86R7298 JG-F
By: Johnson of Harris H.B. No. 3407
A BILL TO BE ENTITLED
AN ACT
relating to an alert for a missing person with a guardian.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter L, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY
RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND CERTAIN
OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES]
SECTION 2. Section 411.351, Government Code, is amended by
amending Subdivisions (2), (2-a), (3), and (3-a) and adding
Subdivisions (2-b) and (3-b) to read as follows:
(2) "Alert system" means the statewide America's
Missing: Broadcast Emergency Response (AMBER) alert system for
abducted children and certain other missing persons [with
intellectual disabilities].
(2-a) "Guardian" has the meaning assigned by Section
1002.012, Estates Code.
(2-b) "Intellectual disability" means significantly
subaverage general intellectual functioning that is concurrent
with deficits in adaptive behavior and originates during the
developmental period. The term includes a pervasive developmental
disorder.
(3) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of:
(A) the abduction of a child; [or]
(B) a missing person with an intellectual
disability; or
(C) a missing person with a guardian.
(3-a) "Person with a guardian" means a person for whom
a guardian has been appointed.
(3-b) "Pervasive developmental disorder" means a
disorder that meets the criteria for a pervasive developmental
disorder established in the most recent Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association.
SECTION 3. Section 411.352, Government Code, is amended to
read as follows:
Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST
EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND
CERTAIN OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES].
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 system to be activated on behalf of an abducted
child, [or] a missing person with an intellectual disability, or a
missing person with a guardian.
SECTION 4. Section 411.355(b), Government Code, is amended
to read as follows:
(b) On the request of a local law enforcement agency
regarding a missing person with an intellectual disability or a
missing person with a guardian, the department shall activate the
alert system and notify appropriate participants in the alert
system, as established by rule, if:
(1) the local law enforcement agency receives notice
of a missing person with an intellectual disability or with a
guardian;
(2) the local law enforcement agency verifies that at
the time the person is reported missing:
(A) the person, as applicable:
(i) has an intellectual disability, as
determined according to the procedure provided by Section 593.005,
Health and Safety Code; or
(ii) has a guardian; and
(B) the person's location is unknown;
(3) the local law enforcement agency determines that
the person's disappearance poses a credible threat to the person's
health and safety; and
(4) sufficient information is available to
disseminate to the public that could assist in locating the person.
SECTION 5. Sections 411.358 and 411.359, Government Code,
are amended to read as follows:
Sec. 411.358. TERMINATION. The director shall terminate
any activation of the alert system with respect to a particular
abducted child, [or a particular] missing person with an
intellectual disability, or missing person with a guardian if:
(1) the abducted child or missing person is recovered
or the situation is otherwise resolved; or
(2) the director determines that the alert system is
no longer an effective tool for locating and recovering the
abducted child or missing person.
Sec. 411.359. SYSTEM NAME. The director by rule may assign
a name other than America's Missing: Broadcast Emergency Response
(AMBER) to the alert system when the system is activated regarding a
missing person with an intellectual disability or a missing person
with a guardian.
SECTION 6. Not later than December 1, 2019, the Public
Safety Commission shall adopt rules and the public safety director
of the Department of Public Safety of the State of Texas shall issue
directives necessary to implement Subchapter L, Chapter 411,
Government Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2019.