Texas 2019 - 86th Regular

Texas House Bill HB3407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7298 JG-F
2	2	By: Johnson of Harris H.B. No. 3407
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an alert for a missing person with a guardian.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter L, Chapter 411,
10	10	Government Code, is amended to read as follows:
11	11	SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY
12	12	RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND CERTAIN
13	13	OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES]
14	14	SECTION 2. Section 411.351, Government Code, is amended by
15	15	amending Subdivisions (2), (2-a), (3), and (3-a) and adding
16	16	Subdivisions (2-b) and (3-b) to read as follows:
17	17	(2) "Alert system" means the statewide America's
18	18	Missing: Broadcast Emergency Response (AMBER) alert system for
19	19	abducted children and certain other missing persons [with
20	20	intellectual disabilities].
21	21	(2-a) "Guardian" has the meaning assigned by Section
22	22	1002.012, Estates Code.
23	23	(2-b) "Intellectual disability" means significantly
24	24	subaverage general intellectual functioning that is concurrent
25	25	with deficits in adaptive behavior and originates during the
26	26	developmental period. The term includes a pervasive developmental
27	27	disorder.
28	28	(3) "Local law enforcement agency" means a local law
29	29	enforcement agency with jurisdiction over the investigation of:
30	30	(A) the abduction of a child; [or]
31	31	(B) a missing person with an intellectual
32	32	disability; or
33	33	(C) a missing person with a guardian.
34	34	(3-a) "Person with a guardian" means a person for whom
35	35	a guardian has been appointed.
36	36	(3-b) "Pervasive developmental disorder" means a
37	37	disorder that meets the criteria for a pervasive developmental
38	38	disorder established in the most recent Diagnostic and Statistical
39	39	Manual of Mental Disorders published by the American Psychiatric
40	40	Association.
41	41	SECTION 3. Section 411.352, Government Code, is amended to
42	42	read as follows:
43	43	Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST
44	44	EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND
45	45	CERTAIN OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES].
46	46	With the cooperation of the Texas Department of Transportation, the
47	47	office of the governor, and other appropriate law enforcement
48	48	agencies in this state, the department shall develop and implement
49	49	a statewide alert system to be activated on behalf of an abducted
50	50	child, [or] a missing person with an intellectual disability, or a
51	51	missing person with a guardian.
52	52	SECTION 4. Section 411.355(b), Government Code, is amended
53	53	to read as follows:
54	54	(b) On the request of a local law enforcement agency
55	55	regarding a missing person with an intellectual disability or a
56	56	missing person with a guardian, the department shall activate the
57	57	alert system and notify appropriate participants in the alert
58	58	system, as established by rule, if:
59	59	(1) the local law enforcement agency receives notice
60	60	of a missing person with an intellectual disability or with a
61	61	guardian;
62	62	(2) the local law enforcement agency verifies that at
63	63	the time the person is reported missing:
64	64	(A) the person, as applicable:
65	65	(i) has an intellectual disability, as
66	66	determined according to the procedure provided by Section 593.005,
67	67	Health and Safety Code; or
68	68	(ii) has a guardian; and
69	69	(B) the person's location is unknown;
70	70	(3) the local law enforcement agency determines that
71	71	the person's disappearance poses a credible threat to the person's
72	72	health and safety; and
73	73	(4) sufficient information is available to
74	74	disseminate to the public that could assist in locating the person.
75	75	SECTION 5. Sections 411.358 and 411.359, Government Code,
76	76	are amended to read as follows:
77	77	Sec. 411.358. TERMINATION. The director shall terminate
78	78	any activation of the alert system with respect to a particular
79	79	abducted child, [or a particular] missing person with an
80	80	intellectual disability, or missing person with a guardian if:
81	81	(1) the abducted child or missing person is recovered
82	82	or the situation is otherwise resolved; or
83	83	(2) the director determines that the alert system is
84	84	no longer an effective tool for locating and recovering the
85	85	abducted child or missing person.
86	86	Sec. 411.359. SYSTEM NAME. The director by rule may assign
87	87	a name other than America's Missing: Broadcast Emergency Response
88	88	(AMBER) to the alert system when the system is activated regarding a
89	89	missing person with an intellectual disability or a missing person
90	90	with a guardian.
91	91	SECTION 6. Not later than December 1, 2019, the Public
92	92	Safety Commission shall adopt rules and the public safety director
93	93	of the Department of Public Safety of the State of Texas shall issue
94	94	directives necessary to implement Subchapter L, Chapter 411,
95	95	Government Code, as amended by this Act.
96	96	SECTION 7. This Act takes effect September 1, 2019.