SRC-LBB, VRA S.B. 57 78R   BILL ANALYSIS


Senate Research Center   S.B. 57
78R685 KEL-DBy: Zaffirini
Criminal Justice
2/27/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas does not have a statewide alert system for abducted
children.  There are 14 statewide and 25 local AMBER (America's Missing
Broadcast Emergency Response) plans nationwide.  The plan is a partnership
between law-enforcement agencies and broadcasters to activate an urgent
bulletin in the most serious child-abduction cases. As proposed, S.B. 57
would implement a statewide AMBER plan for abducted children. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the public safety director in
SECTION 1 (Section 411.353, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 411, Government Code, by adding Subchapter L,
as follows: 

SUBCHAPTER L.  STATEWIDE ALERT SYSTEM
FOR ABDUCTED CHILDREN

Sec.  411.351.  DEFINITIONS.  Defines "abducted child," "alert system,"
"local law enforcement agency," and "serious bodily injury."  

Sec.  411.352.  STATEWIDE ALERT SYSTEM FOR ABDUCTED CHILDREN.   Requires
the Texas Department of Public Safety (DPS), with the cooperation of the
Texas Department of Transportation (TxDOT), the office of the governor,
and other appropriate law enforcement agencies in this state, to develop
and implement a statewide alert system to be activated on behalf of an
abducted child. 

Sec.  411.353.  ADMINISTRATION.  (a)  Provides that the public safety
director (director) is the statewide coordinator of the alert system.  

(b)  Requires the director to adopt rules and issue directives as
necessary to ensure proper implementation of the alert system.  Requires
the rules and directives to include instructions on the procedures for
activating and deactivating the alert system. 

(c)  Requires the director to prescribe forms for use by local law
enforcement agencies in requesting activation of the alert system. 

Sec.  411.354.  DEPARTMENT TO RECRUIT PARTICIPANTS.  (a)  Requires DPS to
recruit public and commercial television and radio broadcasters, private
commercial entities, the public, and other appropriate persons to assist
in developing and implementing the alert system. 

(b)  Authorizes DPS to enter into agreements with participants in the
alert system to provide necessary support for the alert system. 
 
Sec.  411.355.  ACTIVATION.  (a)  Requires DPS, 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
certain conditions are met.  

(b)  Authorizes DPS to modify the criteria described by Subsection (a) as
necessary for the proper implementation of the alert system.  

Sec.  411.356.  LOCAL LAW ENFORCEMENT AGENCIES.  Requires a local law
enforcement agency, before requesting activation of the alert system, to
verify that the criteria described by Section 411.355(a) have been
satisfied.  Requires the law enforcement agency, on verification of the
criteria, to immediately contact DPS to request activation and to supply
the necessary information on the forms prescribed by the director.  

Sec.  411.357.  STATE AGENCIES.  (a)  Requires a state agency
participating in the alert system to perform certain duties.   

(b)  Requires TxDOT, in addition to its duties as a state agency under
Subsection (a), to establish a plan for providing relevant information to
the public through an existing system of dynamic message signs located
across the state. 

Sec.  411.358.  TERMINATION.  Requires the director to terminate any
activation of the alert system with respect to a particular abducted child
if certain conditions are met. 

SECTION 2.  Requires the DPS director to adopt the rules and issue the
directives required by Chapter 411L, Government Code, as added by this
Act, not later than November 1, 2003. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.