Tex.
Code of Crim. Proc. Article 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.
Source:
Article 63.021 — System for Flagging Records, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.63.htm#63.021 (accessed Apr. 29, 2024).
