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A BILL TO BE ENTITLED
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AN ACT
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relating to a silver alert for missing senior citizens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS |
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Sec. 411.381. DEFINITIONS. In this subchapter: |
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(1) "Alert" means the statewide silver alert for |
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missing senior citizens. |
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(2) "Local law enforcement agency" means a local law |
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enforcement agency with jurisdiction over the investigation of a |
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missing senior citizen. |
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(3) "Senior citizen" means a person who is 65 years of |
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age or older. |
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Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS. |
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With the cooperation of the Texas Department of Transportation, the |
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office of the governor, and other appropriate law enforcement |
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agencies in this state, the department shall develop and implement |
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a statewide alert to be activated on behalf of an endangered missing |
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senior citizen. |
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Sec. 411.383. ADMINISTRATION. (a) The director is the |
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statewide coordinator of the alert. |
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(b) The director shall adopt rules and issue directives as |
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necessary to ensure proper implementation of the alert. The rules |
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and directives must include instructions on the procedures for |
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activating and deactivating the alert. |
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(c) The director shall prescribe forms for use by local law |
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enforcement agencies in requesting activation of the alert. |
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Sec. 411.384. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The |
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department shall recruit public and commercial television and radio |
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broadcasters, private commercial entities, state or local |
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governmental entities, the public, and other appropriate persons to |
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assist in developing and implementing the alert. |
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(b) The department may enter into agreements with |
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participants in the alert to provide necessary support for the |
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alert. |
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Sec. 411.385. ACTIVATION. (a) On the request of a local |
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law enforcement agency, the department shall activate the alert and |
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notify appropriate participants of the alert, as established by |
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rule, if: |
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(1) the local law enforcement agency believes that a |
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senior citizen is missing under unexplained or suspicious |
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circumstances; |
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(2) the local law enforcement agency believes the |
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senior citizen is in danger because of the senior citizen's age, |
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mental or physical disability, or health issues; and |
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(3) sufficient information is available to |
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disseminate to the public that could assist in locating the senior |
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citizen. |
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(b) The department may modify the criteria described by |
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Subsection (a) as necessary for the proper implementation of the |
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alert. |
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(c) The department may activate the alert statewide or may |
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limit the alert to a specific area in this state where the senior |
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citizen is most likely to be located. The director shall adopt |
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rules to implement this subsection. The rules must take into |
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account: |
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(1) the circumstances surrounding the senior citizen's |
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disappearance; and |
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(2) the senior citizen's access to a motor vehicle or |
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other form of transportation. |
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Sec. 411.386. LOCAL LAW ENFORCEMENT AGENCIES. Before |
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requesting activation of the alert, a local law enforcement agency |
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must verify that the criteria described by Section 411.385(a) have |
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been satisfied. On verification of the criteria, the local law |
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enforcement agency shall immediately contact the department to |
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request activation and shall supply the necessary information on |
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the forms prescribed by the director. |
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Sec. 411.387. STATE AGENCIES. (a) A state agency |
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participating in the alert shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert; and |
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(2) establish a plan for providing relevant |
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information to its officers, investigators, or employees, as |
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appropriate, once the alert has been activated. |
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(b) In addition to its duties as a state agency under |
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Subsection (a), the Texas Department of Transportation shall |
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establish a plan for providing relevant information to the public |
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through an existing system of dynamic message signs located across |
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the state. |
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Sec. 411.388. TERMINATION. The director shall terminate |
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any activation of the alert with respect to a particular missing |
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senior citizen if: |
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(1) the senior citizen is located or the situation is |
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otherwise resolved; or |
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(2) the director determines that the alert is no |
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longer an effective tool for locating the senior citizen. |
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SECTION 2. This Act takes effect September 1, 2007. |