S.B. No. 1315
 
AN ACT
relating to a silver alert for missing senior citizens.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 411, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS
       Sec. 411.381.  DEFINITIONS. In this subchapter:
             (1)  "Alert" means the statewide silver alert for
missing senior citizens developed and implemented under this
subchapter.
             (2)  "Local law enforcement agency" means a local law
enforcement agency with jurisdiction over the investigation of a
missing senior citizen.
             (3)  "Senior citizen" means a person who is 65 years of
age or older.
       Sec. 411.382.  SILVER ALERT FOR MISSING SENIOR CITIZENS.
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 silver alert to be activated on behalf of a missing
senior citizen.
       Sec. 411.383.  ADMINISTRATION. (a)  The director is the
statewide coordinator of the alert.
       (b)  The director shall adopt rules and issue directives as
necessary to ensure proper implementation of the alert. The rules
and directives must include:
             (1)  the procedures to be used by a local law
enforcement agency to verify whether a senior citizen:
                   (A)  is missing; and
                   (B)  has an impaired mental condition;
             (2)  a description of the circumstances under which a
local law enforcement agency is required to report a missing senior
citizen to the department; and
             (3)  the procedures to be used by an individual or
entity to report information about a missing senior citizen to
designated media outlets in Texas.
       Sec. 411.384.  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.
       Sec. 411.385.  DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION.  
The Texas Department of Transportation shall:
             (1)  cooperate with the department and assist in
developing and implementing the alert; and
             (2)  establish a plan for providing relevant
information to the public through an existing system of dynamic
message signs located across the state.
       Sec. 411.386.  NOTIFICATION TO DEPARTMENT OF MISSING SENIOR
CITIZEN. (a)  A local law enforcement agency may notify the
department if the agency:
             (1)  receives notice of a missing senior citizen;
             (2)  verifies that at the time the senior citizen is
reported missing:
                   (A)  the person reported missing is 65 years of
age or older;
                   (B)  the senior citizen's location is unknown;
                   (C)  the senior citizen's domicile is in Texas;
and
                   (D)  the senior citizen has an impaired mental
condition; and
             (3)  determines that the senior citizen's disappearance
poses a credible threat to the senior citizen's health and safety.
       (b)  The local law enforcement agency shall:
             (1)  require the family or legal guardian of the
missing senior citizen to provide documentation of the senior
citizen's impaired mental condition to verify the condition as
required by Subsection (a)(2)(D); and
             (2)  as soon as practicable, determine whether the
senior citizen's disappearance poses a credible threat to the
senior citizen's health and safety for purposes of Subsection
(a)(3).
       Sec. 411.387.  ACTIVATION OF SILVER ALERT. (a)  When a
local law enforcement agency notifies the department under Section
411.386, the department shall confirm the accuracy of the
information and, if confirmed, immediately issue an alert under
this subchapter in accordance with department rules.
       (b)  In issuing the alert, the department shall send the
alert to designated media outlets in Texas. Following receipt of
the alert, participating radio stations, television stations, and
other media outlets may issue the alert at designated intervals to
assist in locating the missing senior citizen.
       Sec. 411.388.  CONTENT OF SILVER ALERT. The alert must
include:
             (1)  all appropriate information that is provided by
the local law enforcement agency and that may lead to the safe
recovery of the missing senior citizen; and
             (2)  a statement instructing any person with
information related to the missing senior citizen to contact a
local law enforcement agency.
       Sec. 411.389.  TERMINATION OF SILVER ALERT. (a)  The
director shall terminate any activation of the alert with respect
to a particular missing senior citizen not later than the earlier of
the date on which:
             (1)  the missing senior citizen 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
senior citizen who is the subject of an alert under this subchapter
shall notify the department as soon as possible that the missing
senior citizen has been located.
       SECTION 2.  This Act takes effect September 1, 2007.
____________________________________________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 1315 passed the Senate on
April 19, 2007, by the following vote:  Yeas 31, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 1315 passed the House on
May 1, 2007, by the following vote:  Yeas 146, Nays 0, one present
not voting.
______________________________ 
   Chief Clerk of the House
Approved:
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______________________________ 
            Date
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          Governor