By: Anderson of Dallas H.B. No. 1075
 
 
 
A BILL TO BE ENTITLED
1-1 
AN ACT
1-2  relating to the consolidation of certain alert systems into a
1-3  single statewide alert system and to the addition of other factors
1-4  that will prompt an alert under the consolidated system.
1-5         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6         SECTION 1.  The heading to Subchapter L, Chapter 411,
1-7  Government Code, is amended to read as follows:
1-8  SUBCHAPTER L.  STATEWIDE [AMERICA'S MISSING: BROADCAST EMERGENCY
1-9  RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN AND MISSING
1-10  INCAPACITATED PERSONS]
1-11         SECTION 2.  Section 411.351, Government Code, is amended to
1-12  read as follows:
1-13         Sec. 411.351.  DEFINITIONS. In this subchapter:
1-14               (1)  "Abducted child" means a child 17 years of age or
1-15  younger whose whereabouts are unknown and whose disappearance poses
1-16  a credible threat to the safety and health of the child, as
1-17  determined by a local law enforcement agency.  The term includes any
1-18  child who did not depart willingly with the other person or who,
1-19  regardless of whether the child departed willingly with the other
1-20  person, is younger than 14 years of age.  In either case, the child
1-21  must have been taken from the care and custody of the child's
1-22  parent, or legal guardian, or primary care giver without the
1-23  permission of the parent, or legal guardian, or primary care giver
1-24  by another person who is:
2-1                     (A)  more than three years older than the child;
2-2  and
2-3                     (B)  not related to the child by any degree of
2-4  consanguinity or affinity as defined under Subchapter B, Chapter
2-5  573.
2-6               (2)  "Alert system" means the statewide [America's
2-7  Missing: Broadcast Emergency Response (AMBER)] alert system
2-8  established under Section 411.352 [for abducted children and
2-9  missing incapacitated persons].
2-10               (3)  "Incapacitated person" means a person who,:
2-11                     (A)  is 65 years of age or older and has an
2-12  impaired mental condition; or
2-13                     (B)  because of a diagnosed intellectual and
2-14  developmental disability mental condition, is substantially unable
2-15  to provide food, clothing, or shelter for himself or herself or to
2-16  care for the person's own physical health and well-being.
2-17               (4)  "Local law enforcement agency" means a local law
2-18  enforcement agency with jurisdiction over the investigation of:
2-19                     (A)  the abduction of a child; or
2-20                     (B)  a missing incapacitated person.
2-21               (5) [(4)]  "Serious bodily injury" has the meaning
2-22  assigned by Section 1.07, Penal Code.
2-23         SECTION 3.  Section 411.352, Government Code, is amended to
2-24  read as follows:
2-25         Sec. 411.352.  STATEWIDE [AMERICA'S MISSING: BROADCAST
2-26  EMERGENCY RESPONSE (AMBER)] ALERT SYSTEM [FOR ABDUCTED CHILDREN AND
2-27  MISSING INCAPACITATED PERSONS]. With the cooperation of the Texas
3-1  Department of Transportation, the office of the governor, and other
3-2  appropriate law enforcement agencies in this state, the department
3-3  shall develop and implement a statewide alert system to be
3-4  activated on behalf of an abducted child or a missing incapacitated
3-5  person.
3-6         SECTION 4.  Section 411.355, Government Code, is amended to
3-7  read as follows:
3-8         Sec. 411.355.  ACTIVATION OF ALERT. (a) On establishing
3-9  that the criteria under Section 411.3551 or 411.3552 have been
3-10  satisfied,[the request of] a local law enforcement agency[, the
3-11  department] shall immediately request the activation of the
3-12  appropriate alert by the department and shall provide to the
3-13  department all the information necessary to support the agency's
3-14  request.
3-15         (b)  On verifying the accuracy of the information provided by
3-16  a local law enforcement agency to the department under Subsection
3-17  (a), the department shall immediately activate the alert [system]
3-18  and notify appropriate participants in the alert system, as
3-19  established by department rule.[, if:
3-20               [(1)     the local law enforcement agency believes that a
3-21  child has been abducted, including a child who:
3-22                     [(A)  is younger than 14 years of age; and
3-23                     [(B)     regardless of whether the child departed
3-24  willingly with the other person, has been taken from the care and
3-25  custody of the child's parent or legal guardian without the
3-26  permission of the parent or legal guardian by another person who is:
3-27                           [(i)     more than three years older than the
4-1  child; and
4-2                           [(ii)     not related to the child by any degree
4-3  of consanguinity or affinity as defined under Subchapter B, Chapter
4-4  573, Government Code;
4-5               [(2)     the local law enforcement agency believes that
4-6  the abducted child is in immediate danger of serious bodily injury
4-7  or death or of becoming the victim of a sexual assault;
4-8               [(3)     the local law enforcement agency confirms that a
4-9  preliminary investigation has taken place that verifies the
4-10  abduction and eliminates alternative explanations for the child's
4-11  disappearance; and
4-12               [(4)     sufficient information is available to
4-13  disseminate to the public that could assist in locating the child, a
4-14  person suspected of abducting the child, or a vehicle suspected of
4-15  being used in the abduction].
4-16         (c)  In activating an alert, the [(b)  The] department shall
4-17  send [may modify the criteria described by Subsection (a) as
4-18  necessary for the proper implementation of] the alert to designated
4-19  media outlets in Texas [system]. Following receipt of the alert,
4-20  participating radio stations, television stations, and other media
4-21  outlets may issue the alert at designated intervals to assist in
4-22  locating the abducted child or missing incapacitated person.
