S.B. 57 78(R)    BILL ANALYSIS


S.B. 57
By: Zaffirini
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In August 2002, Governor Perry issued an executive order establishing a
statewide AMBER Alert Network.  AMBER is an acronym for "America's
Missing:  Broadcast Emergency Response."  The purpose of the network is to
provide a rapid and comprehensive tool to help track missing children who
have been abducted.  The statewide network works in coordination with
local AMBER Alert systems.  When a local law enforcement officer activates
the plan, the Department of Public Safety (DPS) issues notice to key
television and radio stations, which then relay the alert to broadcast
outlets within a 200-mile radius of the possible abduction.  DPS also
alerts other law enforcement agencies of the abduction and notifies the
Texas Department of Transportation so that it may use existing electronic
highway signs to display warnings alerting motorists to watch for the
suspect's vehicle.  Senate Bill 57 would establish the network in statute. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the public safety director in SECTION 1 (Section 411.353,
Government Code) of this bill. 

ANALYSIS

SECTION 1.   Senate Bill 57 amends Chapter 411 of the Government Code by
adding Subchapter L, which implements a statewide America's Missing
Broadcast Emergency Response (AMBER) alert system for abducted children.
The bill requires the Department of Public Safety to develop and implement
a statewide alert system to be activated on behalf of an abducted child,
and provides that the public safety director is the statewide coordinator
of the alert system.   

The bill requires the director of public safety to adopt rules and issue
directives as necessary to ensure proper implementation of the alert
system, which must include instructions on the procedures for activating
and deactivating the alert system.   

The Department of Public Safety is required to recruit television and
radio broadcasters, private commercial entities, state or local government
entities, the public, and other appropriate persons to assist in
developing and implementing the alert system.  The Department of Public
Safety may enter into agreements with participants in the alert system to
provide necessary support for the alert system.   

The bill requires the Department of Public Safety, on the request of a
local law enforcement agency, to activate the alert system and notify
appropriate participants in the alert system, as established by rule, if
local law enforcement:  
_believes the child has been abducted and is in immediate danger of
serious bodily injury or death; 
_confirms that an investigation has taken place which verifies the
abduction; and 
_has sufficient information available to disseminate to the public to
assist in the search for the child. 

The bill requires a local law enforcement agency to immediately request
activation from the Department of Public Safety after verifying the
conditions stated above.  

 Participating state agencies are required to cooperate with the
Department of Public Safety, assist in developing and implementing the
alert system, and establish a plan for providing relevant information to
its officers, investigators, and employees once the alert system has been
activated.  In addition, the Texas Department of Transportation must
establish a plan for providing relevant information to the public through
an existing system of dynamic message signs located across the state.  The
director of public safety is required to terminate any activation of the
alert system if the child is recovered, the abduction is resolved, or the
director determines the system is no longer an effective tool.    


SECTION 2.   Senate Bill 57 requires the public safety director of the
Department of Public Safety  
to adopt rules and issue directives required by this Act no later than
November 1, 2003.   

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.