Texas 2015 - 84th Regular

Texas House Bill HB4031 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11491 LEH-D
2	2	By: Rose H.B. No. 4031
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a statewide alert system for missing
8	8	adults and to a study of the alert system.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter P to read as follows:
12	12	SUBCHAPTER P. KELLEY ALERT FOR MISSING ADULTS
13	13	Sec. 411.441. DEFINITIONS. In this subchapter:
14	14	(1) "Adult" means a person who is 18 years of age or
15	15	older but younger than 65 years of age.
16	16	(2) "Alert" means the statewide Kelley alert for
17	17	missing adults that is developed and implemented under this
18	18	subchapter.
19	19	(3) "Local law enforcement agency" means a local law
20	20	enforcement agency with jurisdiction over the investigation of a
21	21	missing adult.
22	22	(4) "Serious bodily injury" has the meaning assigned
23	23	by Section 1.07, Penal Code.
24	24	Sec. 411.442. KELLEY ALERT FOR MISSING ADULTS. With the
25	25	cooperation of the Texas Department of Transportation, the office
26	26	of the governor, and other appropriate law enforcement agencies in
27	27	this state, the department shall develop and implement a statewide
28	28	Kelley alert to be activated on behalf of a missing adult.
29	29	Sec. 411.443. ADMINISTRATION. (a) The director is the
30	30	statewide coordinator of the alert.
31	31	(b) The director shall adopt rules and issue directives as
32	32	necessary to ensure proper implementation of the alert. The rules
33	33	and directives must include:
34	34	(1) the procedures to be used by a local law
35	35	enforcement agency to verify whether an adult is:
36	36	(A) missing; and
37	37	(B) in imminent danger of serious bodily injury
38	38	or death;
39	39	(2) a description of the circumstances under which a
40	40	local law enforcement agency is required to report a missing adult
41	41	to the department; and
42	42	(3) the procedures to be used by an individual or
43	43	entity to report information about a missing adult to designated
44	44	media outlets in Texas.
45	45	(c) The director shall prescribe forms for use by local law
46	46	enforcement agencies in requesting activation of the alert system.
47	47	Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
48	48	department shall recruit public and commercial television and radio
49	49	broadcasters, private commercial entities, state or local
50	50	governmental entities, the public, and other appropriate persons to
51	51	assist in developing and implementing the alert system.
52	52	Sec. 411.445. STATE AGENCIES. (a) A state agency
53	53	participating in the alert system shall:
54	54	(1) cooperate with the department and assist in
55	55	developing and implementing the alert system; and
56	56	(2) establish a plan for providing relevant
57	57	information to its officers, investigators, or employees, as
58	58	appropriate, once the alert system has been activated.
59	59	(b) In addition to its duties as a state agency under
60	60	Subsection (a), the Texas Department of Transportation shall
61	61	establish a plan for providing relevant information to the public
62	62	through an existing system of dynamic message signs located across
63	63	the state.
64	64	Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
65	65	(a) A local law enforcement agency shall notify the department if
66	66	the agency:
67	67	(1) receives notice of a missing adult;
68	68	(2) verifies that at the time the adult is reported
69	69	missing:
70	70	(A) the person reported missing is 18 years of
71	71	age or older but younger than 65 years of age;
72	72	(B) the adult's location is unknown; and
73	73	(C) the adult has been missing for less than 72
74	74	hours;
75	75	(3) confirms that a preliminary investigation has
76	76	taken place with respect to the disappearance and that, as a result
77	77	of that investigation, the agency believes that the missing adult
78	78	is in imminent danger of serious bodily injury or death; and
79	79	(4) believes sufficient information is available to
80	80	disseminate to the public that could assist in locating the adult, a
81	81	person suspected of abducting the adult, or a vehicle suspected of
82	82	being used by the adult or in any abduction of the adult.
83	83	(b) The department may modify the criteria described by
84	84	Subsection (a) as necessary for the proper implementation of the
85	85	alert system.
86	86	Sec. 411.447. ACTIVATION OF KELLEY ALERT. (a) When a local
87	87	law enforcement agency notifies the department under Section
88	88	411.446, the department shall confirm the accuracy of the
89	89	information and, if confirmed, immediately issue an alert under
90	90	this subchapter in accordance with department rules.
91	91	(b) In issuing the alert, the department shall send the
92	92	alert to designated media outlets in Texas. Following receipt of
93	93	the alert, participating radio stations, television stations, and
94	94	other media outlets may issue the alert at designated intervals to
95	95	assist in locating the missing adult.
96	96	(c) The department shall also send the alert to:
97	97	(1) any appropriate local law enforcement agency;
98	98	(2) the Texas Department of Transportation;
99	99	(3) the Texas Lottery Commission; and
100	100	(4) the Independent Bankers Association of Texas.
101	101	Sec. 411.448. CONTENT OF KELLEY ALERT. The alert must
102	102	include:
103	103	(1) all appropriate information that is provided by
104	104	the local law enforcement agency under Section 411.446 and that may
105	105	lead to the safe recovery of the missing adult; and
106	106	(2) a statement instructing any person with
107	107	information related to the missing adult to contact a local law
108	108	enforcement agency.
109	109	Sec. 411.449. TERMINATION OF KELLEY ALERT. (a) The
110	110	director shall terminate any activation of the alert with respect
111	111	to a particular missing adult not later than the earlier of the date
112	112	on which:
113	113	(1) the missing adult is located or the situation is
114	114	otherwise resolved; or
115	115	(2) the notification period ends, as determined by
116	116	department rule.
117	117	(b) A local law enforcement agency that locates a missing
118	118	adult who is the subject of an alert under this subchapter shall
119	119	notify the department as soon as possible that the missing adult has
120	120	been located.
121	121	SECTION 2. (a) The Department of Public Safety shall
122	122	conduct a study on the effectiveness of the statewide alert system
123	123	described by Subchapter P, Chapter 411, Government Code, as added
124	124	by this Act. The study must investigate whether the statewide alert
125	125	system fulfills the purpose for which the alert system was created
126	126	and whether the alert system should be modified or expanded.
127	127	(b) Not later than December 31, 2016, the Department of
128	128	Public Safety shall submit to the governor, lieutenant governor,
129	129	and speaker of the house of representatives a report containing the
130	130	results of the study conducted under Subsection (a) of this
131	131	section, including any recommendations for proposed legislation.
132	132	(c) This section expires December 31, 2017.
133	133	SECTION 3. This Act takes effect September 1, 2015.