4-23         (d)  An alert must include:
4-24               (1)  all appropriate information that is provided by
4-25  the local law enforcement agency and that may lead to the safe
4-26  location or recovery of the abducted child or missing incapacitated
4-27  person; and
5-1               (2)  a statement instructing any person with
5-2  information related to the abducted child or missing incapacitated
5-3  person to contact a local law enforcement agency.
5-4         SECTION 5.  Subchapter L, Chapter 411, Government Code, is
5-5  amended by adding Sections 411.3551 and 411.3552 to read as
5-6  follows:
5-7         Sec. 411.3551.  CRITERIA FOR ALERT REGARDING ABDUCTED CHILD.
5-8  To activate an alert regarding an abducted child under Section
5-9  411.355, the following criteria must be satisfied:
5-10               (1)  the local law enforcement agency must believe that
5-11  a child has been abducted;
5-12               (2)  the local law enforcement agency must believe that
5-13  the abducted child is in immediate danger of serious bodily injury
5-14  or death or of becoming the victim of a sexual assault;
5-15               (3)  the local law enforcement agency must confirm that
5-16  a preliminary investigation has taken place that verifies the
5-17  abduction and eliminates alternative explanations for the child's
5-18  disappearance; and
5-19               (4)  sufficient information must be available to
5-20  disseminate to the public that could assist in locating or
5-21  recovering the child, a person suspected of abducting the child, or
5-22  a vehicle suspected of being used in the abduction.
5-23         Sec. 411.3552.  CRITERIA FOR ALERT REGARDING MISSING
5-24  INCAPACITATED PERSON. (a)  To activate an alert regarding a missing
5-25  incapacitated person under Section 411.355, the following criteria
5-26  must be satisfied:
5-27               (1)  at the time the incapacitated person is reported
6-1  missing:
6-2                     (A)  the person reported missing:
6-3                           (i)must be 65 years of age or older and have an impaired mental condition; or
6-4  have an impaired mental condition; or
6-5                           (ii)  must have a diagnosed intellectual and
6-6  developmental disability mental condition that causes the person to
6-7  be substantially unable to provide food, clothing, or shelter for
6-8  himself or herself or to care for the person's own physical health;
6-9                     (B)  the person's location must be unknown; and
6-10                     (C)  the person's domicile must be Texas; and
6-11               (2)  the person's disappearance must pose a credible
6-12  threat to the person's health and safety.
6-13         (b)  A local law enforcement agency that reports a missing
6-14  incapacitated person shall:
6-15               (1)  require the family, or legal guardian, or primary
6-16  care giver of the person to provide documentation of the person's
6-17  intellectual and developmental disability mental condition to
6-18  confirm the presence of a condition described by Subsection
6-19  (a)(1)(A); and
6-20               (2)  as soon as practicable, determine whether the
6-21  person's disappearance poses a credible threat to the person's
6-22  health and safety for purposes of Subsection (a)(2).
6-23         SECTION 6.  Section 411.358, Government Code, is amended to
6-24  read as follows:
6-25         Sec. 411.358.  TERMINATION OF ALERT. (a)  The director shall
6-26  terminate the [any] activation of any the alert [system] with
6-27  respect to a particular abducted child or missing incapacitated
7-1  person [abducted child] if:
7-2               (1)  the abducted child or missing incapacitated person 
7-3  [child] is located or recovered or the situation [abduction] is
7-4  otherwise resolved; or
7-5               (2)  the director determines that the alert [system] is
7-6  no longer an effective tool for locating or [and] recovering the
7-7  abducted child or missing incapacitated person [child].
7-8         (b)  A local law enforcement agency that locates or recovers
7-9  a person who is the subject of an alert under this subchapter shall
7-10  notify the department as soon as possible that the person has been
7-11  located or recovered, as applicable.
7-12         SECTION 7.  The following statutes are repealed:
7-13               (1)  Section 411.356, Government Code; and
7-14               (2)  Subchapter M, Chapter 411, Government Code.
7-15         SECTION 8.  Not later than December 1, 2011, the public
7-16  safety director shall adopt the rules necessary to implement
7-17  Subchapter L, Chapter 411, Government Code, as amended by this Act.
7-18         SECTION 9.  (a)  Not later than December 1, 2011, the
7-19  Department of Public Safety of the State of Texas shall amend 
7-20  consolidate the AMBER alert system described by Subchapter L,
7-21  Chapter 411, Government Code, and the silver alert system described
7-22  by Subchapter M, Chapter 411, Government Code, into a statewide
7-23  alert system and shall further develop and implement that system as
7-24  required by Section 411.352, Government Code, as amended by this
7-25  Act. On that date, the AMBER alert system and the silver alert
7-26  system are abolished, and any obligations, rules, contracts,
7-27  records, or unspent appropriations relating to the operation of the
8-1  AMBER alert system and the silver alert system are transferred to
8-2  the statewide alert system.
8-3         (b)  The rules of the AMBER alert system and the silver alert
8-4  system are continued in effect as rules of the statewide alert
8-5  system until superseded by other rule.
8-6         (c)  Notwithstanding the changes in law made by this Act,
8-7  until the date the Department of Public Safety amends consolidates
8-8  the AMBER alert system and the silver alert system as provided by
8-9  this section, the department shall continue to operate the AMBER
8-10  alert system and the silver alert system independently under the
8-11  laws that governed those systems before the effective date of this
8-12  Act, and the prior law is continued in effect for that purpose.
8-13         SECTION 10.  This Act takes effect September 1, 2011.