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AN ACT
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relating to an alert for a missing senior citizen or person with |
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Alzheimer's disease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter M, Chapter 411, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS |
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WITH ALZHEIMER'S DISEASE |
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SECTION 2. Sections 411.381(1) and (2), Government Code, |
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are amended to read as follows: |
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(1) "Alert" means the statewide silver alert for |
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missing senior citizens and persons with Alzheimer's disease, as |
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developed and implemented under this subchapter. |
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(2) "Local law enforcement agency" means a local law |
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enforcement agency with jurisdiction over the investigation of a |
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missing senior citizen or person with Alzheimer's disease. |
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SECTION 3. Section 411.382, Government Code, is amended to |
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read as follows: |
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Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS AND |
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PERSONS WITH ALZHEIMER'S DISEASE. With the cooperation of the |
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Texas Department of Transportation, the office of the governor, and |
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other appropriate law enforcement agencies in this state, the |
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department shall develop and implement a statewide silver alert to |
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be activated on behalf of a missing senior citizen or person with |
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Alzheimer's disease. |
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SECTION 4. Section 411.383(b), Government Code, is amended |
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to read as follows: |
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(b) The director shall adopt rules and issue directives as |
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necessary to ensure proper implementation of the alert. The rules |
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and directives must include: |
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(1) the procedures to be used by a local law |
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enforcement agency to verify whether a person reported missing is a |
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senior citizen with [:
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[(A) is missing; and
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[(B) has] an impaired mental condition or a |
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person with Alzheimer's disease and whether the person's location |
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is unknown; |
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(2) a description of the circumstances under which a |
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local law enforcement agency is required to report a missing senior |
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citizen or person with Alzheimer's disease to the department; and |
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(3) the procedures to be used by an individual or |
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entity to report information about a missing senior citizen or |
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person with Alzheimer's disease to designated media outlets in |
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Texas. |
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SECTION 5. Section 411.386, Government Code, is amended to |
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read as follows: |
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Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR |
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CITIZEN OR PERSON WITH ALZHEIMER'S DISEASE. (a) A local law |
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enforcement agency may notify the department if the agency: |
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(1) receives notice of a missing senior citizen or |
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person with Alzheimer's disease; |
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(2) verifies that at the time the senior citizen or |
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person with Alzheimer's disease is reported missing: |
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(A) the person reported missing: |
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(i) is 65 years of age or older and has an |
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impaired mental condition; or |
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(ii) is a person with Alzheimer's disease; |
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and |
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(B) the person's [senior citizen's] location is |
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unknown; and |
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[(C)
the senior citizen has an impaired mental
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condition; and] |
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(3) determines that the person's [senior citizen's] |
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disappearance poses a credible threat to the person's [senior
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citizen's] health and safety. |
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(b) The local law enforcement agency shall: |
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(1) require the family or legal guardian of the |
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missing senior citizen or person with Alzheimer's disease to |
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provide documentation of the person's age and [senior citizen's
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impaired mental] condition to verify the person's status |
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[condition] as described [required] by Subsection (a)(2)(A) |
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[(a)(2)(C)]; and |
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(2) as soon as practicable, determine whether the |
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person's [senior citizen's] disappearance poses a credible threat |
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to the person's [senior citizen's] health and safety for purposes of |
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Subsection (a)(3). |
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SECTION 6. Section 411.387(b), Government Code, is amended |
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to read as follows: |
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(b) In issuing the alert, the department shall send the |
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alert to designated media outlets in Texas. Following receipt of |
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the alert, participating radio stations and[,] television |
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stations[,] and other participating media outlets may issue the |
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alert at designated intervals to assist in locating the missing |
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senior citizen or person with Alzheimer's disease. |
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SECTION 7. Section 411.388, Government Code, is amended to |
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read as follows: |
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Sec. 411.388. CONTENT OF SILVER ALERT. The alert must |
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include: |
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(1) all appropriate information that is provided by |
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the local law enforcement agency and that may lead to the safe |
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recovery of the missing senior citizen or person with Alzheimer's |
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disease; and |
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(2) a statement instructing any person with |
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information related to the missing senior citizen or person with |
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Alzheimer's disease to contact a local law enforcement agency. |
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SECTION 8. Section 411.389, Government Code, is amended to |
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read as follows: |
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Sec. 411.389. TERMINATION OF SILVER ALERT. (a) The |
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director shall terminate any activation of the alert with respect |
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to a particular missing senior citizen or person with Alzheimer's |
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disease not later than the earlier of the date on which: |
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(1) the missing person [senior citizen] is located or |
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the situation is otherwise resolved; or |
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(2) the notification period ends, as determined by |
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department rule. |
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(b) A local law enforcement agency that locates a missing |
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senior citizen or person with Alzheimer's disease who is the |
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subject of an alert under this subchapter shall notify the |
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department as soon as possible that the missing person [senior
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citizen] has been located. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2639 was passed by the House on May 4, |
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2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2639 on May 26, 2017, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2639 on May 27, 2017, by the following vote: Yeas 137, |
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Nays 8, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2639 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2639 on May 28, 2017, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |