88R11569 CJD-D
By: Sherman, Sr. H.B. No. 3330
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a task force on the statewide alert
systems for abducted children and missing persons with intellectual
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Child" means an individual younger than 18 years
of age.
(2) "Commission" means the Texas Commission on Law
Enforcement.
(3) "Task force" means the task force on the statewide
alert systems for abducted children and missing persons with
intellectual disabilities established by this Act.
(b) The task force is composed of the following 16 members
appointed by the presiding officer of the commission:
(1) a child with a physical disability;
(2) a child with a mental illness or intellectual
disability;
(3) a family member of a person with a mental illness
or intellectual disability;
(4) an employee of a local behavioral health
authority;
(5) a member of a community resource coordination
group as defined by Section 531.151, Government Code;
(6) an employee or volunteer of a nonprofit
organization that supports the self-advocacy of children;
(7) an employee or volunteer of a nonprofit
organization that provides services to children with disabilities;
(8) an employee or volunteer of a nonprofit
organization that provides services to children with mental health
needs;
(9) a school counselor certified under Subchapter B,
Chapter 21, Education Code, who has experience in offering
trauma-informed care to students;
(10) a physician with experience working with patients
with disabilities or a psychiatrist;
(11) an attorney licensed in this state whose practice
includes juvenile justice or family law;
(12) an attorney licensed in this state whose practice
includes probate or civil jurisprudence;
(13) a representative of the Texas Education Agency;
(14) a representative of the Health and Human Services
Commission;
(15) a representative of the Department of Family and
Protective Services; and
(16) a representative of the Department of Public
Safety.
(c) The task force shall elect a presiding officer from
among its membership.
(d) The presiding officer of the commission shall fill a
vacancy on the task force in the same manner as the original
appointment.
(e) The task force shall meet at least quarterly at the call
of the presiding officer. The task force may meet in person or by
electronic means.
(f) A task force member is not entitled to compensation for
service on the task force but, if authorized by the presiding
officer of the task force, may be reimbursed from funds available
for the purpose for actual and necessary expenses incurred in
performing task force duties.
(g) The task force may accept gifts, grants, and donations
to carry out the task force's duties under this Act.
(h) The commission shall establish a task force to study the
classification of cases for the statewide alert systems for
abducted children and missing persons with intellectual
disabilities provided under Subchapter L, Chapter 411, Government
Code, and the application of those systems to each case. The study
shall include:
(1) an analysis of children and persons with
intellectual disabilities reported missing throughout the state,
including:
(A) whether a statewide alert system was
activated as a result of the report;
(B) the following for each person reported
missing, if known:
(i) age;
(ii) gender;
(iii) ethnicity;
(iv) sexual orientation and gender
identity;
(v) human or sex trafficking risk score
calculated using a risk assessment regularly used by law
enforcement agencies in this state;
(vi) urban or rural designation, as defined
by the United States Census Bureau in the most recent census, for
the person's residence; and
(vii) opportunity zone, as defined by the
Internal Revenue Service, for the person's residence; and
(C) the law enforcement response to the missing
persons report, including:
(i) if a 911 or 311 call was made in
relation to the missing person's disappearance, the 911 or 311
classification applied to the call in the applicable computer-aided
dispatch system, including missing, runaway, abducted, or
kidnapped;
(ii) the classification of the missing
persons case within any applicable law enforcement database,
including a jail management system or offender management system;
(iii) any indication included in the report
indicating the mental health condition of the missing person;
(iv) whether law enforcement agencies in
adjoining municipalities or counties were notified of the missing
person; and
(v) the law enforcement agency's
communication with the missing person's parent, caregiver, or
another person who reported the person missing; and
(2) a description of any trends or patterns in the data
analyzed under Subdivision (1) that indicate that a group or subset
of missing persons cases are treated differently than others based
on a characteristic of the missing person.
(i) The task force shall compile information regarding each
law enforcement agency and agency providing 911 dispatch operations
in this state. The information must include:
(1) whether the agency has a written mental health
policy applicable to alleged victims or offenders, including
whether the policy has specific provisions relating to victims or
offenders who are children;
(2) the number of employees of the agency that have
received specialized training in mental health related fields;
(3) a description of each training course described by
Subdivision (2) attended by an employee of the agency; and
(4) the frequency with which each employee attended a
training course described by Subdivision (2).
(j) Based on the result of the study conducted under
Subsection (h) and the information compiled under Subsection (i),
the task force shall develop recommendations to increase the
consistent application of the statewide alert systems for abducted
children and missing persons with intellectual disabilities,
including by standardizing case classifications and other law
enforcement procedures for missing persons cases, including
missing persons cases involving a missing person with a mental
illness.
(k) Not later than September 1 of each even-numbered year,
the task force shall prepare and submit to each member of the
legislature, the Commission on Jail Standards, the Department of
Public Safety, the Texas Juvenile Justice Department, the Texas
Civil Commitment Office, and the commission a written report that
includes the results of the study conducted under Subsection (h),
the information compiled under Subsection (i), and the
recommendations developed under Subsection (j) and any other
legislative or regulatory recommendations.
(l) Chapter 2110, Government Code, does not apply to the
task force.
(m) The task force is abolished and this Act expires
September 1, 2030.
SECTION 2. Not later than November 1, 2023, the presiding
officer of the Texas Commission on Law Enforcement shall appoint
the members of the task force on statewide alert systems for
abducted children and missing persons with intellectual
disabilities as required by Section 1 of this Act.
SECTION 3. This Act takes effect September 1, 2023.