Texas 2019 - 86th Regular

Texas House Bill HB1769 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1769
	1	+	By: Bonnen of Galveston, et al. H.B. No. 1769
	2	+	(Senate Sponsor - Taylor)
	3	+	(In the Senate - Received from the House April 29, 2019;
	4	+	April 30, 2019, read first time and referred to Committee on
	5	+	Transportation; May 8, 2019, reported favorably by the following
	6	+	vote: Yeas 8, Nays 0; May 8, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of a statewide alert system for certain
6	13		missing adults and to a study of the alert system.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Chapter 411, Government Code, is amended by
9	16		adding Subchapter Q to read as follows:
10	17		SUBCHAPTER Q. ALERT FOR MISSING ADULTS
11	18		Sec. 411.461. DEFINITIONS. In this subchapter:
12	19		(1) "Adult" means a person who is 18 years of age or
13	20		older but younger than 65 years of age.
14	21		(2) "Alert" means the statewide alert for missing
15	22		adults that is developed and implemented under this subchapter.
16	23		(3) "Bodily injury" has the meaning assigned by
17	24		Section 1.07, Penal Code.
18	25		(4) "Local law enforcement agency" means a local law
19	26		enforcement agency with jurisdiction over the investigation of a
20	27		missing adult.
21	28		Sec. 411.462. ALERT FOR MISSING ADULTS. With the
22	29		cooperation of the Texas Department of Transportation, the office
23	30		of the governor, and other appropriate law enforcement agencies in
24	31		this state, the department shall develop and implement a system to
25	32		allow a statewide alert to be activated on behalf of a missing
26	33		adult.
27	34		Sec. 411.463. ADMINISTRATION. (a) The director is the
28	35		statewide coordinator of the alert system.
29	36		(b) The director shall adopt rules and issue directives as
30	37		necessary to ensure proper implementation of the alert system. The
31	38		rules and directives must include:
32	39		(1) the procedures to be used by a local law
33	40		enforcement agency to verify whether an adult is missing and
34	41		whether circumstances indicate that:
35	42		(A) the missing adult is in imminent danger of
36	43		bodily injury or death; or
37	44		(B) the disappearance of the missing adult may
38	45		not have been voluntary, including cases of abduction or
39	46		kidnapping;
40	47		(2) a description of the circumstances under which a
41	48		local law enforcement agency is required to report a missing adult
42	49		to the department; and
43	50		(3) the procedures to be used by an individual or
44	51		entity to report information about a missing adult to designated
45	52		media outlets in this state.
46	53		(c) The director shall prescribe forms for use by local law
47	54		enforcement agencies in requesting activation of the alert system.
48	55		Sec. 411.464. DEPARTMENT TO RECRUIT PARTICIPANTS. The
49	56		department shall recruit public and commercial television and radio
50	57		broadcasters, private commercial entities, state or local
51	58		governmental entities, the public, and other appropriate persons to
52	59		assist in developing and implementing the alert system.
53	60		Sec. 411.465. STATE AGENCIES. (a) A state agency
54	61		participating in the alert system shall:
55	62		(1) cooperate with the department and assist in
56	63		developing and implementing the alert system; and
57	64		(2) establish a plan for providing relevant
58	65		information to its officers, investigators, or employees, as
59	66		appropriate, once the alert system has been activated.
60	67		(b) In addition to its duties as a state agency under
61	68		Subsection (a), the Texas Department of Transportation shall
62	69		establish a plan for providing relevant information to the public
63	70		through an existing system of dynamic message signs located across
64	71		the state.
65	72		Sec. 411.466. NOTIFICATION TO DEPARTMENT OF MISSING ADULT.
66	73		(a) A local law enforcement agency shall notify the department if
67	74		the agency:
68	75		(1) receives a report regarding a missing adult;
69	76		(2) verifies that at the time the adult is reported
70	77		missing:
71	78		(A) the person reported missing is 18 years of
72	79		age or older but younger than 65 years of age;
73	80		(B) the adult's location is unknown; and
74	81		(C) the adult has been missing for less than 72
75	82		hours;
76	83		(3) confirms that a preliminary investigation has
77	84		taken place with respect to the disappearance and that, as a result
78	85		of that investigation, the agency believes that the adult is
79	86		missing under circumstances described by Section 411.463(b)(1)(A)
80	87		or (B); and
81	88		(4) believes sufficient information is available to
82	89		disseminate to the public that could assist in locating the adult, a
83	90		person suspected of abducting or kidnapping the adult, or a vehicle
84	91		suspected of being used by the adult or in any abduction or
85	92		kidnapping of the adult.
86	93		(b) The department may modify the criteria described by
87	94		Subsection (a) as necessary for the proper implementation of the
88	95		alert system.
89	96		Sec. 411.467. ACTIVATION OF ALERT. (a) When a local law
90	97		enforcement agency notifies the department under Section 411.466,
91	98		the department shall confirm the accuracy of the information and,
92	99		if confirmed, immediately issue an alert under this subchapter in
93	100		accordance with the department's rules and directives under Section
94	101		411.463.
95	102		(b) The department may issue the alert on its own
96	103		initiative, without receiving the notification described by
97	104		Subsection (a), if the issuance conforms to the department's rules
98	105		and directives and if the criteria described by Section 411.466(a)
99	106		are satisfied.
100	107		(c) In issuing the alert, the department shall send the
101	108		alert to designated media outlets in this state. Following receipt
102	109		of the alert, participating radio stations and television stations
103	110		and other participating media outlets may issue the alert at
104	111		designated intervals to assist in locating the missing adult.
105	112		(d) The department shall also send the alert to:
106	113		(1) any appropriate law enforcement agency;
107	114		(2) the Texas Department of Transportation;
108	115		(3) the Texas Lottery Commission; and
109	116		(4) the Independent Bankers Association of Texas.
110	117		Sec. 411.468. CONTENT OF ALERT. The alert must include:
111	118		(1) all appropriate information that may lead to the
112	119		safe recovery of the missing adult, as determined by the
113	120		department; and
114	121		(2) a statement instructing any person with
115	122		information related to the missing adult to contact a local or state
116	123		law enforcement agency.
117	124		Sec. 411.469. TERMINATION OF ALERT. (a) The director shall
118	125		terminate any activation of the alert with respect to a particular
119	126		missing adult not later than the earlier of the date on which:
120	127		(1) the missing adult is located or the situation is
121	128		otherwise resolved; or
122	129		(2) the notification period ends, as determined by
123	130		department rule.
124	131		(b) A local law enforcement agency that locates a missing
125	132		adult who is the subject of an alert under this subchapter shall
126	133		notify the department as soon as possible that the missing adult has
127	134		been located.
128	135		Sec. 411.470. LIMITATION ON PARTICIPATION BY TEXAS
129	136		DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(b),
130	137		the Texas Department of Transportation is not required to use any
131	138		existing system of dynamic message signs in a statewide alert
132	139		system created under this subchapter if the department receives
133	140		notice from the United States Department of Transportation Federal
134	141		Highway Administration that the use of the signs would result in the
135	142		loss of federal highway funding or other punitive actions taken
136	143		against this state due to noncompliance with federal laws,
137	144		regulations, or policies.
138	145		SECTION 2. (a) The Department of Public Safety of the State
139	146		of Texas shall conduct a study on the effectiveness of the statewide
140	147		alert system described by Subchapter Q, Chapter 411, Government
141	148		Code, as added by this Act. The study must investigate whether the
142	149		statewide alert system fulfills the purpose for which the alert
143	150		system was created and whether the alert system should be modified
144	151		or expanded.
145	152		(b) Not later than December 31, 2020, the Department of
146	153		Public Safety of the State of Texas shall submit to the governor,
147	154		lieutenant governor, and speaker of the house of representatives a
148	155		report containing the results of the study conducted under
149	156		Subsection (a) of this section, including any recommendations for
150	157		proposed legislation.
151	158		(c) This section expires December 31, 2021.
152	159		SECTION 3. This Act takes effect September 1, 2019.
153		-	______________________________ ______________________________
154		-	President of the Senate Speaker of the House
155		-	I certify that H.B. No. 1769 was passed by the House on April
156		-	26, 2019, by the following vote: Yeas 136, Nays 3, 2 present, not
157		-	voting.
158		-	______________________________
159		-	Chief Clerk of the House
160		-	I certify that H.B. No. 1769 was passed by the Senate on May
161		-	14, 2019, by the following vote: Yeas 31, Nays 0.
162		-	______________________________
163		-	Secretary of the Senate
164		-	APPROVED: _____________________
165		-	Date
166		-	_____________________
167		-	Governor
	160	+	* * * * *