Relating to the reporting by law enforcement agencies of missing children to the National Center for Missing and Exploited Children.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Public Safety • Municipal Law Enforcement Agencies • County Law Enforcement Agencies
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025
Compliance Deadline: June 20, 2025 (Operations must be compliant immediately upon enactment).
Agency Rulemaking: No specific rulemaking period is allocated; the statute is self-executing. Agencies must rely on existing NCMEC data exchange standards immediately.
Immediate Action Plan
Update SOPs: Revise Standard Operating Procedures to mandate NCMEC entry concurrent with TLETS/NCIC entry.
Audit Software: Test current CAD/RMS capabilities; demand immediate patches from vendors if NCMEC integration is slow or manual.
Train Staff: Conduct roll-call training to ensure officers understand they must collect and transmit "identifying features" during the initial intake.
Verify Insurance: Confirm that Law Enforcement Liability (LEL) insurance policies cover administrative errors regarding statutory reporting deadlines.
Operational Changes Required
Contracts
Software Vendors (CAD/RMS): Review Master Services Agreements (MSAs) with GovTech vendors immediately. If your current dispatch software does not support automated or streamlined NCMEC integration, the vendor is creating a compliance bottleneck.
Inter-local Agreements: MOUs for shared dispatch services (e.g., a university relying on a municipal PD) must be amended to clarify *which* entity bears the statutory duty to report to NCMEC. Do not assume the partner agency is handling this.
Hiring/Training
Intake Protocols: Issue immediate training bulletins to all dispatchers and sworn officers regarding the "two-hour hard stop."
Mandatory Scripting: Staff must be trained to inform the reporting party (parent/guardian) that NCMEC entry is now mandatory, not discretionary, as required by Section 1(a)(6).
Reporting & Record-Keeping
Audit Trails: Update incident report forms to include a specific timestamp field for "NCMEC Transmission Confirmation."
Data Integrity: Case files must document that all "available identifying features" (dental, fingerprints, clothing) were transmitted. Partial data entry to "beat the clock" is a liability risk; officers must request this data during the initial call.
Fees & Costs
Budget Impact: No statutory filing fees. However, budget for potential expedited software development costs if your current RMS vendor requires custom coding to meet the June 20 deadline.
Strategic Ambiguities & Considerations
"Immediately" vs. "Two Hours": The statute mandates reporting "immediately, but not later than two hours." Legal counsel should advise operations that "two hours" is the violation threshold, not the standard operating procedure. Delaying report entry until the 1 hour 59 minute mark without cause may still constitute a failure to report "immediately."
Technical Outages: The law does not provide a safe harbor for internet or system outages. Protocols must define manual reporting alternatives (phone/fax) to NCMEC to mitigate negligence arguments during technical failures.
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Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE
While current state law requires law enforcement agencies in Texas to enter missing child report information into certain state and federal databases, there is no explicit requirement for these agencies to enter this information into the National Center for Missing and Exploited Children (NCMEC). Notifying NCMEC could ensure broader awareness and mobilization of resources for child recovery efforts. Additionally, without such an explicit requirement, some missing child cases may not receive the full national attention they require, potentially delaying recovery efforts. H.B. 908 seeks to enhance the effectiveness of missing child investigations, improve coordination in locating missing children, and ensure compliance with national best practices by mandating that law enforcement agencies in Texas promptly enter missing child report information into NCMEC after receiving the report.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 908 amends the Code of Criminal Procedure to require a law enforcement agency, on receiving a report of a missing child and regardless of the jurisdiction in which the child went missing, to enter the applicable information relating to the report into the National Center for Missing and Exploited Children (NCMEC) immediately, but not later than two hours after the agency receives the report, and to inform the person who filed the report that the information will be entered into NCMEC.
H.B. 908 repeals Article 63.00905(a), Code of Criminal Procedure, as added by Chapter 979 (S.B. 2429), Acts of the 88th Legislature, Regular Session, 2023, to eliminate a duplicate provision.
Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB908 by Spiller (Relating to the reporting by law enforcement agencies of missing children to the National Center for Missing and Exploited Children.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
405 Department of Public Safety
LBB Staff: b > td >
JMc, MGol, CSh, KVEL
Related Legislation
Explore more bills from this author and on related topics
HB 908 mandates a strict two-hour deadline for all Law Enforcement Agencies (LEAs) to report missing children to the National Center for Missing and Exploited Children (NCMEC), effective June 20, 2025. This requirement creates immediate liability for member organizations with commissioned police departments (e. g.
Q
Who authored HB908?
HB908 was authored by Texas Representative David Spiller during the Regular Session.
Q
When was HB908 signed into law?
HB908 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB908?
HB908 is enforced by Texas Department of Public Safety, Municipal Law Enforcement Agencies and County Law Enforcement Agencies.
Q
How urgent is compliance with HB908?
The compliance urgency for HB908 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB908?
The cost impact of HB908 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB908 address?
HB908 addresses topics including criminal procedure, criminal procedure--general, law enforcement, minors and minors--crimes against.
Legislative data provided by LegiScanLast updated: November 25, 2025
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