Bill Text: TX HB3407 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to an alert for a missing person with a guardian.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Homeland Security & Public Safety [HB3407 Detail]
Download: Texas-2019-HB3407-Introduced.html
86R7298 JG-F | ||
By: Johnson of Harris | H.B. No. 3407 |
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relating to an alert for a missing person with a guardian. | ||
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 [ |
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SECTION 2. Section 411.351, Government Code, is amended by | ||
amending Subdivisions (2), (2-a), (3), and (3-a) and adding | ||
Subdivisions (2-b) and (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 [ |
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(2-a) "Guardian" has the meaning assigned by Section | ||
1002.012, Estates Code. | ||
(2-b) "Intellectual disability" means significantly | ||
subaverage general intellectual functioning that is concurrent | ||
with deficits in adaptive behavior and originates during the | ||
developmental period. The term includes a pervasive developmental | ||
disorder. | ||
(3) "Local law enforcement agency" means a local law | ||
enforcement agency with jurisdiction over the investigation of: | ||
(A) the abduction of a child; [ |
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(B) a missing person with an intellectual | ||
disability; or | ||
(C) a missing person with a guardian. | ||
(3-a) "Person with a guardian" means a person for whom | ||
a guardian has been appointed. | ||
(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 [ |
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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, [ |
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missing person with a guardian. | ||
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 with a guardian, 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 with a | ||
guardian; | ||
(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) has a guardian; 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, [ |
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intellectual disability, or missing person with a guardian 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 | ||
with a guardian. | ||
SECTION 6. Not later than December 1, 2019, 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, 2019. |