| 1 | | - | By: Hernandez, et al. (Senate Sponsor - Creighton) H.B. No. 834 |
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| 2 | | - | (In the Senate - Received from the House March 23, 2015; |
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| 3 | | - | March 25, 2015, read first time and referred to Committee on |
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| 4 | | - | Criminal Justice; May 6, 2015, reported favorably by the following |
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| 5 | | - | vote: Yeas 7, Nays 0; May 6, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 834 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the criteria for issuing a silver alert for a missing |
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| 12 | 6 | | senior citizen. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 411.386, Government Code, is amended to |
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| 15 | 9 | | read as follows: |
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| 16 | 10 | | Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR |
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| 17 | 11 | | CITIZEN. (a) A local law enforcement agency may notify the |
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| 18 | 12 | | department if the agency: |
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| 19 | 13 | | (1) receives notice of a missing senior citizen; |
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| 20 | 14 | | (2) verifies that at the time the senior citizen is |
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| 21 | 15 | | reported missing: |
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| 22 | 16 | | (A) the person reported missing is 65 years of |
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| 23 | 17 | | age or older; |
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| 24 | 18 | | (B) the senior citizen's location is unknown; and |
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| 25 | 19 | | (C) [the senior citizen's domicile is in Texas; |
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| 26 | 20 | | and |
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| 27 | 21 | | [(D)] the senior citizen has an impaired mental |
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| 28 | 22 | | condition; and |
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| 29 | 23 | | (3) determines that the senior citizen's disappearance |
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| 30 | 24 | | poses a credible threat to the senior citizen's health and safety. |
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| 31 | 25 | | (b) The local law enforcement agency shall: |
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| 32 | 26 | | (1) require the family or legal guardian of the |
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| 33 | 27 | | missing senior citizen to provide documentation of the senior |
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| 34 | 28 | | citizen's impaired mental condition to verify the condition as |
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| 35 | 29 | | required by Subsection (a)(2)(C) [(a)(2)(D)]; and |
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| 36 | 30 | | (2) as soon as practicable, determine whether the |
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| 37 | 31 | | senior citizen's disappearance poses a credible threat to the |
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| 38 | 32 | | senior citizen's health and safety for purposes of Subsection |
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| 39 | 33 | | (a)(3). |
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| 40 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 38 | | Act takes effect September 1, 2015. |
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| 45 | | - | * * * * * |
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| 39 | + | ______________________________ ______________________________ |
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| 40 | + | President of the Senate Speaker of the House |
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| 41 | + | I certify that H.B. No. 834 was passed by the House on March |
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| 42 | + | 19, 2015, by the following vote: Yeas 139, Nays 3, 1 present, not |
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| 43 | + | voting. |
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| 44 | + | ______________________________ |
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| 45 | + | Chief Clerk of the House |
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| 46 | + | I certify that H.B. No. 834 was passed by the Senate on May |
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| 47 | + | 15, 2015, by the following vote: Yeas 30, Nays 1. |
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| 48 | + | ______________________________ |
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| 49 | + | Secretary of the Senate |
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| 50 | + | APPROVED: _____________________ |
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| 51 | + | Date |
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| 52 | + | _____________________ |
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| 53 | + | Governor |
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