87R16368 EAS-D
By: Buckley, Guillen H.B. No. 2922
Substitute the following for H.B. No. 2922:
By: White C.S.H.B. No. 2922
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a statewide alert system for certain
adolescents in danger.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. ALERT FOR ADOLESCENTS IN DANGER
Sec. 411.551. DEFINITIONS. In this subchapter:
(1) "Adolescent in danger" means an individual 16
years of age or younger who is reported or suspected to be with a
registered sex offender.
(2) "Alert" means the statewide alert for an
adolescent in danger that is developed and implemented under this
subchapter.
(3) "Bodily injury" has the meaning assigned by
Section 1.07, Penal Code.
(4) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of an
adolescent in danger.
(5) "Registered sex offender" means an individual who
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure.
Sec. 411.552. ALERT FOR ADOLESCENTS IN DANGER. 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 system to
allow a statewide alert to be activated on behalf of an adolescent
in danger.
Sec. 411.553. 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:
(1) the procedures to be used by a local law
enforcement agency to verify whether an adolescent is reported or
suspected to be with a registered sex offender and whether
circumstances indicate that the adolescent is in imminent danger of
suffering bodily injury or becoming a victim of an offense
described by Article 62.001(5), Code of Criminal Procedure;
(2) a description of the circumstances under which a
local law enforcement agency may report an adolescent in danger to
the department; and
(3) the procedures to be used by an individual or
entity to report information about an adolescent in danger to
designated media outlets in this state.
(c) The director shall prescribe forms for use by local law
enforcement agencies in requesting activation of the alert system.
Sec. 411.554. DEPARTMENT TO RECRUIT PARTICIPANTS. The
department shall recruit public and commercial television and radio
broadcasters, private commercial entities, state or local
governmental entities, the public, and other appropriate persons to
assist in developing and implementing the alert system.
Sec. 411.555. 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, once the alert system has been activated.
(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
through an existing system of dynamic message signs located across
the state.
Sec. 411.556. NOTIFICATION TO DEPARTMENT OF ADOLESCENT IN
DANGER. (a) A local law enforcement agency may notify the
department regarding an adolescent in danger if:
(1) the local law enforcement agency believes that an
adolescent is in danger and circumstances indicate that:
(A) the adolescent is 16 years of age or younger;
(B) the adolescent is reported or suspected to be
with a registered sex offender, including a registered sex offender
related to the child by any degree of consanguinity or affinity as
defined under Subchapter B, Chapter 573; and
(C) regardless of whether the adolescent
departed willingly with the registered sex offender, if the
registered sex offender described by Paragraph (B) is not the
adolescent's parent or guardian, the adolescent has been taken from
the care and custody of the adolescent's parent or legal guardian:
(i) without the permission of the
adolescent's parent or guardian; or
(ii) if the adolescent's parent or guardian
is a registered sex offender, with or without the parent's or
guardian's permission;
(2) the local law enforcement agency believes that the
adolescent is in immediate danger of suffering bodily injury or
becoming the victim of an offense under Article 62.001(5), Code of
Criminal Procedure; and
(3) sufficient information is available to
disseminate to the public that could assist in locating the
adolescent in danger, a registered sex offender suspected of being
with the adolescent in danger, or a vehicle suspected of being used
by the registered sex offender or the adolescent in danger.
(b) In determining whether to notify the department, the
local law enforcement agency shall consider all factors relevant to
the safety of the adolescent in danger, including:
(1) whether the registered sex offender has previously
committed criminal acts of violence; and
(2) whether the registered sex offender is more than
three years older than the adolescent in danger.
(c) The department may modify the criteria described by
Subsection (a) as necessary for the proper implementation of the
alert system.
Sec. 411.557. ACTIVATION OF ALERT. (a) When a local law
enforcement agency notifies the department under Section 411.556,
the department shall confirm the accuracy of the information and,
if confirmed, immediately issue an alert under this subchapter in
accordance with the department's rules and directives under Section
411.553.
(b) The department may issue the alert on its own
initiative, without receiving the notification described by
Subsection (a), if the issuance conforms to the department's rules
and directives and if the criteria described by Section 411.556(a)
are satisfied.
(c) In issuing the alert, the department shall send the
alert to designated media outlets in this state. Following receipt
of the alert, participating radio stations and television stations
and other participating media outlets may issue the alert at
designated intervals to assist in locating the adolescent in
danger.
(d) The department shall also send the alert to:
(1) any appropriate law enforcement agency;
(2) the Texas Department of Transportation;
(3) the Texas Lottery Commission; and
(4) the Independent Bankers Association of Texas.
Sec. 411.558. CONTENT OF ALERT. The alert must include:
(1) all appropriate information that may lead to the
safe recovery of the adolescent in danger, as determined by the
department; and
(2) a statement instructing any person with
information related to the adolescent in danger to contact a local
or state law enforcement agency.
Sec. 411.559. TERMINATION OF ALERT. (a) The director shall
terminate any activation of the alert with respect to a particular
adolescent in danger not later than the earlier of the date on
which:
(1) the adolescent in danger is located or the
situation is otherwise resolved; or
(2) the notification period ends, as determined by
department rule.
(b) A local law enforcement agency that locates an
adolescent in danger who is the subject of an alert under this
subchapter shall notify the department as soon as possible that the
adolescent in danger has been located.
Sec. 411.560. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.555(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 department 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.
SECTION 2. This Act takes effect September 1, 2021.