| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an endangered person advisory. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 411, Government Code, is amended by |
|
|
adding Subchapter M to read as follows: |
|
|
SUBCHAPTER M. ENDANGERED PERSON ADVISORY |
|
|
Sec. 411.381. DEFINITIONS. In this subchapter: |
|
|
(1) "Advisory" means the statewide endangered person |
|
|
advisory for missing persons. |
|
|
(2) "Local law enforcement agency" means a local law |
|
|
enforcement agency with jurisdiction over the investigation of an |
|
|
endangered missing person. |
|
|
Sec. 411.382. ENDANGERED PERSON ADVISORY. 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 |
|
|
advisory to be activated on behalf of an endangered missing person. |
|
|
Sec. 411.383. ADMINISTRATION. (a) The director is the |
|
|
statewide coordinator of the advisory. |
|
|
(b) The director shall adopt rules and issue directives as |
|
|
necessary to ensure proper implementation of the advisory. The |
|
|
rules and directives must include instructions on the procedures |
|
|
for activating and deactivating the advisory. |
|
|
(c) The director shall prescribe forms for use by local law |
|
|
enforcement agencies in requesting activation of the advisory. |
|
|
Sec. 411.384. 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 advisory. |
|
|
(b) The department may enter into agreements with |
|
|
participants in the advisory to provide necessary support for the |
|
|
advisory. |
|
|
Sec. 411.385. ACTIVATION. (a) On the request of a local |
|
|
law enforcement agency, the department shall activate the advisory |
|
|
and notify appropriate participants of the advisory, as established |
|
|
by rule, if: |
|
|
(1) the local law enforcement agency believes that a |
|
|
person is missing under unexplained or suspicious circumstances; |
|
|
(2) the local law enforcement agency believes the |
|
|
person is in danger because of: |
|
|
(A) the person's age, mental or physical |
|
|
disability, or health issues; |
|
|
(B) adverse environmental or weather conditions; |
|
|
(C) the fact that the person is in the company of |
|
|
a potentially dangerous person; or |
|
|
(D) some other factor that may place the person |
|
|
in danger; |
|
|
(3) sufficient information is available to |
|
|
disseminate to the public that could assist in locating the person; |
|
|
and |
|
|
(4) the circumstances fail to meet the criteria for an |
|
|
AMBER alert under Subchapter L. |
|
|
(b) The department may modify the criteria described by |
|
|
Subsection (a) as necessary for the proper implementation of the |
|
|
advisory. |
|
|
Sec. 411.386. LOCAL LAW ENFORCEMENT AGENCIES. Before |
|
|
requesting activation of the advisory, a local law enforcement |
|
|
agency must verify that the criteria described by Section |
|
|
411.385(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. 411.387. STATE AGENCIES. (a) A state agency |
|
|
participating in the advisory shall: |
|
|
(1) cooperate with the department and assist in |
|
|
developing and implementing the advisory; and |
|
|
(2) establish a plan for providing relevant |
|
|
information to its officers, investigators, or employees, as |
|
|
appropriate, once the advisory 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. 411.388. TERMINATION. The director shall terminate |
|
|
any activation of the advisory with respect to a particular missing |
|
|
person if: |
|
|
(1) the person is recovered or the situation is |
|
|
otherwise resolved; |
|
|
or |
|
|
(2) the director determines that the advisory is no |
|
|
longer an effective tool for locating and recovering the missing |
|
|
person. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |