By: Pickett, et al. (Senate Sponsor - Buckingham) H.B. No. 2639
(In the Senate - Received from the House May 5, 2017;
May 5, 2017, read first time and referred to Committee on
Administration; May 23, 2017, reported favorably by the following
vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to an alert for a missing senior citizen or person with
Alzheimer's disease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter M, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS
WITH ALZHEIMER'S DISEASE
SECTION 2. Sections 411.381(1) and (2), Government Code,
are amended to read as follows:
(1) "Alert" means the statewide silver alert for
missing senior citizens and persons with Alzheimer's disease, as
developed and implemented under this subchapter.
(2) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of a
missing senior citizen or person with Alzheimer's disease.
SECTION 3. Section 411.382, Government Code, is amended to
read as follows:
Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS AND
PERSONS WITH ALZHEIMER'S DISEASE. 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 silver alert to
be activated on behalf of a missing senior citizen or person with
Alzheimer's disease.
SECTION 4. Section 411.383(b), Government Code, is amended
to read as follows:
(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 a person reported missing is a
senior citizen with [:
[(A) is missing; and
[(B) has] an impaired mental condition or a
person with Alzheimer's disease and whether the person's location
is unknown;
(2) a description of the circumstances under which a
local law enforcement agency is required to report a missing senior
citizen or person with Alzheimer's disease to the department; and
(3) the procedures to be used by an individual or
entity to report information about a missing senior citizen or
person with Alzheimer's disease to designated media outlets in
Texas.
SECTION 5. Section 411.386, Government Code, is amended to
read as follows:
Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR
CITIZEN OR PERSON WITH ALZHEIMER'S DISEASE. (a) A local law
enforcement agency may notify the department if the agency:
(1) receives notice of a missing senior citizen or
person with Alzheimer's disease;
(2) verifies that at the time the senior citizen or
person with Alzheimer's disease is reported missing:
(A) the person reported missing:
(i) is 65 years of age or older and has an
impaired mental condition; or
(ii) is a person with Alzheimer's disease;
and
(B) the person's [senior citizen's] location is
unknown; and
[(C) the senior citizen has an impaired mental
condition; and]
(3) determines that the person's [senior citizen's]
disappearance poses a credible threat to the person's [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 or person with Alzheimer's disease to
provide documentation of the person's age and [senior citizen's
impaired mental] condition to verify the person's status
[condition] as described [required] by Subsection (a)(2)(A)
[(a)(2)(C)]; and
(2) as soon as practicable, determine whether the
person's [senior citizen's] disappearance poses a credible threat
to the person's [senior citizen's] health and safety for purposes of
Subsection (a)(3).
SECTION 6. Section 411.387(b), Government Code, is amended
to read as follows:
(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 and[,] television
stations[,] and other participating media outlets may issue the
alert at designated intervals to assist in locating the missing
senior citizen or person with Alzheimer's disease.
SECTION 7. Section 411.388, Government Code, is amended to
read as follows:
Sec. 411.388. CONTENT OF SILVER ALERT. The alert must
include:
(1) all appropriate information that is provided by
the local law enforcement agency and that may lead to the safe
recovery of the missing senior citizen or person with Alzheimer's
disease; and
(2) a statement instructing any person with
information related to the missing senior citizen or person with
Alzheimer's disease to contact a local law enforcement agency.
SECTION 8. Section 411.389, Government Code, is amended to
read as follows:
Sec. 411.389. TERMINATION OF SILVER ALERT. (a) The
director shall terminate any activation of the alert with respect
to a particular missing senior citizen or person with Alzheimer's
disease not later than the earlier of the date on which:
(1) the missing person [senior citizen] 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
senior citizen or person with Alzheimer's disease who is the
subject of an alert under this subchapter shall notify the
department as soon as possible that the missing person [senior
citizen] has been located.
SECTION 9. 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, 2017.
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