S.B. No. 57 




AN ACT
relating to the creation of a statewide alert system for abducted children. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 411, Government Code, is amended by adding Subchapter L to read as follows:
SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN
Sec. 411.351. DEFINITIONS. In this subchapter: (1) "Abducted child" means a child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency. (2) "Alert system" means the statewide America's Missing: Broadcast Emergency Response (AMBER) alert system for abducted children. (3) "Local law enforcement agency" means a local law enforcement agency with jurisdiction over the investigation of the abduction of a child. (4) "Serious bodily injury" has the meaning assigned by Section 1.07, Penal Code. Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN. 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 a statewide alert system to be activated on behalf of an abducted child. Sec. 411.353. 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 use by local law enforcement agencies in requesting activation of the alert system. Sec. 411.354. DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The department shall recruit public and commercial television and radio broadcasters, 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. 411.355. ACTIVATION. (a) On the request of a local law enforcement agency, the department shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) the local law enforcement agency believes that a child has been abducted; (2) the local law enforcement agency believes that the abducted child is in immediate danger of serious bodily injury or death; (3) the local law enforcement agency confirms that an investigation has taken place that verifies the abduction and eliminates alternative explanations for the child's disappearance; and (4) sufficient information is available to disseminate to the public that could assist in locating the child, a person suspected of abducting the child, or a vehicle suspected of being used in the abduction. (b) The department may modify the criteria described by Subsection (a) as necessary for the proper implementation of the alert system. Sec. 411.356. LOCAL LAW ENFORCEMENT AGENCIES. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by Section 411.355(a) have been satisfied. On verification of the criteria, the local law enforcement agency shall immediately contact the department to request activation and shall supply the necessary information on the forms prescribed by the director. Sec. 411.357. 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, once the alert system has been activated. (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 through an existing system of dynamic message signs located across the state. Sec. 411.358. TERMINATION. The director shall terminate any activation of the alert system with respect to a particular abducted child if: (1) the child is recovered or the abduction is otherwise resolved; or (2) the director determines that the alert system is no longer an effective tool for locating and recovering the child. SECTION 2. The public safety director of the Department of Public Safety of the State of Texas shall adopt the rules and issue the directives required by Subchapter L, Chapter 411, Government Code, as added by this Act, not later than November 1, 2003. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 57 passed the Senate on March 18, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 57 passed the House on May 20, 2003, by the following vote: Yeas 139, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor