Texas 2021 - 87th Regular

Texas House Bill HB377 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R557 JG-D
2	2	By: Smith H.B. No. 377
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an alert for a missing person experiencing a mental
8	8	health crisis.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter L, Chapter 411,
11	11	Government Code, is amended to read as follows:
12	12	SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY
13	13	RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND CERTAIN
14	14	OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES]
15	15	SECTION 2. Section 411.351, Government Code, is amended by
16	16	amending Subdivisions (2), (3), and (3-a) and adding Subdivision
17	17	(3-b) to read as follows:
18	18	(2) "Alert system" means the statewide America's
19	19	Missing: Broadcast Emergency Response (AMBER) alert system for
20	20	abducted children and certain other missing persons [with
21	21	intellectual disabilities].
22	22	(3) "Local law enforcement agency" means a local law
23	23	enforcement agency with jurisdiction over the investigation of:
24	24	(A) the abduction of a child; [or]
25	25	(B) a missing person with an intellectual
26	26	disability; or
27	27	(C) a missing person experiencing a mental health
28	28	crisis.
29	29	(3-a) "Person experiencing a mental health crisis"
30	30	means a person who is experiencing a mental health crisis and due to
31	31	that crisis poses a danger to the person or to others.
32	32	(3-b) "Pervasive developmental disorder" means a
33	33	disorder that meets the criteria for a pervasive developmental
34	34	disorder established in the most recent Diagnostic and Statistical
35	35	Manual of Mental Disorders published by the American Psychiatric
36	36	Association.
37	37	SECTION 3. Section 411.352, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST
40	40	EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND
41	41	CERTAIN OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES].
42	42	With the cooperation of the Texas Department of Transportation, the
43	43	office of the governor, and other appropriate law enforcement
44	44	agencies in this state, the department shall develop and implement
45	45	a statewide alert system to be activated on behalf of an abducted
46	46	child, [or] a missing person with an intellectual disability, or a
47	47	missing person experiencing a mental health crisis.
48	48	SECTION 4. Section 411.355(b), Government Code, is amended
49	49	to read as follows:
50	50	(b) On the request of a local law enforcement agency
51	51	regarding a missing person with an intellectual disability or a
52	52	missing person experiencing a mental health crisis, the department
53	53	shall activate the alert system and notify appropriate participants
54	54	in the alert system, as established by rule, if:
55	55	(1) the local law enforcement agency receives notice
56	56	of a missing person with an intellectual disability or a missing
57	57	person experiencing a mental health crisis;
58	58	(2) the local law enforcement agency verifies that at
59	59	the time the person is reported missing:
60	60	(A) the person, as applicable:
61	61	(i) has an intellectual disability, as
62	62	determined according to the procedure provided by Section 593.005,
63	63	Health and Safety Code; or
64	64	(ii) is experiencing a mental health crisis
65	65	and due to that crisis poses a danger to the person or to others; and
66	66	(B) the person's location is unknown;
67	67	(3) the local law enforcement agency determines that
68	68	the person's disappearance poses a credible threat to the person's
69	69	health and safety; and
70	70	(4) sufficient information is available to
71	71	disseminate to the public that could assist in locating the person.
72	72	SECTION 5. Sections 411.358 and 411.359, Government Code,
73	73	are amended to read as follows:
74	74	Sec. 411.358. TERMINATION. The director shall terminate
75	75	any activation of the alert system with respect to a particular
76	76	abducted child, [or a particular] missing person with an
77	77	intellectual disability, or missing person experiencing a mental
78	78	health crisis if:
79	79	(1) the abducted child or missing person is recovered
80	80	or the situation is otherwise resolved; or
81	81	(2) the director determines that the alert system is
82	82	no longer an effective tool for locating and recovering the
83	83	abducted child or missing person.
84	84	Sec. 411.359. SYSTEM NAME. The director by rule may assign
85	85	a name other than America's Missing: Broadcast Emergency Response
86	86	(AMBER) to the alert system when the system is activated regarding a
87	87	missing person with an intellectual disability or a missing person
88	88	experiencing a mental health crisis.
89	89	SECTION 6. Not later than December 1, 2021, the Public
90	90	Safety Commission shall adopt rules and the public safety director
91	91	of the Department of Public Safety of the State of Texas shall issue
92	92	directives necessary to implement Subchapter L, Chapter 411,
93	93	Government Code, as amended by this Act.
94	94	SECTION 7. This Act takes effect September 1, 2021.