By: Anderson of Dallas H.B. No. 1075
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of certain alert systems into a
1-3 single statewide alert system and to the addition of other factors
1-4 that will prompt an alert under the consolidated system.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Subchapter L, Chapter 411,
1-7 Government Code, is amended to read as follows:
1-8 SUBCHAPTER L. STATEWIDE [AMERICA'S MISSING: BROADCAST EMERGENCY
1-9 RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN AND MISSING
1-10 INCAPACITATED PERSONS]
1-11 SECTION 2. Section 411.351, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 411.351. DEFINITIONS. In this subchapter:
1-14 (1) "Abducted child" means a child 17 years of age or
1-15 younger whose whereabouts are unknown and whose disappearance poses
1-16 a credible threat to the safety and health of the child, as
1-17 determined by a local law enforcement agency. The term includes any
1-18 child who did not depart willingly with the other person or who,
1-19 regardless of whether the child departed willingly with the other
1-20 person, is younger than 14 years of age. In either case, the child
1-21 must have been taken from the care and custody of the child's
1-22 parent, or legal guardian, or primary care giver without the
1-23 permission of the parent, or legal guardian, or primary care giver
1-24 by another person who is:
2-1 (A) more than three years older than the child;
2-2 and
2-3 (B) not related to the child by any degree of
2-4 consanguinity or affinity as defined under Subchapter B, Chapter
2-5 573.
2-6 (2) "Alert system" means the statewide [America's
2-7 Missing: Broadcast Emergency Response (AMBER)] alert system
2-8 established under Section 411.352 [for abducted children and
2-9 missing incapacitated persons].
2-10 (3) "Incapacitated person" means a person who,:
2-11 (A) is 65 years of age or older and has an
2-12 impaired mental condition; or
2-13 (B) because of a diagnosed intellectual and
2-14 developmental disability mental condition, is substantially unable
2-15 to provide food, clothing, or shelter for himself or herself or to
2-16 care for the person's own physical health and well-being.
2-17 (4) "Local law enforcement agency" means a local law
2-18 enforcement agency with jurisdiction over the investigation of:
2-19 (A) the abduction of a child; or
2-20 (B) a missing incapacitated person.
2-21 (5) [(4)] "Serious bodily injury" has the meaning
2-22 assigned by Section 1.07, Penal Code.
2-23 SECTION 3. Section 411.352, Government Code, is amended to
2-24 read as follows:
2-25 Sec. 411.352. STATEWIDE [AMERICA'S MISSING: BROADCAST
2-26 EMERGENCY RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN AND
2-27 MISSING INCAPACITATED PERSONS]. With the cooperation of the Texas
3-1 Department of Transportation, the office of the governor, and other
3-2 appropriate law enforcement agencies in this state, the department
3-3 shall develop and implement a statewide alert system to be
3-4 activated on behalf of an abducted child or a missing incapacitated
3-5 person.
3-6 SECTION 4. Section 411.355, Government Code, is amended to
3-7 read as follows:
3-8 Sec. 411.355. ACTIVATION OF ALERT. (a) On establishing
3-9 that the criteria under Section 411.3551 or 411.3552 have been
3-10 satisfied,[the request of] a local law enforcement agency[, the
3-11 department] shall immediately request the activation of the
3-12 appropriate alert by the department and shall provide to the
3-13 department all the information necessary to support the agency's
3-14 request.
3-15 (b) On verifying the accuracy of the information provided by
3-16 a local law enforcement agency to the department under Subsection
3-17 (a), the department shall immediately activate the alert [system]
3-18 and notify appropriate participants in the alert system, as
3-19 established by department rule.[, if:
3-20 [(1) the local law enforcement agency believes that a
3-21 child has been abducted, including a child who:
3-22 [(A) is younger than 14 years of age; and
3-23 [(B) regardless of whether the child departed
3-24 willingly with the other person, has been taken from the care and
3-25 custody of the child's parent or legal guardian without the
3-26 permission of the parent or legal guardian by another person who is:
3-27 [(i) more than three years older than the
4-1 child; and
4-2 [(ii) not related to the child by any degree
4-3 of consanguinity or affinity as defined under Subchapter B, Chapter
4-4 573, Government Code;
4-5 [(2) the local law enforcement agency believes that
4-6 the abducted child is in immediate danger of serious bodily injury
4-7 or death or of becoming the victim of a sexual assault;
4-8 [(3) the local law enforcement agency confirms that a
4-9 preliminary investigation has taken place that verifies the
4-10 abduction and eliminates alternative explanations for the child's
4-11 disappearance; and
4-12 [(4) sufficient information is available to
4-13 disseminate to the public that could assist in locating the child, a
4-14 person suspected of abducting the child, or a vehicle suspected of
4-15 being used in the abduction].
4-16 (c) In activating an alert, the [(b) The] department shall
4-17 send [may modify the criteria described by Subsection (a) as
4-18 necessary for the proper implementation of] the alert to designated
4-19 media outlets in Texas [system]. Following receipt of the alert,
4-20 participating radio stations, television stations, and other media
4-21 outlets may issue the alert at designated intervals to assist in
4-22 locating the abducted child or missing incapacitated person.
4-23 (d) An alert must include:
4-24 (1) all appropriate information that is provided by
4-25 the local law enforcement agency and that may lead to the safe
4-26 location or recovery of the abducted child or missing incapacitated
4-27 person; and
5-1 (2) a statement instructing any person with
5-2 information related to the abducted child or missing incapacitated
5-3 person to contact a local law enforcement agency.
5-4 SECTION 5. Subchapter L, Chapter 411, Government Code, is
5-5 amended by adding Sections 411.3551 and 411.3552 to read as
5-6 follows:
5-7 Sec. 411.3551. CRITERIA FOR ALERT REGARDING ABDUCTED CHILD.
5-8 To activate an alert regarding an abducted child under Section
5-9 411.355, the following criteria must be satisfied:
5-10 (1) the local law enforcement agency must believe that
5-11 a child has been abducted;
5-12 (2) the local law enforcement agency must believe that
5-13 the abducted child is in immediate danger of serious bodily injury
5-14 or death or of becoming the victim of a sexual assault;
5-15 (3) the local law enforcement agency must confirm that
5-16 a preliminary investigation has taken place that verifies the
5-17 abduction and eliminates alternative explanations for the child's
5-18 disappearance; and
5-19 (4) sufficient information must be available to
5-20 disseminate to the public that could assist in locating or
5-21 recovering the child, a person suspected of abducting the child, or
5-22 a vehicle suspected of being used in the abduction.
5-23 Sec. 411.3552. CRITERIA FOR ALERT REGARDING MISSING
5-24 INCAPACITATED PERSON. (a) To activate an alert regarding a missing
5-25 incapacitated person under Section 411.355, the following criteria
5-26 must be satisfied:
5-27 (1) at the time the incapacitated person is reported
6-1 missing:
6-2 (A) the person reported missing:
6-3 (i)must be 65 years of age or older and have an impaired mental condition; or
6-4 have an impaired mental condition; or
6-5 (ii) must have a diagnosed intellectual and
6-6 developmental disability mental condition that causes the person to
6-7 be substantially unable to provide food, clothing, or shelter for
6-8 himself or herself or to care for the person's own physical health;
6-9 (B) the person's location must be unknown; and
6-10 (C) the person's domicile must be Texas; and
6-11 (2) the person's disappearance must pose a credible
6-12 threat to the person's health and safety.
6-13 (b) A local law enforcement agency that reports a missing
6-14 incapacitated person shall:
6-15 (1) require the family, or legal guardian, or primary
6-16 care giver of the person to provide documentation of the person's
6-17 intellectual and developmental disability mental condition to
6-18 confirm the presence of a condition described by Subsection
6-19 (a)(1)(A); and
6-20 (2) as soon as practicable, determine whether the
6-21 person's disappearance poses a credible threat to the person's
6-22 health and safety for purposes of Subsection (a)(2).
6-23 SECTION 6. Section 411.358, Government Code, is amended to
6-24 read as follows:
6-25 Sec. 411.358. TERMINATION OF ALERT. (a) The director shall
6-26 terminate the [any] activation of any the alert [system] with
6-27 respect to a particular abducted child or missing incapacitated
7-1 person [abducted child] if:
7-2 (1) the abducted child or missing incapacitated person
7-3 [child] is located or recovered or the situation [abduction] is
7-4 otherwise resolved; or
7-5 (2) the director determines that the alert [system] is
7-6 no longer an effective tool for locating or [and] recovering the
7-7 abducted child or missing incapacitated person [child].
7-8 (b) A local law enforcement agency that locates or recovers
7-9 a person who is the subject of an alert under this subchapter shall
7-10 notify the department as soon as possible that the person has been
7-11 located or recovered, as applicable.
7-12 SECTION 7. The following statutes are repealed:
7-13 (1) Section 411.356, Government Code; and
7-14 (2) Subchapter M, Chapter 411, Government Code.
7-15 SECTION 8. Not later than December 1, 2011, the public
7-16 safety director shall adopt the rules necessary to implement
7-17 Subchapter L, Chapter 411, Government Code, as amended by this Act.
7-18 SECTION 9. (a) Not later than December 1, 2011, the
7-19 Department of Public Safety of the State of Texas shall amend
7-20 consolidate the AMBER alert system described by Subchapter L,
7-21 Chapter 411, Government Code, and the silver alert system described
7-22 by Subchapter M, Chapter 411, Government Code, into a statewide
7-23 alert system and shall further develop and implement that system as
7-24 required by Section 411.352, Government Code, as amended by this
7-25 Act. On that date, the AMBER alert system and the silver alert
7-26 system are abolished, and any obligations, rules, contracts,
7-27 records, or unspent appropriations relating to the operation of the
8-1 AMBER alert system and the silver alert system are transferred to
8-2 the statewide alert system.
8-3 (b) The rules of the AMBER alert system and the silver alert
8-4 system are continued in effect as rules of the statewide alert
8-5 system until superseded by other rule.
8-6 (c) Notwithstanding the changes in law made by this Act,
8-7 until the date the Department of Public Safety amends consolidates
8-8 the AMBER alert system and the silver alert system as provided by
8-9 this section, the department shall continue to operate the AMBER
8-10 alert system and the silver alert system independently under the
8-11 laws that governed those systems before the effective date of this
8-12 Act, and the prior law is continued in effect for that purpose.
8-13 SECTION 10. This Act takes effect September 1, 2011.