H.B. No. 833
 
 
 
 
AN ACT
  relating to the creation of a statewide alert system for missing
  military members.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter Q to read as follows:
  SUBCHAPTER Q. CAMO ALERT FOR MISSING MILITARY MEMBERS
         Sec. 411.461.  DEFINITIONS. In this subchapter:
               (1)  "Alert" means the statewide camo alert for missing
  military members that is developed and implemented under this
  subchapter.
               (2)  "Law enforcement agency" means a law enforcement
  agency with jurisdiction over the investigation of a missing
  military member.
               (3)  "Military member" means a person who is a current
  or former member of the United States armed forces, including the
  National Guard or a reserve or auxiliary unit of any branch of the
  armed forces.
         Sec. 411.462.  CAMO ALERT FOR MISSING MILITARY MEMBERS.
  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 camo alert to be activated on behalf of a missing
  military member who has elected to participate in the alert system
  and who suffers from a mental illness, including post-traumatic
  stress disorder, or a traumatic brain injury.
         Sec. 411.463.  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 law enforcement
  agency to verify whether a military member:
                     (A)  is missing; and
                     (B)  suffers from a mental illness, including
  post-traumatic stress disorder, or a traumatic brain injury;
               (2)  a description of the circumstances under which a
  law enforcement agency is required to report a missing military
  member to the department;
               (3)  the procedures to be used by an individual or
  entity to report information about a missing military member to
  designated media outlets in this state;
               (4)  guidelines for protecting the privacy of a missing
  military member for whom an alert has been issued; and
               (5)  the procedures to be used by a military member to
  opt into the alert system with respect to the member.
         (c)  The director shall prescribe forms for use by law
  enforcement agencies in requesting activation of the alert system.
         Sec. 411.464.  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 system.
         Sec. 411.465.  STATE AGENCIES. (a)  A state agency
  participating in the alert system shall:
               (1)  cooperate with the department and assist in
  developing and implementing the alert system; and
               (2)  establish a plan for providing relevant
  information to its officers, investigators, or employees, as
  appropriate, once the alert system has been activated.
         (b)  In addition to its duties as a state agency under
  Subsection (a), the Texas Department of Transportation shall
  establish a plan for providing relevant information to the public
  through an existing system of dynamic message signs located across
  the state.
         Sec. 411.466.  NOTIFICATION TO DEPARTMENT OF MISSING
  MILITARY MEMBER. (a)  A law enforcement agency shall notify the
  department if the agency:
               (1)  receives a report regarding a missing military
  member who is determined by the agency to be a participant in the
  alert system;
               (2)  verifies that at the time the military member is
  reported missing:
                     (A)  the person reported missing is a military
  member;
                     (B)  the military member's location is unknown;
  and
                     (C)  the military member suffers from a mental
  illness, including post-traumatic stress disorder, or a traumatic
  brain injury; and
               (3)  determines that the military member's
  disappearance poses a credible threat to the military member's
  health and safety or the health and safety of another.
         (b)  A law enforcement agency shall verify the information
  required by Subsection (a)(2) and make the determination required
  by Subsection (a)(3) as soon as practicable after the agency
  receives a report regarding a missing military member.
         (c)  In verifying that the military member suffers from a
  mental illness, including post-traumatic stress disorder, or a
  traumatic brain injury as required by Subsection (a)(2)(C), the law
  enforcement agency shall require the family or legal guardian of
  the military member to provide documentation of the illness or
  injury.
         Sec. 411.467.  ACTIVATION OF CAMO ALERT. (a)  When a law
  enforcement agency notifies the department under Section 411.466,
  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 this state.  Following receipt
  of the alert, participating radio stations and television stations
  and other participating media outlets may issue the alert at
  designated intervals to assist in locating the missing military
  member.
         Sec. 411.468.  CONTENT OF CAMO ALERT. The alert must
  include:
               (1)  all appropriate information that is provided by
  the law enforcement agency under Section 411.466 and that may lead
  to the safe recovery of the missing military member; and
               (2)  a statement instructing any person with
  information related to the missing military member to contact a law
  enforcement agency.
         Sec. 411.469.  TERMINATION OF CAMO ALERT. (a)  The director
  shall terminate any activation of the alert with respect to a
  particular missing military member not later than the earlier of
  the date on which:
               (1)  the missing military member is located or the
  situation is otherwise resolved; or
               (2)  the notification period ends, as determined by
  department rule.
         (b)  A law enforcement agency that locates a missing military
  member who is the subject of an alert under this subchapter shall
  notify the department as soon as possible that the missing military
  member has been located.
         Sec. 411.470.  LIMITATION ON PARTICIPATION BY TEXAS
  DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(b),
  the Texas Department of Transportation is not required to use any
  existing system of dynamic message signs in a statewide alert
  system created under this subchapter if the department receives
  notice from the United States Department of Transportation Federal
  Highway Administration that the use of the signs would result in the
  loss of federal highway funding or other punitive actions taken
  against this state due to noncompliance with federal laws,
  regulations, or policies. 
         Sec. 411.471.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2023.
         SECTION 2.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 833 was passed by the House on April
  5, 2019, by the following vote:  Yeas 131, Nays 6, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 833 was passed by the Senate on May
  15, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor