Tex. Code of Crim. Proc. Article 63.0091
Law Enforcement Requirements Regarding Reports of Certain Missing Children


(a)

The public safety director of the Department of Public Safety shall adopt rules regarding the procedures for a local law enforcement agency on receiving a report of a missing child who:

(1)

had been reported missing on four or more occasions in the 24-month period preceding the date of the current report;

(2)

is in foster care or in the conservatorship of the Department of Family and Protective Services and had been reported missing on two or more occasions in the 24-month period preceding the date of the current report; or

(3)

is at a high risk of human trafficking, sexual assault, exploitation, abuse, or neglectful supervision for any reason the agency considers to be high risk, including because the missing child:

(A)

disappeared while in a dangerous environment;

(B)

has mental or behavioral health needs;

(C)

previously exhibited signs of mental illness;

(D)

has an intellectual or developmental disability; or

(E)

is known to have been last seen or in communication with an adult unknown to the child’s family or legal guardian.

(b)

The rules adopted under this article must require that:

(1)

in entering information regarding the report into the national crime information center missing person file as required by Article 63.00905(a)(2) for a missing child described by Subsection (a), the local law enforcement agency shall indicate, in the manner specified in the rules, that the child is at a high risk of harm and include relevant information regarding:

(A)

any prior occasions on which the child was reported missing; and

(B)

the circumstances considered when designating the child as high risk; and

(2)

the local law enforcement agency that receives a report of a missing child described by Subsection (a)(3) shall:

(A)

reasonably escalate the response; and

(B)

immediately, but not later than two hours after receiving the report, notify all law enforcement agencies within 100 miles, including agencies from other states, of the circumstances and high risk designation of the missing child.

(c)

If, at the time the initial entry into the national crime information center missing person file is made, the local law enforcement agency has not determined that the requirements of this article apply to the report of the missing child, the information required by Subsection (b)(1) must be added to the entry promptly after the agency investigating the report or the Department of Public Safety determines that the missing child is described by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 745 (H.B. 1793), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 6, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 979 (S.B. 2429), Sec. 5, eff. September 1, 2023.

Source: Article 63.0091 — Law Enforcement Requirements Regarding Reports of Certain Missing Children, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­63.­htm#63.­0091 (accessed Jun. 5, 2024).

63.001
Definitions
63.002
Missing Children and Missing Persons Information Clearinghouse
63.003
Function of Clearinghouse
63.004
Report Forms
63.005
Distribution of Information
63.006
Release of Dental Records
63.007
Release of Medical Records
63.008
Missing Children Program
63.009
Law Enforcement Requirements Generally
63.010
Attorney General to Require Compliance
63.011
Missing Children Investigations
63.012
Report of Inquiry
63.013
Information to Clearinghouse
63.014
Cross-checking and Matching
63.0015
Presumption Regarding Parentage
63.015
Availability of Information Through Other Agencies
63.0016
Attempted Child Abduction by Relative
63.016
Donations
63.017
Confidentiality of Certain Records
63.018
Death Certificates
63.019
School Records System
63.020
Duty of Schools and Other Entities to Flag Missing Children’s Records
63.021
System for Flagging Records
63.022
Removal of Flag from Records
63.0041
Reporting of Attempted Child Abduction
63.051
Definitions
63.052
Establishment of Dna Database for Missing or Unidentified Persons
63.053
Information Stored in Database
63.054
Comparison of Samples
63.055
Standards Collection
63.056
Collection of Samples from Unidentified Human Remains
63.057
Duty of Law Enforcement Agency to Notify Appropriate Persons Regarding Provision of Voluntary Sample
63.058
Release Form
63.059
Protocol for Obtaining Samples Relating to High-risk Missing Persons
63.060
Submission of Sample to Center
63.061
Destruction of Samples
63.062
Confidentiality
63.063
Criminal Penalty
63.064
Civil Penalty
63.065
Missing Persons Dna Database Fund
63.066
Backlog of Unidentified Human Remains: Advisory Committee and Outsourcing
63.0091
Law Enforcement Requirements Regarding Reports of Certain Missing Children
63.0515
Criminal Justice Agency

Accessed:
Jun. 5, 2024

Art. 63.0091’s source at texas​.gov