By: Johnson of Harris H.B. No. 3715
A BILL TO BE ENTITLED
AN ACT
relating to statewide alerts for missing adults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 senior citizen:
(A) is missing; and
(B) has a mental or physical disability or other
[an] impaired mental or physical condition;
(2) a description of the circumstances under which a
local law enforcement agency is required to report a missing senior
citizen to the department; and
(3) the procedures to be used by an individual or
entity to report information about a missing senior citizen to
designated media outlets in Texas.
SECTION 2. 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 has a mental or physical
disability or other [an] impaired mental or physical 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 mental or physical disability or other impaired mental or
physical condition to verify the disability or condition as
required by Subsection (a)(2)(C); 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 3. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. 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 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.
Sec. 411.442. 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
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 danger because of the adult's mental or
physical disability or other mental or physical condition;
(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 danger because of the adult's mental or physical disability or
other mental or physical condition; and
(4) believes sufficient information is available to
disseminate to the public that could assist in locating the adult or
a vehicle being used by 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 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 and television stations and
other participating 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; and
(2) the Texas Department of Transportation.
Sec. 411.448. CONTENT OF 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 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 4. Not later than December 1, 2017, the public
safety director of the Department of Public Safety of the State of
Texas shall adopt rules as necessary to implement Sections 411.383
and 411.386, Government Code, as amended by this Act, and
Subchapter P, Chapter 411, Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2017.