78(R) SB 57 - House Committee Report version


                                                                                



By:  Zaffirini, Hinojosa                                          S.B. No. 57 


A BILL TO BE ENTITLED

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.