| 1 | 1 | | 81R13735 PEP-D |
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| 2 | 2 | | By: Pickett H.B. No. 2522 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the circumstances under which the Department of Public |
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| 8 | 8 | | Safety may issue a silver alert for a missing senior citizen. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.383(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) The director shall adopt rules and issue directives as |
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| 13 | 13 | | necessary to ensure proper implementation of the alert. The rules |
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| 14 | 14 | | and directives must include: |
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| 15 | 15 | | (1) the procedures to be used by a local law |
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| 16 | 16 | | enforcement agency to verify whether a senior citizen: |
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| 17 | 17 | | (A) is missing; and |
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| 18 | 18 | | (B) has an impaired mental condition; |
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| 19 | 19 | | (2) a description of the circumstances under which a |
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| 20 | 20 | | local law enforcement agency is required or authorized to report a |
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| 21 | 21 | | missing senior citizen to the department; and |
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| 22 | 22 | | (3) the procedures to be used by an individual or |
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| 23 | 23 | | entity to report information about a missing senior citizen to |
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| 24 | 24 | | designated media outlets in Texas. |
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| 25 | 25 | | SECTION 2. Subchapter M, Chapter 411, Government Code, is |
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| 26 | 26 | | amended by adding Section 411.3865 to read as follows: |
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| 27 | 27 | | Sec. 411.3865. MISSING SENIOR CITIZEN IN IMMINENT DANGER. |
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| 28 | 28 | | The director shall adopt rules authorizing a local law enforcement |
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| 29 | 29 | | agency to request the issuance of an alert under this subchapter for |
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| 30 | 30 | | a missing senior citizen whose life may be in imminent danger, |
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| 31 | 31 | | regardless of whether the agency is able to verify the information |
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| 32 | 32 | | otherwise required by Section 411.386(a)(2). |
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| 33 | 33 | | SECTION 3. Section 411.387(a), Government Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (a) When a local law enforcement agency provides notice of a |
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| 36 | 36 | | missing senior citizen to [notifies] the department under Section |
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| 37 | 37 | | 411.386 or 411.3865, the department shall confirm the accuracy of |
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| 38 | 38 | | the information provided with the notice and, if confirmed, |
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| 39 | 39 | | immediately issue an alert under this subchapter in accordance with |
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| 40 | 40 | | department rules. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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