Texas Code of Criminal Procedure - Article 63.001. Definitions
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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 V.T.C.A., 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 V.T.C.A.,
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.
Article: 62.402 62.403 62.404 62.405 62.406 62.407 62.408 63.001 63.0015 63.002 63.003 63.004 63.005 63.006 63.007
Last modified: August 10, 2007
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