Bill Text: TX HB1769 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of a statewide alert system for certain missing adults and to a study of the alert system.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB1769 Detail]
Download: Texas-2019-HB1769-Enrolled.html
H.B. No. 1769 |
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relating to the creation of a statewide alert system for certain | ||
missing adults and to a study of the alert system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter Q to read as follows: | ||
SUBCHAPTER Q. ALERT FOR MISSING ADULTS | ||
Sec. 411.461. DEFINITIONS. In this subchapter: | ||
(1) "Adult" means a person who is 18 years of age or | ||
older but younger than 65 years of age. | ||
(2) "Alert" means the statewide alert for missing | ||
adults 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 a | ||
missing adult. | ||
Sec. 411.462. ALERT FOR MISSING ADULTS. 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 a missing | ||
adult. | ||
Sec. 411.463. 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 adult is missing and | ||
whether circumstances indicate that: | ||
(A) the missing adult is in imminent danger of | ||
bodily injury or death; or | ||
(B) the disappearance of the missing adult may | ||
not have been voluntary, including cases of abduction or | ||
kidnapping; | ||
(2) a description of the circumstances under which a | ||
local law enforcement agency is required to report a missing adult | ||
to the department; and | ||
(3) the procedures to be used by an individual or | ||
entity to report information about a missing adult 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. 411.464. 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. 411.465. 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. 411.466. NOTIFICATION TO DEPARTMENT OF MISSING ADULT. | ||
(a) A local law enforcement agency shall notify the department if | ||
the agency: | ||
(1) receives a report regarding a missing adult; | ||
(2) verifies that at the time the adult is reported | ||
missing: | ||
(A) the person reported missing is 18 years of | ||
age or older but younger than 65 years of age; | ||
(B) the adult's location is unknown; and | ||
(C) the adult has been missing for less than 72 | ||
hours; | ||
(3) confirms that a preliminary investigation has | ||
taken place with respect to the disappearance and that, as a result | ||
of that investigation, the agency believes that the adult is | ||
missing under circumstances described by Section 411.463(b)(1)(A) | ||
or (B); and | ||
(4) believes sufficient information is available to | ||
disseminate to the public that could assist in locating the adult, a | ||
person suspected of abducting or kidnapping the adult, or a vehicle | ||
suspected of being used by the adult or in any abduction or | ||
kidnapping of the adult. | ||
(b) The department may modify the criteria described by | ||
Subsection (a) as necessary for the proper implementation of the | ||
alert system. | ||
Sec. 411.467. ACTIVATION OF ALERT. (a) When a local law | ||
enforcement agency notifies the department under Section 411.466, | ||
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 | ||
411.463. | ||
(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 411.466(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 missing adult. | ||
(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. 411.468. CONTENT OF ALERT. The alert must include: | ||
(1) all appropriate information that may lead to the | ||
safe recovery of the missing adult, as determined by the | ||
department; and | ||
(2) a statement instructing any person with | ||
information related to the missing adult to contact a local or state | ||
law enforcement agency. | ||
Sec. 411.469. TERMINATION OF ALERT. (a) The director shall | ||
terminate any activation of the alert with respect to a particular | ||
missing adult not later than the earlier of the date on which: | ||
(1) the missing adult 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 a missing | ||
adult who is the subject of an alert under this subchapter shall | ||
notify the department as soon as possible that the missing adult has | ||
been located. | ||
Sec. 411.470. LIMITATION ON PARTICIPATION BY TEXAS | ||
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(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. (a) The Department of Public Safety of the State | ||
of Texas shall conduct a study on the effectiveness of the statewide | ||
alert system described by Subchapter Q, Chapter 411, Government | ||
Code, as added by this Act. The study must investigate whether the | ||
statewide alert system fulfills the purpose for which the alert | ||
system was created and whether the alert system should be modified | ||
or expanded. | ||
(b) Not later than December 31, 2020, the Department of | ||
Public Safety of the State of Texas shall submit to the governor, | ||
lieutenant governor, and speaker of the house of representatives a | ||
report containing the results of the study conducted under | ||
Subsection (a) of this section, including any recommendations for | ||
proposed legislation. | ||
(c) This section expires December 31, 2021. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1769 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 136, Nays 3, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1769 was passed by the Senate on May | ||
14, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |