H.B. No. 3385
 
 
 
 
AN ACT
  relating to the activation of the statewide alert system for
  abducted children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.355(a), Government Code, is amended
  to read as follows:
         (a)  On the request of a local law enforcement agency, 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 believes that a
  child has been abducted, including a child who:
                     (A)  is younger than 14 years of age; and
                     (B)  regardless of whether the child departed
  willingly with the other person, has been taken from the care and
  custody of the child's parent or legal guardian without the
  permission of the parent or legal guardian by another person who is:
                           (i)  more than three years older than the
  child; and
                           (ii)  not related to the child by any degree
  of consanguinity or affinity as defined under Subchapter B, Chapter
  573, Government Code;
               (2)  the local law enforcement agency believes that the
  abducted child is in immediate danger of serious bodily injury or
  death or of becoming the victim of a sexual assault;
               (3)  the local law enforcement agency confirms that a
  preliminary [an] investigation has taken place that verifies the
  abduction and eliminates alternative explanations for the child's
  disappearance; and
               (4)  sufficient information is available to
  disseminate to the public that could assist in locating the child, a
  person suspected of abducting the child, or a vehicle suspected of
  being used in the abduction.
         SECTION 2.  The change in law made by this Act applies only
  to a request for the activation of the statewide alert system for
  abducted children under Section 411.355, Government Code, as
  amended by this Act, that is made on or after the effective date of
  this Act. A request  for the activation of the statewide alert
  system for abducted children that is made before the effective date
  of this Act is governed by the law in effect when the request was
  made, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3385 was passed by the House on April
  30, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3385 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor