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