By: Hernandez, et al. (Senate Sponsor - Creighton) H.B. No. 834
(In the Senate - Received from the House March 23, 2015;
March 25, 2015, read first time and referred to Committee on
Criminal Justice; May 6, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; May 6, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the criteria for issuing a silver alert for a missing
senior citizen.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.386, Government Code, is amended to
read as follows:
Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR
CITIZEN. (a) A local law enforcement agency may notify the
department if the agency:
(1) receives notice of a missing senior citizen;
(2) verifies that at the time the senior citizen is
reported missing:
(A) the person reported missing is 65 years of
age or older;
(B) the senior citizen's location is unknown; and
(C) [the senior citizen's domicile is in Texas;
and
[(D)] the senior citizen has an impaired mental
condition; and
(3) determines that the senior citizen's disappearance
poses a credible threat to the senior citizen's health and safety.
(b) The local law enforcement agency shall:
(1) require the family or legal guardian of the
missing senior citizen to provide documentation of the senior
citizen's impaired mental condition to verify the condition as
required by Subsection (a)(2)(C) [(a)(2)(D)]; and
(2) as soon as practicable, determine whether the
senior citizen's disappearance poses a credible threat to the
senior citizen's health and safety for purposes of Subsection
(a)(3).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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