1 | 1 | | 87R2688 SCL-D |
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2 | 2 | | By: Zaffirini S.B. No. 958 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to establishment of the Texas Active Shooter Alert System. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. This Act may be cited as the "Leilah Hernandez |
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10 | 10 | | Act." |
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11 | 11 | | SECTION 2. Chapter 411, Government Code, is amended by |
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12 | 12 | | adding Subchapter L-1 to read as follows: |
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13 | 13 | | SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM |
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14 | 14 | | Sec. 411.371. DEFINITION. In this subchapter, "alert |
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15 | 15 | | system" means the Texas Active Shooter Alert System established |
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16 | 16 | | under this subchapter. |
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17 | 17 | | Sec. 411.372. DEVELOPMENT AND IMPLEMENTATION OF ALERT |
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18 | 18 | | SYSTEM. With the cooperation of the Texas Department of |
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19 | 19 | | Transportation, the office of the governor, and other appropriate |
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20 | 20 | | law enforcement agencies in this state, the department shall |
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21 | 21 | | develop and implement an alert system to be activated on report of |
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22 | 22 | | an active shooter. |
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23 | 23 | | Sec. 411.373. ADMINISTRATION. (a) The director is the |
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24 | 24 | | statewide coordinator of the alert system. |
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25 | 25 | | (b) The director shall adopt rules and issue directives as |
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26 | 26 | | necessary to ensure proper implementation of the alert system. The |
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27 | 27 | | rules and directives must include instructions on the procedures |
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28 | 28 | | for activating and deactivating the alert system. |
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29 | 29 | | (c) The director shall prescribe forms for local law |
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30 | 30 | | enforcement agencies to use in requesting activation of the alert |
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31 | 31 | | system. |
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32 | 32 | | Sec. 411.374. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The |
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33 | 33 | | department shall recruit public and commercial television and radio |
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34 | 34 | | broadcasters, mobile telephone service providers, private |
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35 | 35 | | commercial entities, state or local governmental entities, the |
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36 | 36 | | public, and other appropriate persons to assist in developing and |
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37 | 37 | | implementing the alert system. |
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38 | 38 | | (b) The department may enter into agreements with |
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39 | 39 | | participants in the alert system to provide necessary support for |
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40 | 40 | | the alert system. |
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41 | 41 | | Sec. 411.375. ACTIVATION. (a) On the request of a local law |
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42 | 42 | | enforcement agency regarding an active shooter, the department |
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43 | 43 | | shall activate the alert system in a 50-mile radius of the active |
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44 | 44 | | shooter's location and notify appropriate participants in the alert |
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45 | 45 | | system as established by rule if the local law enforcement agency: |
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46 | 46 | | (1) believes an active shooter is in the agency's |
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47 | 47 | | jurisdiction; |
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48 | 48 | | (2) determines an active shooter alert would assist |
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49 | 49 | | individuals near the active shooter's location; |
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50 | 50 | | (3) verifies the active shooter situation through a |
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51 | 51 | | preliminary investigation; and |
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52 | 52 | | (4) provides the department with the active shooter's |
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53 | 53 | | last known location and any identifiable information for the active |
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54 | 54 | | shooter. |
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55 | 55 | | (b) The department may modify the criteria described by |
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56 | 56 | | Subsection (a) as necessary for the proper implementation of the |
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57 | 57 | | alert system. |
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58 | 58 | | Sec. 411.376. LOCAL LAW ENFORCEMENT AGENCIES. Before |
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59 | 59 | | requesting activation of the alert system, a local law enforcement |
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60 | 60 | | agency must verify that the criteria described by Section |
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61 | 61 | | 411.375(a) have been satisfied. On verification of the applicable |
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62 | 62 | | criteria, the local law enforcement agency may immediately contact |
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63 | 63 | | the department to request activation and supply the necessary |
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64 | 64 | | information on forms prescribed by the director. |
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65 | 65 | | Sec. 411.377. STATE AGENCIES. (a) A state agency |
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66 | 66 | | participating in the alert system shall: |
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67 | 67 | | (1) cooperate with the department and assist in |
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68 | 68 | | developing and implementing the alert system; and |
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69 | 69 | | (2) establish a plan for providing relevant |
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70 | 70 | | information to its officers, investigators, or employees, as |
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71 | 71 | | appropriate, on activation of the alert system. |
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72 | 72 | | (b) In addition to its duties as a state agency under |
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73 | 73 | | Subsection (a), the Texas Department of Transportation shall |
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74 | 74 | | establish a plan for providing relevant information to the public |
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75 | 75 | | within 50 miles of an active shooter for which an alert has been |
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76 | 76 | | issued through an existing system of dynamic message signs located |
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77 | 77 | | across the state. |
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78 | 78 | | Sec. 411.378. TERMINATION. The director shall terminate |
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79 | 79 | | any activation of the alert system for a particular active shooter |
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80 | 80 | | if: |
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81 | 81 | | (1) the active shooter situation is resolved; or |
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82 | 82 | | (2) the director determines the alert system is no |
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83 | 83 | | longer an effective tool for providing relevant information to the |
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84 | 84 | | public about the active shooter. |
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85 | 85 | | SECTION 3. As soon as practicable after the effective date |
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86 | 86 | | of this Act, the public safety director of the Department of Public |
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87 | 87 | | Safety of the State of Texas shall adopt rules and issue directives |
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88 | 88 | | necessary to implement Subchapter L-1, Chapter 411, Government |
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89 | 89 | | Code, as added by this Act. |
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90 | 90 | | SECTION 4. This Act takes effect September 1, 2021. |
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