Texas 2017 - 85th Regular

Texas Senate Bill SB1622 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Uresti S.B. No. 1622
	2	+	(In the Senate - Filed March 9, 2017; March 21, 2017, read
	3	+	first time and referred to Committee on Veteran Affairs & Border
	4	+	Security; April 24, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	April 24, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1622 By: Uresti
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of a statewide alert system for missing
7	14		military members.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Chapter 411, Government Code, is amended by
10	17		adding Subchapter P to read as follows:
11	18		SUBCHAPTER P. CAMO ALERT FOR MISSING MILITARY MEMBERS
12	19		Sec. 411.441. DEFINITIONS. In this subchapter:
13	20		(1) "Alert" means the statewide camo alert for missing
14	21		military members that is developed and implemented under this
15	22		subchapter.
16	23		(2) "Law enforcement agency" means a law enforcement
17	24		agency with jurisdiction over the investigation of a missing
18	25		military member.
19	26		(3) "Military member" means a person who is a current
20	27		or former member of the United States armed forces, including the
21	28		National Guard or a reserve or auxiliary unit of any branch of the
22	29		armed forces.
23	30		Sec. 411.442. CAMO ALERT FOR MISSING MILITARY MEMBERS.
24	31		With the cooperation of the Texas Department of Transportation, the
25	32		office of the governor, and other appropriate law enforcement
26	33		agencies in this state, the department shall develop and implement
27	34		a statewide camo alert to be activated on behalf of a missing
28	35		military member who suffers from a mental illness, including
29	36		post-traumatic stress disorder, or a traumatic brain injury.
30	37		Sec. 411.443. ADMINISTRATION. (a) The director is the
31	38		statewide coordinator of the alert.
32	39		(b) The director shall adopt rules and issue directives as
33	40		necessary to ensure proper implementation of the alert. The rules
34	41		and directives must include:
35	42		(1) the procedures to be used by a law enforcement
36	43		agency to verify whether a military member:
37	44		(A) is missing; and
38	45		(B) suffers from a mental illness, including
39	46		post-traumatic stress disorder, or a traumatic brain injury;
40	47		(2) a description of the circumstances under which a
41	48		law enforcement agency is required to report a missing military
42	49		member to the department;
43	50		(3) the procedures to be used by an individual or
44	51		entity to report information about a missing military member to
45	52		designated media outlets in this state;
46	53		(4) guidelines for protecting the privacy of a missing
47	54		military member for whom an alert has been issued; and
48	55		(5) the procedures to be used by a military member to
49	56		opt out of any activation of the alert system with respect to the
50	57		member.
51	58		(c) The director shall prescribe forms for use by law
52	59		enforcement agencies in requesting activation of the alert system.
53	60		Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
54	61		department shall recruit public and commercial television and radio
55	62		broadcasters, private commercial entities, state or local
56	63		governmental entities, the public, and other appropriate persons to
57	64		assist in developing and implementing the alert system.
58	65		Sec. 411.445. STATE AGENCIES. (a) A state agency
59	66		participating in the alert system shall:
60	67		(1) cooperate with the department and assist in
61	68		developing and implementing the alert system; and
62	69		(2) establish a plan for providing relevant
63	70		information to its officers, investigators, or employees, as
64	71		appropriate, once the alert system has been activated.
65	72		(b) In addition to its duties as a state agency under
66	73		Subsection (a), the Texas Department of Transportation shall
67	74		establish a plan for providing relevant information to the public
68	75		through an existing system of dynamic message signs located across
69	76		the state.
70	77		Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING
71	78		MILITARY MEMBER. (a) A law enforcement agency shall notify the
72	79		department if the agency:
73	80		(1) receives notice of a missing military member;
74	81		(2) verifies that at the time the military member is
75	82		reported missing:
76	83		(A) the person reported missing is a military
77	84		member;
78	85		(B) the military member's location is unknown;
79	86		(C) the military member's domicile is in this
80	87		state; and
81	88		(D) the military member suffers from a mental
82	89		illness, including post-traumatic stress disorder, or a traumatic
83	90		brain injury; and
84	91		(3) determines that the military member's
85	92		disappearance poses a credible threat to the military member's
86	93		health and safety or the health and safety of another.
87	94		(b) The law enforcement agency shall:
88	95		(1) require the family or legal guardian of the
89	96		missing military member to provide documentation of the military
90	97		member's mental illness to verify the condition as required by
91	98		Subsection (a)(2)(D); and
92	99		(2) as soon as practicable, determine whether the
93	100		military member's disappearance poses a credible threat to the
94	101		military member's health and safety or the health and safety of
95	102		another for purposes of Subsection (a)(3).
96	103		Sec. 411.447. ACTIVATION OF CAMO ALERT. (a) When a law
97	104		enforcement agency notifies the department under Section 411.446,
98	105		the department shall confirm the accuracy of the information and,
99	106		if confirmed, immediately issue an alert under this subchapter in
100	107		accordance with department rules.
101	108		(b) In issuing the alert, the department shall send the
102	109		alert to designated media outlets in this state. Following receipt
103	110		of the alert, participating radio stations and television stations
104	111		and other participating media outlets may issue the alert at
105	112		designated intervals to assist in locating the missing military
106	113		member.
107	114		Sec. 411.448. CONTENT OF CAMO ALERT. The alert must
108	115		include:
109	116		(1) all appropriate information that is provided by
110	117		the law enforcement agency under Section 411.446 and that may lead
111	118		to the safe recovery of the missing military member; and
112	119		(2) a statement instructing any person with
113	120		information related to the missing military member to contact a law
114	121		enforcement agency.
115	122		Sec. 411.449. TERMINATION OF CAMO ALERT. (a) The director
116	123		shall terminate any activation of the alert with respect to a
117	124		particular missing military member not later than the earlier of
118	125		the date on which:
119	126		(1) the missing military member is located or the
120	127		situation is otherwise resolved; or
121	128		(2) the notification period ends, as determined by
122	129		department rule.
123	130		(b) A law enforcement agency that locates a missing military
124	131		member who is the subject of an alert under this subchapter shall
125	132		notify the department as soon as possible that the missing military
126	133		member has been located.
127	134		Sec. 411.450. EXPIRATION OF SUBCHAPTER. This subchapter
128	135		expires September 1, 2021.
129	136		SECTION 2. This Act takes effect September 1, 2017.
	137	+	* * * * *