H.B. No. 1793

	AN ACT
	relating to reports of certain missing children and to the
	administration of missing or exploited children prevention grants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 63.009(a), Code of Criminal Procedure,
	is amended to read as follows:
	(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 at a high risk of harm or is otherwise
	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, but not later than two hours after
	receiving the report, 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.
	SECTION 2.  Article 63.0091, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 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; [or]
	(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 under 14 years of age and otherwise determined
	by the local law enforcement agency or the Department of Public
	Safety to be at a high risk of human trafficking, sexual assault,
	exploitation, abuse, or neglectful supervision.
	(b)  The rules adopted under this article must require that
	in entering information regarding the report into the national
	crime information center missing person file as required by Article
	63.009(a)(3) 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
	[endangered] and include relevant information regarding any [the]
	prior occasions on which the child was reported missing.
	(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) 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).
	SECTION 3.  Subchapter A, Chapter 63, Code of Criminal
	Procedure, is amended by adding Article 63.0092 to read as follows:
	Art. 63.0092.  OPTION TO DESIGNATE MISSING CHILD AS HIGH
	RISK. (a) This article applies to a report of a missing child who is
	at least 14 years of age and who a local law enforcement agency or
	the Department of Public Safety determines is at a high risk of
	human trafficking, sexual assault, exploitation, abuse, or
	neglectful supervision.
	(b)  In entering information regarding a report described by
	Subsection (a) into the national crime information center missing
	person file as required by Article 63.009(a)(3), the local law
	enforcement agency may indicate that the child is at a high risk of
	harm and may include any other relevant information.
	SECTION 4.  Section 411.0133, Government Code, is
	transferred to Chapter 772, Government Code, redesignated as
	Section 772.0072, Government Code, and amended to read as follows:
	Sec. 772.0072  [411.0133].  MISSING OR EXPLOITED CHILDREN
	PREVENTION GRANTS. (a)  In this section, "nonprofit organization"
	means an organization exempt from federal income taxation under
	Section 501(a), Internal Revenue Code of 1986, as an organization
	described by Section 501(c)(3) of that code [has the meaning
	assigned by Section 403.351].
	(b)  This section applies to a nonprofit organization that is
	formed to offer programs and provide information to parents or
	other legal custodians, children, schools, public officials,
	organizations serving youths, nonprofit organizations, and the
	general public concerning child safety and Internet safety and the
	prevention of child abductions and child sexual exploitation.
	(c)  The criminal justice division established under Section
	772.006 [department] may award a grant to a nonprofit organization
	described by Subsection (b) that is operating in this state to
	provide programs and information described by that subsection to
	assist the Department of Public Safety [department] in the
	performance of its [the department's] duties related to missing or
	exploited children, including any duty related to the missing
	children and missing persons information clearinghouse under
	Chapter 63, Code of Criminal Procedure.
	[(d)     The department may adopt rules to implement this
	section.]
	SECTION 5.  Articles 63.009(a) and 63.0091, Code of Criminal
	Procedure, as amended by this Act, and Article 63.0092, Code of
	Criminal Procedure, as added by this Act, apply only to a missing
	child report that is received by a law enforcement agency on or
	after the effective date of this Act. A report that is received
	before the effective date of this Act is governed by the law in
	effect on the date the report was received, and the former law is
	continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1793 was passed by the House on April
	16, 2015, by the following vote:  Yeas 146, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1793 was passed by the Senate on May
	26, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor