84R11491 LEH-D
By: Rose H.B. No. 4031
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a statewide alert system for missing
adults and to a study of the alert system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. KELLEY ALERT FOR MISSING ADULTS
Sec. 411.441. DEFINITIONS. In this subchapter:
(1) "Adult" means a person who is 18 years of age or
older but younger than 65 years of age.
(2) "Alert" means the statewide Kelley alert for
missing adults that is developed and implemented under this
subchapter.
(3) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of a
missing adult.
(4) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
Sec. 411.442. KELLEY ALERT FOR MISSING ADULTS. With the
cooperation of the Texas Department of Transportation, the office
of the governor, and other appropriate law enforcement agencies in
this state, the department shall develop and implement a statewide
Kelley alert to be activated on behalf of a missing adult.
Sec. 411.443. ADMINISTRATION. (a) The director is the
statewide coordinator of the alert.
(b) The director shall adopt rules and issue directives as
necessary to ensure proper implementation of the alert. The rules
and directives must include:
(1) the procedures to be used by a local law
enforcement agency to verify whether an adult is:
(A) missing; and
(B) in imminent danger of serious bodily injury
or death;
(2) a description of the circumstances under which a
local law enforcement agency is required to report a missing adult
to the department; and
(3) the procedures to be used by an individual or
entity to report information about a missing adult to designated
media outlets in Texas.
(c) The director shall prescribe forms for use by local law
enforcement agencies in requesting activation of the alert system.
Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
department shall recruit public and commercial television and radio
broadcasters, private commercial entities, state or local
governmental entities, the public, and other appropriate persons to
assist in developing and implementing the alert system.
Sec. 411.445. STATE AGENCIES. (a) A state agency
participating in the alert system shall:
(1) cooperate with the department and assist in
developing and implementing the alert system; and
(2) establish a plan for providing relevant
information to its officers, investigators, or employees, as
appropriate, once the alert system has been activated.
(b) In addition to its duties as a state agency under
Subsection (a), the Texas Department of Transportation shall
establish a plan for providing relevant information to the public
through an existing system of dynamic message signs located across
the state.
Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
(a) A local law enforcement agency shall notify the department if
the agency:
(1) receives notice of a missing adult;
(2) verifies that at the time the adult is reported
missing:
(A) the person reported missing is 18 years of
age or older but younger than 65 years of age;
(B) the adult's location is unknown; and
(C) the adult has been missing for less than 72
hours;
(3) confirms that a preliminary investigation has
taken place with respect to the disappearance and that, as a result
of that investigation, the agency believes that the missing adult
is in imminent danger of serious bodily injury or death; and
(4) believes sufficient information is available to
disseminate to the public that could assist in locating the adult, a
person suspected of abducting the adult, or a vehicle suspected of
being used by the adult or in any abduction of the adult.
(b) The department may modify the criteria described by
Subsection (a) as necessary for the proper implementation of the
alert system.
Sec. 411.447. ACTIVATION OF KELLEY ALERT. (a) When a local
law enforcement agency notifies the department under Section
411.446, the department shall confirm the accuracy of the
information and, if confirmed, immediately issue an alert under
this subchapter in accordance with department rules.
(b) In issuing the alert, the department shall send the
alert to designated media outlets in Texas. Following receipt of
the alert, participating radio stations, television stations, and
other media outlets may issue the alert at designated intervals to
assist in locating the missing adult.
(c) The department shall also send the alert to:
(1) any appropriate local law enforcement agency;
(2) the Texas Department of Transportation;
(3) the Texas Lottery Commission; and
(4) the Independent Bankers Association of Texas.
Sec. 411.448. CONTENT OF KELLEY ALERT. The alert must
include:
(1) all appropriate information that is provided by
the local law enforcement agency under Section 411.446 and that may
lead to the safe recovery of the missing adult; and
(2) a statement instructing any person with
information related to the missing adult to contact a local law
enforcement agency.
Sec. 411.449. TERMINATION OF KELLEY ALERT. (a) The
director shall terminate any activation of the alert with respect
to a particular missing adult not later than the earlier of the date
on which:
(1) the missing adult is located or the situation is
otherwise resolved; or
(2) the notification period ends, as determined by
department rule.
(b) A local law enforcement agency that locates a missing
adult who is the subject of an alert under this subchapter shall
notify the department as soon as possible that the missing adult has
been located.
SECTION 2. (a) The Department of Public Safety shall
conduct a study on the effectiveness of the statewide alert system
described by Subchapter P, Chapter 411, Government Code, as added
by this Act. The study must investigate whether the statewide alert
system fulfills the purpose for which the alert system was created
and whether the alert system should be modified or expanded.
(b) Not later than December 31, 2016, the Department of
Public Safety shall submit to the governor, lieutenant governor,
and speaker of the house of representatives a report containing the
results of the study conducted under Subsection (a) of this
section, including any recommendations for proposed legislation.
(c) This section expires December 31, 2017.
SECTION 3. This Act takes effect September 1, 2015.