H.B. No. 103
AN ACT
relating to establishment of the Texas Active Shooter Alert System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the "Leilah Hernandez
Act."
SECTION 2. Chapter 411, Government Code, is amended by
adding Subchapter L-1 to read as follows:
SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM
Sec. 411.371. DEFINITION. In this subchapter, "alert
system" means the Texas Active Shooter Alert System established
under this subchapter.
Sec. 411.372. DEVELOPMENT AND IMPLEMENTATION OF ALERT
SYSTEM. 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 an alert system to be activated on report of
an active shooter.
Sec. 411.373. 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 instructions on the procedures
for activating and deactivating the alert system.
(c) The director shall prescribe forms for local law
enforcement agencies to use in requesting activation of the alert
system.
Sec. 411.374. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The
department shall recruit public and commercial television and radio
broadcasters, mobile telephone service providers by use of the
federal Wireless Emergency Alert system, private commercial
entities, state or local governmental entities, the public, and
other appropriate persons to assist in developing and implementing
the alert system.
(b) The department may enter into agreements with
participants in the alert system to provide necessary support for
the alert system.
Sec. 411.375. ACTIVATION. (a) On the request of a local law
enforcement agency or as the department determines appropriate to
assist a local law enforcement agency regarding an active shooter,
the department shall activate the alert system and notify
appropriate participants in the alert system as established by rule
if the local law enforcement agency or department:
(1) believes an active shooter is in the agency's
jurisdiction;
(2) determines an active shooter alert would assist
individuals near the active shooter's location;
(3) verifies the active shooter situation through a
preliminary investigation; and
(4) provides the active shooter's last known location
and any identifiable information for the active shooter.
(b) The department may modify the criteria described by
Subsection (a) as necessary for the proper implementation of the
alert system.
Sec. 411.376. LOCAL LAW ENFORCEMENT AGENCIES. Before
requesting activation of the alert system, a local law enforcement
agency must verify that the criteria described by Section
411.375(a) have been satisfied. On verification of the applicable
criteria, the local law enforcement agency may immediately contact
the department to request activation and supply the necessary
information on forms prescribed by the director.
Sec. 411.377. 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, on activation of the alert system.
(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
within 50 miles of an active shooter for which an alert has been
issued through an existing system of dynamic message signs located
across the state.
Sec. 411.378. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.377(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 Texas Department of
Transportation 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.
Sec. 411.379. TERMINATION. The director shall terminate
any activation of the alert system for a particular active shooter
if:
(1) the active shooter situation is resolved; or
(2) the director or a local law enforcement agency
determines the alert system is no longer an effective tool for
providing relevant information to the public about the active
shooter.
Sec. 411.380. LIMITATION OF LIABILITY. The department or a
local law enforcement agency is not liable for failure to activate
the alert system.
SECTION 3. As soon as practicable after the effective date
of this Act, the public safety director of the Department of Public
Safety of the State of Texas shall adopt rules and issue directives
necessary to implement Subchapter L-1, Chapter 411, Government
Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 103 was passed by the House on April
7, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 103 was passed by the Senate on May
12, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor