By: Bonnen of Galveston, et al. H.B. No. 1769
(Senate Sponsor - Taylor)
(In the Senate - Received from the House April 29, 2019;
April 30, 2019, read first time and referred to Committee on
Transportation; May 8, 2019, reported favorably by the following
vote: Yeas 8, Nays 0; May 8, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a statewide alert system for certain
missing adults and to a study of the alert system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. ALERT FOR MISSING ADULTS
Sec. 411.461. 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) "Bodily injury" has the meaning assigned by
Section 1.07, Penal Code.
(4) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of a
missing adult.
Sec. 411.462. 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 system to
allow a statewide alert to be activated on behalf of a missing
adult.
Sec. 411.463. ADMINISTRATION. (a) The director is the
statewide coordinator of the alert system.
(b) The director shall adopt rules and issue directives as
necessary to ensure proper implementation of the alert system. The
rules and directives must include:
(1) the procedures to be used by a local law
enforcement agency to verify whether an adult is missing and
whether circumstances indicate that:
(A) the missing adult is in imminent danger of
bodily injury or death; or
(B) the disappearance of the missing adult may
not have been voluntary, including cases of abduction or
kidnapping;
(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 this state.
(c) The director shall prescribe forms for use by local law
enforcement agencies in requesting activation of the alert system.
Sec. 411.464. 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. 411.465. 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. 411.466. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
(a) A local law enforcement agency shall notify the department if
the agency:
(1) receives a report regarding 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 adult is
missing under circumstances described by Section 411.463(b)(1)(A)
or (B); and
(4) believes sufficient information is available to
disseminate to the public that could assist in locating the adult, a
person suspected of abducting or kidnapping the adult, or a vehicle
suspected of being used by the adult or in any abduction or
kidnapping of the adult.
(b) The department may modify the criteria described by
Subsection (a) as necessary for the proper implementation of the
alert system.
Sec. 411.467. ACTIVATION OF ALERT. (a) When a local law
enforcement agency notifies the department under Section 411.466,
the department shall confirm the accuracy of the information and,
if confirmed, immediately issue an alert under this subchapter in
accordance with the department's rules and directives under Section
411.463.
(b) The department may issue the alert on its own
initiative, without receiving the notification described by
Subsection (a), if the issuance conforms to the department's rules
and directives and if the criteria described by Section 411.466(a)
are satisfied.
(c) In issuing the alert, the department shall send the
alert to designated media outlets in this state. 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.
(d) The department shall also send the alert to:
(1) any appropriate law enforcement agency;
(2) the Texas Department of Transportation;
(3) the Texas Lottery Commission; and
(4) the Independent Bankers Association of Texas.
Sec. 411.468. CONTENT OF ALERT. The alert must include:
(1) all appropriate information that may lead to the
safe recovery of the missing adult, as determined by the
department; and
(2) a statement instructing any person with
information related to the missing adult to contact a local or state
law enforcement agency.
Sec. 411.469. 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.
Sec. 411.470. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(b),
the Texas Department of Transportation is not required to use any
existing system of dynamic message signs in a statewide alert
system created under this subchapter if the department receives
notice from the United States Department of Transportation Federal
Highway Administration that the use of the signs would result in the
loss of federal highway funding or other punitive actions taken
against this state due to noncompliance with federal laws,
regulations, or policies.
SECTION 2. (a) The Department of Public Safety of the State
of Texas shall conduct a study on the effectiveness of the statewide
alert system described by Subchapter Q, Chapter 411, Government
Code, as added by this Act. The study must investigate whether the
statewide alert system fulfills the purpose for which the alert
system was created and whether the alert system should be modified
or expanded.
(b) Not later than December 31, 2020, the Department of
Public Safety of the State of Texas shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report containing the results of the study conducted under
Subsection (a) of this section, including any recommendations for
proposed legislation.
(c) This section expires December 31, 2021.
SECTION 3. This Act takes effect September 1, 2019.
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