Texas 2021 - 87th Regular

Texas House Bill HB2922 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16368 EAS-D
2		-	By: Buckley, Guillen H.B. No. 2922
3		-	Substitute the following for H.B. No. 2922:
4		-	By: White C.S.H.B. No. 2922
	1	+	87R7605 EAS-D
	2	+	By: Buckley H.B. No. 2922
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the creation of a statewide alert system for certain
10	8		adolescents in danger.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Chapter 411, Government Code, is amended by
13	11		adding Subchapter S to read as follows:
14	12		SUBCHAPTER S. ALERT FOR ADOLESCENTS IN DANGER
15	13		Sec. 411.551. DEFINITIONS. In this subchapter:
16	14		(1) "Adolescent in danger" means an individual 16
17	15		years of age or younger who is reported or suspected to be with a
18	16		registered sex offender.
19	17		(2) "Alert" means the statewide alert for an
20	18		adolescent in danger that is developed and implemented under this
21	19		subchapter.
22	20		(3) "Bodily injury" has the meaning assigned by
23	21		Section 1.07, Penal Code.
24	22		(4) "Local law enforcement agency" means a local law
25	23		enforcement agency with jurisdiction over the investigation of an
26	24		adolescent in danger.
27	25		(5) "Registered sex offender" means an individual who
28	26		is required to register as a sex offender under Chapter 62, Code of
29	27		Criminal Procedure.
30	28		Sec. 411.552. ALERT FOR ADOLESCENTS IN DANGER. With the
31	29		cooperation of the Texas Department of Transportation, the office
32	30		of the governor, and other appropriate law enforcement agencies in
33	31		this state, the department shall develop and implement a system to
34	32		allow a statewide alert to be activated on behalf of an adolescent
35	33		in danger.
36	34		Sec. 411.553. ADMINISTRATION. (a) The director is the
37	35		statewide coordinator of the alert system.
38	36		(b) The director shall adopt rules and issue directives as
39	37		necessary to ensure proper implementation of the alert system. The
40	38		rules and directives must include:
41	39		(1) the procedures to be used by a local law
42	40		enforcement agency to verify whether an adolescent is reported or
43	41		suspected to be with a registered sex offender and whether
44	42		circumstances indicate that the adolescent is in imminent danger of
45	43		suffering bodily injury or becoming a victim of an offense
46	44		described by Article 62.001(5), Code of Criminal Procedure;
47	45		(2) a description of the circumstances under which a
48	46		local law enforcement agency may report an adolescent in danger to
49	47		the department; and
50	48		(3) the procedures to be used by an individual or
51	49		entity to report information about an adolescent in danger to
52	50		designated media outlets in this state.
53	51		(c) The director shall prescribe forms for use by local law
54	52		enforcement agencies in requesting activation of the alert system.
55	53		Sec. 411.554. DEPARTMENT TO RECRUIT PARTICIPANTS. The
56	54		department shall recruit public and commercial television and radio
57	55		broadcasters, private commercial entities, state or local
58	56		governmental entities, the public, and other appropriate persons to
59	57		assist in developing and implementing the alert system.
60	58		Sec. 411.555. STATE AGENCIES. (a) A state agency
61	59		participating in the alert system shall:
62	60		(1) cooperate with the department and assist in
63	61		developing and implementing the alert system; and
64	62		(2) establish a plan for providing relevant
65	63		information to its officers, investigators, or employees, as
66	64		appropriate, once the alert system has been activated.
67	65		(b) In addition to its duties as a state agency under
68	66		Subsection (a), the Texas Department of Transportation shall
69	67		establish a plan for providing relevant information to the public
70	68		through an existing system of dynamic message signs located across
71	69		the state.
72	70		Sec. 411.556. NOTIFICATION TO DEPARTMENT OF ADOLESCENT IN
73	71		DANGER. (a) A local law enforcement agency may notify the
74	72		department regarding an adolescent in danger if:
75	73		(1) the local law enforcement agency believes that an
76	74		adolescent is in danger and circumstances indicate that:
77		-	(A) the adolescent is 16 years of age or younger;
	75	+	(A) the adolescent is younger than 16 years of
	76	+	age;
78	77		(B) the adolescent is reported or suspected to be
79		-	with a registered sex offender, including a registered sex offender
80		-	related to the child by any degree of consanguinity or affinity as
81		-	defined under Subchapter B, Chapter 573; and
	78	+	with a registered sex offender other than the adolescent's parent
	79	+	or guardian, including a registered sex offender related to the
	80	+	child by any degree of consanguinity or affinity as defined under
	81	+	Subchapter B, Chapter 573; and
82	82		(C) regardless of whether the adolescent
83		-	departed willingly with the registered sex offender, if the
84		-	registered sex offender described by Paragraph (B) is not the
85		-	adolescent's parent or guardian, the adolescent has been taken from
86		-	the care and custody of the adolescent's parent or legal guardian:
87		-	(i) without the permission of the
88		-	adolescent's parent or guardian; or
89		-	(ii) if the adolescent's parent or guardian
90		-	is a registered sex offender, with or without the parent's or
91		-	guardian's permission;
	83	+	departed willingly with the other person, the adolescent has been
	84	+	taken from the care and custody of the adolescent's parent or legal
	85	+	guardian without the permission of the parent or guardian or, if the
	86	+	parent or guardian is a registered sex offender, with or without the
	87	+	parent's or guardian's permission;
92	88		(2) the local law enforcement agency believes that the
93	89		adolescent is in immediate danger of suffering bodily injury or
94	90		becoming the victim of an offense under Article 62.001(5), Code of
95	91		Criminal Procedure; and
96	92		(3) sufficient information is available to
97	93		disseminate to the public that could assist in locating the
98	94		adolescent in danger, a registered sex offender suspected of being
99	95		with the adolescent in danger, or a vehicle suspected of being used
100	96		by the registered sex offender or the adolescent in danger.
101	97		(b) In determining whether to notify the department, the
102	98		local law enforcement agency shall consider all factors relevant to
103	99		the safety of the adolescent in danger, including:
104	100		(1) whether the registered sex offender has previously
105	101		committed criminal acts of violence; and
106	102		(2) whether the registered sex offender is more than
107	103		three years older than the adolescent in danger.
108	104		(c) The department may modify the criteria described by
109	105		Subsection (a) as necessary for the proper implementation of the
110	106		alert system.
111	107		Sec. 411.557. ACTIVATION OF ALERT. (a) When a local law
112	108		enforcement agency notifies the department under Section 411.556,
113	109		the department shall confirm the accuracy of the information and,
114	110		if confirmed, immediately issue an alert under this subchapter in
115	111		accordance with the department's rules and directives under Section
116	112		411.553.
117	113		(b) The department may issue the alert on its own
118	114		initiative, without receiving the notification described by
119	115		Subsection (a), if the issuance conforms to the department's rules
120	116		and directives and if the criteria described by Section 411.556(a)
121	117		are satisfied.
122	118		(c) In issuing the alert, the department shall send the
123	119		alert to designated media outlets in this state. Following receipt
124	120		of the alert, participating radio stations and television stations
125	121		and other participating media outlets may issue the alert at
126	122		designated intervals to assist in locating the adolescent in
127	123		danger.
128	124		(d) The department shall also send the alert to:
129	125		(1) any appropriate law enforcement agency;
130	126		(2) the Texas Department of Transportation;
131	127		(3) the Texas Lottery Commission; and
132	128		(4) the Independent Bankers Association of Texas.
133	129		Sec. 411.558. CONTENT OF ALERT. The alert must include:
134	130		(1) all appropriate information that may lead to the
135	131		safe recovery of the adolescent in danger, as determined by the
136	132		department; and
137	133		(2) a statement instructing any person with
138	134		information related to the adolescent in danger to contact a local
139	135		or state law enforcement agency.
140	136		Sec. 411.559. TERMINATION OF ALERT. (a) The director shall
141	137		terminate any activation of the alert with respect to a particular
142	138		adolescent in danger not later than the earlier of the date on
143	139		which:
144	140		(1) the adolescent in danger is located or the
145	141		situation is otherwise resolved; or
146	142		(2) the notification period ends, as determined by
147	143		department rule.
148	144		(b) A local law enforcement agency that locates an
149	145		adolescent in danger who is the subject of an alert under this
150	146		subchapter shall notify the department as soon as possible that the
151	147		adolescent in danger has been located.
152	148		Sec. 411.560. LIMITATION ON PARTICIPATION BY TEXAS
153	149		DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.555(b),
154	150		the Texas Department of Transportation is not required to use any
155	151		existing system of dynamic message signs in a statewide alert
156	152		system created under this subchapter if the department receives
157	153		notice from the United States Department of Transportation Federal
158	154		Highway Administration that the use of the signs would result in the
159	155		loss of federal highway funding or other punitive actions taken
160	156		against this state due to noncompliance with federal laws,
161	157		regulations, or policies.
162	158		SECTION 2. This Act takes effect September 1, 2021.