availability of Information Through Other Agencies
Attempted Child Abduction by Relative
Confidentiality of Certain Records
Death Certificates
School Records System
Duty of Schools and Other Entities to Flag Missing Children’s Records
System for Flagging Records
Removal of Flag from Records
Reporting of Attempted Child Abduction
Establishment of Dna Database for Missing or Unidentified Persons
Information Stored in Database
Comparison of Samples
Standards Collection
Collection of Samples from Unidentified Human Remains
Duty of Law Enforcement Agency to Notify Appropriate Persons Regarding Provision of Voluntary Sample
Release Form
Protocol for Obtaining Samples Relating to High-risk Missing Persons
Submission of Sample to Center
Destruction of Samples
Criminal Penalty
Civil Penalty
Missing Persons Dna Database Fund
Backlog of Unidentified Human Remains: Advisory Committee and Outsourcing
Law Enforcement Requirements Regarding Reports of Certain Missing Children
Criminal Justice Agency

Jun. 5, 2024

Art. 63.001’s source at texas​.gov