Texas 2021 - 87th Regular

Texas House Bill HB103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 103
	1	+	By: Landgraf, et al. (Senate Sponsor - Zaffirini) H.B. No. 103
	2	+	(In the Senate - Received from the House April 8, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 6, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to establishment of the Texas Active Shooter Alert System.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. This Act may be cited as the "Leilah Hernandez
8	14		Act."
9	15		SECTION 2. Chapter 411, Government Code, is amended by
10	16		adding Subchapter L-1 to read as follows:
11	17		SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM
12	18		Sec. 411.371. DEFINITION. In this subchapter, "alert
13	19		system" means the Texas Active Shooter Alert System established
14	20		under this subchapter.
15	21		Sec. 411.372. DEVELOPMENT AND IMPLEMENTATION OF ALERT
16	22		SYSTEM. With the cooperation of the Texas Department of
17	23		Transportation, the office of the governor, and other appropriate
18	24		law enforcement agencies in this state, the department shall
19	25		develop and implement an alert system to be activated on report of
20	26		an active shooter.
21	27		Sec. 411.373. ADMINISTRATION. (a) The director is the
22	28		statewide coordinator of the alert system.
23	29		(b) The director shall adopt rules and issue directives as
24	30		necessary to ensure proper implementation of the alert system. The
25	31		rules and directives must include instructions on the procedures
26	32		for activating and deactivating the alert system.
27	33		(c) The director shall prescribe forms for local law
28	34		enforcement agencies to use in requesting activation of the alert
29	35		system.
30	36		Sec. 411.374. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The
31	37		department shall recruit public and commercial television and radio
32	38		broadcasters, mobile telephone service providers by use of the
33	39		federal Wireless Emergency Alert system, private commercial
34	40		entities, state or local governmental entities, the public, and
35	41		other appropriate persons to assist in developing and implementing
36	42		the alert system.
37	43		(b) The department may enter into agreements with
38	44		participants in the alert system to provide necessary support for
39	45		the alert system.
40	46		Sec. 411.375. ACTIVATION. (a) On the request of a local law
41	47		enforcement agency or as the department determines appropriate to
42	48		assist a local law enforcement agency regarding an active shooter,
43	49		the department shall activate the alert system and notify
44	50		appropriate participants in the alert system as established by rule
45	51		if the local law enforcement agency or department:
46	52		(1) believes an active shooter is in the agency's
47	53		jurisdiction;
48	54		(2) determines an active shooter alert would assist
49	55		individuals near the active shooter's location;
50	56		(3) verifies the active shooter situation through a
51	57		preliminary investigation; and
52	58		(4) provides the active shooter's last known location
53	59		and any identifiable information for the active shooter.
54	60		(b) The department may modify the criteria described by
55	61		Subsection (a) as necessary for the proper implementation of the
56	62		alert system.
57	63		Sec. 411.376. LOCAL LAW ENFORCEMENT AGENCIES. Before
58	64		requesting activation of the alert system, a local law enforcement
59	65		agency must verify that the criteria described by Section
60	66		411.375(a) have been satisfied. On verification of the applicable
61	67		criteria, the local law enforcement agency may immediately contact
62	68		the department to request activation and supply the necessary
63	69		information on forms prescribed by the director.
64	70		Sec. 411.377. STATE AGENCIES. (a) A state agency
65	71		participating in the alert system shall:
66	72		(1) cooperate with the department and assist in
67	73		developing and implementing the alert system; and
68	74		(2) establish a plan for providing relevant
69	75		information to its officers, investigators, or employees, as
70	76		appropriate, on activation of the alert system.
71	77		(b) In addition to its duties as a state agency under
72	78		Subsection (a), the Texas Department of Transportation shall
73	79		establish a plan for providing relevant information to the public
74	80		within 50 miles of an active shooter for which an alert has been
75	81		issued through an existing system of dynamic message signs located
76	82		across the state.
77	83		Sec. 411.378. LIMITATION ON PARTICIPATION BY TEXAS
78	84		DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.377(b),
79	85		the Texas Department of Transportation is not required to use any
80	86		existing system of dynamic message signs in a statewide alert
81	87		system created under this subchapter if the Texas Department of
82	88		Transportation receives notice from the United States Department of
83	89		Transportation Federal Highway Administration that the use of the
84	90		signs would result in the loss of federal highway funding or other
85	91		punitive actions taken against this state due to noncompliance with
86	92		federal laws, regulations, or policies.
87	93		Sec. 411.379. TERMINATION. The director shall terminate
88	94		any activation of the alert system for a particular active shooter
89	95		if:
90	96		(1) the active shooter situation is resolved; or
91	97		(2) the director or a local law enforcement agency
92	98		determines the alert system is no longer an effective tool for
93	99		providing relevant information to the public about the active
94	100		shooter.
95	101		Sec. 411.380. LIMITATION OF LIABILITY. The department or a
96	102		local law enforcement agency is not liable for failure to activate
97	103		the alert system.
98	104		SECTION 3. As soon as practicable after the effective date
99	105		of this Act, the public safety director of the Department of Public
100	106		Safety of the State of Texas shall adopt rules and issue directives
101	107		necessary to implement Subchapter L-1, Chapter 411, Government
102	108		Code, as added by this Act.
103	109		SECTION 4. This Act takes effect September 1, 2021.
104		-	______________________________ ______________________________
105		-	President of the Senate Speaker of the House
106		-	I certify that H.B. No. 103 was passed by the House on April
107		-	7, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
108		-	voting.
109		-	______________________________
110		-	Chief Clerk of the House
111		-	I certify that H.B. No. 103 was passed by the Senate on May
112		-	12, 2021, by the following vote: Yeas 30, Nays 0.
113		-	______________________________
114		-	Secretary of the Senate
115		-	APPROVED: _____________________
116		-	Date
117		-	_____________________
118		-	Governor
	110	+	* * * * *