H.B. No. 1769
 
 
 
 
AN ACT
  relating to the creation of a statewide alert system for certain
  missing adults and to a study of the alert system.
         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. ALERT FOR MISSING ADULTS
         Sec. 411.461.  DEFINITIONS. In this subchapter:
               (1)  "Adult" means a person who is 18 years of age or
  older but younger than 65 years of age.
               (2)  "Alert" means the statewide alert for missing
  adults that is developed and implemented under this subchapter.
               (3)  "Bodily injury" has the meaning assigned by
  Section 1.07, Penal Code.
               (4)  "Local law enforcement agency" means a local law
  enforcement agency with jurisdiction over the investigation of a
  missing adult.
         Sec. 411.462.  ALERT FOR MISSING ADULTS. 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 system to
  allow a statewide alert to be activated on behalf of a missing
  adult.
         Sec. 411.463.  ADMINISTRATION. (a) The director is the
  statewide coordinator of the alert system.
         (b)  The director shall adopt rules and issue directives as
  necessary to ensure proper implementation of the alert system.  The
  rules and directives must include:
               (1)  the procedures to be used by a local law
  enforcement agency to verify whether an adult is missing and
  whether circumstances indicate that:
                     (A)  the missing adult is in imminent danger of
  bodily injury or death; or
                     (B)  the disappearance of the missing adult may
  not have been voluntary, including cases of abduction or
  kidnapping;
               (2)  a description of the circumstances under which a
  local law enforcement agency is required to report a missing adult
  to the department; and
               (3)  the procedures to be used by an individual or
  entity to report information about a missing adult to designated
  media outlets in this state.
         (c)  The director shall prescribe forms for use by local 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 ADULT.
  (a) A local law enforcement agency shall notify the department if
  the agency:
               (1)  receives a report regarding a missing adult;
               (2)  verifies that at the time the adult is reported
  missing:
                     (A)  the person reported missing is 18 years of
  age or older but younger than 65 years of age;
                     (B)  the adult's location is unknown; and
                     (C)  the adult has been missing for less than 72
  hours;
               (3)  confirms that a preliminary investigation has
  taken place with respect to the disappearance and that, as a result
  of that investigation, the agency believes that the adult is
  missing under circumstances described by Section 411.463(b)(1)(A)
  or (B); and
               (4)  believes sufficient information is available to
  disseminate to the public that could assist in locating the adult, a
  person suspected of abducting or kidnapping the adult, or a vehicle
  suspected of being used by the adult or in any abduction or
  kidnapping of the adult.
         (b)  The department may modify the criteria described by
  Subsection (a) as necessary for the proper implementation of the
  alert system.
         Sec. 411.467.  ACTIVATION OF ALERT. (a) When a local 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 the department's rules and directives under Section
  411.463.
         (b)  The department may issue the alert on its own
  initiative, without receiving the notification described by
  Subsection (a), if the issuance conforms to the department's rules
  and directives and if the criteria described by Section 411.466(a)
  are satisfied.
         (c)  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 adult.
         (d)  The department shall also send the alert to:
               (1)  any appropriate law enforcement agency;
               (2)  the Texas Department of Transportation;
               (3)  the Texas Lottery Commission; and
               (4)  the Independent Bankers Association of Texas.
         Sec. 411.468.  CONTENT OF ALERT. The alert must include:
               (1)  all appropriate information that may lead to the
  safe recovery of the missing adult, as determined by the
  department; and
               (2)  a statement instructing any person with
  information related to the missing adult to contact a local or state
  law enforcement agency.
         Sec. 411.469.  TERMINATION OF ALERT. (a) The director shall
  terminate any activation of the alert with respect to a particular
  missing adult not later than the earlier of the date on which:
               (1)  the missing adult 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
  adult who is the subject of an alert under this subchapter shall
  notify the department as soon as possible that the missing adult 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.
         SECTION 2.  (a) The Department of Public Safety of the State
  of Texas shall conduct a study on the effectiveness of the statewide
  alert system described by Subchapter Q, Chapter 411, Government
  Code, as added by this Act. The study must investigate whether the
  statewide alert system fulfills the purpose for which the alert
  system was created and whether the alert system should be modified
  or expanded.
         (b)  Not later than December 31, 2020, the Department of
  Public Safety of the State of Texas shall submit to the governor,
  lieutenant governor, and speaker of the house of representatives a
  report containing the results of the study conducted under
  Subsection (a) of this section, including any recommendations for
  proposed legislation.
         (c)  This section expires December 31, 2021.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1769 was passed by the House on April
  26, 2019, by the following vote:  Yeas 136, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1769 was passed by the Senate on May
  14, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor