87R557 JG-D
By: Smith H.B. No. 377
A BILL TO BE ENTITLED
AN ACT
relating to an alert for a missing person experiencing a mental
health crisis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter L, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY
RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND CERTAIN
OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES]
SECTION 2. Section 411.351, Government Code, is amended by
amending Subdivisions (2), (3), and (3-a) and adding Subdivision
(3-b) to read as follows:
(2) "Alert system" means the statewide America's
Missing: Broadcast Emergency Response (AMBER) alert system for
abducted children and certain other missing persons [with
intellectual disabilities].
(3) "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of:
(A) the abduction of a child; [or]
(B) a missing person with an intellectual
disability; or
(C) a missing person experiencing a mental health
crisis.
(3-a) "Person experiencing a mental health crisis"
means a person who is experiencing a mental health crisis and due to
that crisis poses a danger to the person or to others.
(3-b) "Pervasive developmental disorder" means a
disorder that meets the criteria for a pervasive developmental
disorder established in the most recent Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association.
SECTION 3. Section 411.352, Government Code, is amended to
read as follows:
Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST
EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND
CERTAIN OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES].
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 statewide alert system to be activated on behalf of an abducted
child, [or] a missing person with an intellectual disability, or a
missing person experiencing a mental health crisis.
SECTION 4. Section 411.355(b), Government Code, is amended
to read as follows:
(b) On the request of a local law enforcement agency
regarding a missing person with an intellectual disability or a
missing person experiencing a mental health crisis, the department
shall activate the alert system and notify appropriate participants
in the alert system, as established by rule, if:
(1) the local law enforcement agency receives notice
of a missing person with an intellectual disability or a missing
person experiencing a mental health crisis;
(2) the local law enforcement agency verifies that at
the time the person is reported missing:
(A) the person, as applicable:
(i) has an intellectual disability, as
determined according to the procedure provided by Section 593.005,
Health and Safety Code; or
(ii) is experiencing a mental health crisis
and due to that crisis poses a danger to the person or to others; and
(B) the person's location is unknown;
(3) the local law enforcement agency determines that
the person's disappearance poses a credible threat to the person's
health and safety; and
(4) sufficient information is available to
disseminate to the public that could assist in locating the person.
SECTION 5. Sections 411.358 and 411.359, Government Code,
are amended to read as follows:
Sec. 411.358. TERMINATION. The director shall terminate
any activation of the alert system with respect to a particular
abducted child, [or a particular] missing person with an
intellectual disability, or missing person experiencing a mental
health crisis if:
(1) the abducted child or missing person is recovered
or the situation is otherwise resolved; or
(2) the director determines that the alert system is
no longer an effective tool for locating and recovering the
abducted child or missing person.
Sec. 411.359. SYSTEM NAME. The director by rule may assign
a name other than America's Missing: Broadcast Emergency Response
(AMBER) to the alert system when the system is activated regarding a
missing person with an intellectual disability or a missing person
experiencing a mental health crisis.
SECTION 6. Not later than December 1, 2021, the Public
Safety Commission shall adopt rules and the public safety director
of the Department of Public Safety of the State of Texas shall issue
directives necessary to implement Subchapter L, Chapter 411,
Government Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2021.