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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment of the Texas Active Shooter Alert System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the "Leilah Hernandez |
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Act." |
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SECTION 2. Chapter 411, Government Code, is amended by |
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adding Subchapter L-1 to read as follows: |
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SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM |
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Sec. 411.371. DEFINITION. In this subchapter, "alert |
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system" means the Texas Active Shooter Alert System established |
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under this subchapter. |
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Sec. 411.372. DEVELOPMENT AND IMPLEMENTATION OF ALERT |
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SYSTEM. With the cooperation of the Texas Department of |
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Transportation, the office of the governor, and other appropriate |
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law enforcement agencies in this state, the department shall |
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develop and implement an alert system to be activated on report of |
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an active shooter. |
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Sec. 411.373. ADMINISTRATION. (a) The director is the |
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statewide coordinator of the alert system. |
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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 system. The |
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rules and directives must include instructions on the procedures |
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for activating and deactivating the alert system. |
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(c) The director shall prescribe forms for local law |
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enforcement agencies to use in requesting activation of the alert |
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system. |
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Sec. 411.374. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The |
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department shall recruit public and commercial television and radio |
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broadcasters, mobile telephone service providers by use of the |
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federal Wireless Emergency Alert system, private commercial |
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entities, state or local governmental entities, the public, and |
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other appropriate persons to assist in developing and implementing |
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the alert system. |
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(b) The department may enter into agreements with |
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participants in the alert system to provide necessary support for |
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the alert system. |
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Sec. 411.375. ACTIVATION. (a) On the request of a local law |
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enforcement agency or as the department determines appropriate to |
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assist a local law enforcement agency regarding an active shooter, |
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the department shall activate the alert system and notify |
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appropriate participants in the alert system as established by rule |
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if the local law enforcement agency or department: |
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(1) believes an active shooter is in the agency's |
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jurisdiction; |
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(2) determines an active shooter alert would assist |
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individuals near the active shooter's location; |
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(3) verifies the active shooter situation through a |
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preliminary investigation; and |
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(4) provides the active shooter's last known location |
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and any identifiable information for the active shooter. |
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(b) The department may modify the criteria described by |
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Subsection (a) as necessary for the proper implementation of the |
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alert system. |
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Sec. 411.376. LOCAL LAW ENFORCEMENT AGENCIES. Before |
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requesting activation of the alert system, a local law enforcement |
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agency must verify that the criteria described by Section |
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411.375(a) have been satisfied. On verification of the applicable |
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criteria, the local law enforcement agency may immediately contact |
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the department to request activation and supply the necessary |
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information on forms prescribed by the director. |
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Sec. 411.377. STATE AGENCIES. (a) A state agency |
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participating in the alert system shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert system; and |
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(2) establish a plan for providing relevant |
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information to its officers, investigators, or employees, as |
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appropriate, on activation of the alert system. |
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(b) In addition to its duties as a state agency under |
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Subsection (a), the Texas Department of Transportation shall |
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establish a plan for providing relevant information to the public |
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within 50 miles of an active shooter for which an alert has been |
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issued through an existing system of dynamic message signs located |
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across the state. |
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Sec. 411.378. LIMITATION ON PARTICIPATION BY TEXAS |
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DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.377(b), |
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the Texas Department of Transportation is not required to use any |
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existing system of dynamic message signs in a statewide alert |
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system created under this subchapter if the Texas Department of |
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Transportation receives notice from the United States Department of |
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Transportation Federal Highway Administration that the use of the |
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signs would result in the loss of federal highway funding or other |
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punitive actions taken against this state due to noncompliance with |
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federal laws, regulations, or policies. |
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Sec. 411.379. TERMINATION. The director shall terminate |
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any activation of the alert system for a particular active shooter |
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if: |
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(1) the active shooter situation is resolved; or |
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(2) the director or a local law enforcement agency |
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determines the alert system is no longer an effective tool for |
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providing relevant information to the public about the active |
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shooter. |
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Sec. 411.380. LIMITATION OF LIABILITY. The department or a |
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local law enforcement agency is not liable for failure to activate |
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the alert system. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the public safety director of the Department of Public |
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Safety of the State of Texas shall adopt rules and issue directives |
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necessary to implement Subchapter L-1, Chapter 411, Government |
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Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |