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A BILL TO BE ENTITLED
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AN ACT
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relating to a silver alert for missing senior citizens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS |
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Sec. 411.381. DEFINITIONS. In this subchapter: |
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(1) "Alert" means the statewide silver alert for |
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missing senior citizens developed and implemented under this |
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subchapter. |
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(2) "Local law enforcement agency" means a local law |
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enforcement agency with jurisdiction over the investigation of a |
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missing senior citizen. |
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(3) "Senior citizen" means a person who is 65 years of |
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age or older. |
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Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS. |
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With the cooperation of the Texas Department of Transportation, the |
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office of the governor, and other appropriate law enforcement |
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agencies in this state, the department shall develop and implement |
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a statewide silver alert to be activated on behalf of a missing |
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senior citizen. |
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Sec. 411.383. ADMINISTRATION. (a) The director is the |
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statewide coordinator of the alert. |
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(b) The director shall adopt rules and issue directives as |
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necessary to ensure proper implementation of the alert. The rules |
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and directives must include: |
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(1) the procedures to be used by a local law |
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enforcement agency to verify whether a senior citizen: |
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(A) is missing; and |
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(B) has an impaired mental condition; |
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(2) a description of the circumstances under which a |
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local law enforcement agency is required to report a missing senior |
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citizen to the department; and |
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(3) the procedures to be used by an individual or |
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entity to report information about a missing senior citizen to |
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designated media outlets in Texas. |
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Sec. 411.384. DEPARTMENT TO RECRUIT PARTICIPANTS. The |
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department shall recruit public and commercial television and radio |
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broadcasters, private commercial entities, state or local |
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governmental entities, the public, and other appropriate persons to |
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assist in developing and implementing the alert. |
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Sec. 411.385. DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION. |
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The Texas Department of Transportation shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert; and |
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(2) establish a plan for providing relevant |
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information to the public through an existing system of dynamic |
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message signs located across the state. |
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Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR |
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CITIZEN. (a) A local law enforcement agency may notify the |
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department if the agency: |
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(1) receives notice of a missing senior citizen; |
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(2) verifies that at the time the senior citizen is |
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reported missing: |
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(A) the person reported missing is 65 years of |
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age or older; |
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(B) the senior citizen's location is unknown; |
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(C) the senior citizen's domicile is in Texas; |
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and |
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(D) the senior citizen has an impaired mental |
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condition; and |
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(3) determines that the senior citizen's disappearance |
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poses a credible threat to the senior citizen's health and safety. |
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(b) The local law enforcement agency shall: |
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(1) require the family or legal guardian of the |
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missing senior citizen to provide documentation of the senior |
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citizen's impaired mental condition to verify the condition as |
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required by Subsection (a)(2)(D); and |
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(2) as soon as practicable, determine whether the |
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senior citizen's disappearance poses a credible threat to the |
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senior citizen's health and safety for purposes of Subsection |
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(a)(3). |
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Sec. 411.387. ACTIVATION OF SILVER ALERT. (a) When a |
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local law enforcement agency notifies the department under Section |
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411.386, the department shall confirm the accuracy of the |
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information and, if confirmed, immediately issue an alert under |
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this subchapter in accordance with department rules. |
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(b) In issuing the alert, the department shall send the |
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alert to designated media outlets in Texas. Following receipt of |
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the alert, participating radio stations, television stations, and |
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other media outlets may issue the alert at designated intervals to |
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assist in locating the missing senior citizen. |
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Sec. 411.388. CONTENT OF SILVER ALERT. The alert must |
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include: |
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(1) all appropriate information that is provided by |
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the local law enforcement agency and that may lead to the safe |
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recovery of the missing senior citizen; and |
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(2) a statement instructing any person with |
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information related to the missing senior citizen to contact a |
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local law enforcement agency. |
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Sec. 411.389. TERMINATION OF SILVER ALERT. (a) The |
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director shall terminate any activation of the alert with respect |
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to a particular missing senior citizen not later than the earlier of |
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the date on which: |
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(1) the missing senior citizen is located or the |
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situation is otherwise resolved; or |
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(2) the notification period ends, as determined by |
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department rule. |
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(b) A local law enforcement agency that locates a missing |
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senior citizen who is the subject of an alert under this subchapter |
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shall notify the department as soon as possible that the missing |
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senior citizen has been located. |
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SECTION 2. This Act takes effect September 1, 2007. |
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