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A BILL TO BE ENTITLED |
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AN ACT |
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relating to the consolidation of
certain alert systems into a |
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single statewide alert system and to
the addition of other factors |
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that will prompt an alert under the
consolidated system. |
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BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The
heading to Subchapter L, Chapter 411, |
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Government Code, is amended to read as
follows: |
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SUBCHAPTER L.
STATEWIDE [AMERICA'S MISSING: BROADCAST EMERGENCY |
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RESPONSE (AMBER)] ALERT
SYSTEM [FOR ABDUCTED CHILDREN AND MISSING |
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INCAPACITATED
PERSONS] |
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SECTION 2. Section
411.351, Government Code, is amended to |
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read as follows: |
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Sec. 411.351. DEFINITIONS.
In this subchapter: |
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(1) "Abducted
child" means a child 17 years of age or |
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younger whose whereabouts are unknown
and whose disappearance poses |
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a credible threat to the safety and
health of the child, as |
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determined by a local law enforcement
agency. The term includes any |
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child who did not depart willingly
with the other person or who, |
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regardless of whether the child
departed willingly with the other |
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person, is younger than 14 years of
age. In either case, the child |
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must have been taken from the care
and custody of the child's |
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parent, or
legal guardian, or primary care giver without the |
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permission of the parent,
or legal guardian, or primary care giver
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by another person who is: |
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(A) more
than three years older than the child; |
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and |
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(B) not
related to the child by any degree of |
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consanguinity or affinity as defined
under Subchapter B, Chapter |
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573. |
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(2) "Alert
system" means the statewide [America's |
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Missing: Broadcast Emergency Response
(AMBER)] alert system |
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established under Section
411.352 [for abducted children and |
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missing incapacitated
persons]. |
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(3) "Incapacitated
person" means a person who,: |
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(A) is
65 years of age or older and has an |
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impaired mental condition;
or |
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(B) because
of a diagnosed intellectual and |
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developmental
disability mental condition, is substantially
unable |
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to provide food, clothing, or
shelter for himself or herself or to |
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care for the person's own physical
health and well-being. |
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(4) "Local
law enforcement agency" means a local law |
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enforcement agency with jurisdiction
over the investigation of: |
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(A) the
abduction of a child; or |
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(B) a
missing incapacitated person. |
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(5) [(4)] "Serious
bodily injury" has the meaning |
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assigned by Section 1.07, Penal
Code. |
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SECTION 3. Section
411.352, Government Code, is amended to |
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read as follows: |
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Sec. 411.352. STATEWIDE
[AMERICA'S MISSING: BROADCAST |
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EMERGENCY RESPONSE (AMBER)] ALERT
SYSTEM [FOR ABDUCTED CHILDREN AND |
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MISSING INCAPACITATED PERSONS].
With the cooperation of the Texas |
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Department of Transportation, the
office of the governor, and other |
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appropriate law enforcement agencies in
this state, the department |
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shall develop and implement a statewide
alert system to be |
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activated on behalf of an abducted
child or a missing incapacitated |
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person. |
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SECTION 4. Section
411.355, Government Code, is amended to |
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read as follows: |
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Sec. 411.355. ACTIVATION
OF ALERT. (a) On establishing |
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that the criteria under Section
411.3551 or 411.3552 have been |
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satisfied,[the request
of] a local law enforcement agency[, the |
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department] shall immediately
request the activation of the |
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appropriate alert by the department
and shall provide to the |
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department all the information
necessary to support the agency's |
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request. |
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(b) On
verifying the accuracy of the information provided by |
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a local law enforcement agency to
the department under Subsection |
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(a), the department shall
immediately activate the alert [system] |
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and notify appropriate participants in
the alert system, as |
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established by department
rule.[, if: |
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[(1)
the local law enforcement agency believes
that a |
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child has been abducted, including a
child who: |
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[(A) is
younger than 14 years of age; and |
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[(B)
regardless of whether the child departed
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willingly with the other person, has
been taken from the care and |
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custody of the child's parent or
legal guardian without the |
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permission of the parent or legal
guardian by another person who is: |
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[(i)
more than three years older than the
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child; and |
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[(ii)
not related to the child by any degree
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of consanguinity or affinity as
defined under Subchapter B, Chapter |
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573, Government Code; |
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[(2)
the local law enforcement agency believes
that |
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the abducted child is in immediate
danger of serious bodily injury |
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or death or of becoming the victim
of a sexual assault; |
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[(3)
the local law enforcement agency confirms
that a |
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preliminary investigation has taken
place that verifies the |
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abduction and eliminates alternative
explanations for the child's |
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disappearance; and |
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[(4)
sufficient information is available to
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disseminate to the public that could
assist in locating the child, a |
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person suspected of abducting the
child, or a vehicle suspected of |
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being used in the
abduction]. |
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(c) In
activating an alert, the [(b) The] department
shall |
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send [may modify the criteria
described by Subsection (a) as |
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necessary for the proper
implementation of] the alert to designated |
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media outlets in Texas
[system]. Following receipt of the alert, |
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participating radio stations,
television stations, and other media |
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outlets may issue the alert at
designated intervals to assist in |
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locating the abducted child or
missing incapacitated person. |
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(d) An
alert must 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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location or recovery of the abducted
child or missing incapacitated |
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person; and |
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(2) a
statement instructing any person with |
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information related to the abducted
child or missing incapacitated |
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person to contact a local law
enforcement agency. |
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SECTION 5. Subchapter
L, Chapter 411, Government Code, is |
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amended by adding Sections 411.3551 and
411.3552 to read as |
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follows: |
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Sec. 411.3551. CRITERIA
FOR ALERT REGARDING ABDUCTED CHILD. |
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To activate an alert regarding an
abducted child under Section |
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411.355, the following criteria must
be satisfied: |
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(1) the
local law enforcement agency must believe that |
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a child has been abducted; |
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(2) the
local law enforcement agency must believe that |
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the abducted child is in immediate
danger of serious bodily injury |
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or death or of becoming the victim
of a sexual assault; |
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(3) the
local law enforcement agency must confirm that |
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a preliminary investigation has
taken place that verifies the |
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abduction and eliminates alternative
explanations for the child's |
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disappearance; and |
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(4) sufficient
information must be available to |
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disseminate to the public that could
assist in locating or |
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recovering the child, a person
suspected of abducting the child, or |
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a vehicle suspected of being used in
the abduction. |
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Sec. 411.3552. CRITERIA
FOR ALERT REGARDING MISSING |
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INCAPACITATED PERSON. (a)
To activate an alert regarding a missing |
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incapacitated person under Section
411.355, the following criteria |
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must be satisfied: |
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(1) at
the time the incapacitated person is reported |
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missing: |
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(A) the
person reported missing: |
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(i)must
be 65 years of age or older and have an impaired mental condition;
or |
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have an impaired mental condition;
or |
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(ii) must
have a diagnosed intellectual and |
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developmental disability
mental condition that causes the person to |
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be substantially unable to provide
food, clothing, or shelter for |
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himself or herself or to care for
the person's own physical health; |
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(B) the
person's location must be unknown; and |
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(C) the
person's domicile must be Texas; and |
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(2) the
person's disappearance must pose a credible |
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threat to the person's health and
safety. |
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(b) A
local law enforcement agency that reports a missing |
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incapacitated person
shall: |
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(1) require
the family, or legal guardian, or primary |
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care giver of the person to provide
documentation of the person's |
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intellectual and developmental
disability mental condition to |
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confirm the presence of a condition
described by Subsection |
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(a)(1)(A); and |
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(2) as
soon as practicable, determine whether the |
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person's disappearance poses a
credible threat to the person's |
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health and safety for purposes of
Subsection (a)(2). |
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SECTION 6. Section
411.358, Government Code, is amended to |
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read as follows: |
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Sec. 411.358. TERMINATION
OF ALERT. (a) The director shall |
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terminate the [any]
activation of any the alert [system] with
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respect to a particular abducted
child or missing incapacitated |
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person [abducted
child] if: |
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(1) the
abducted child or missing incapacitated person |
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[child] is located or
recovered or the situation [abduction] is |
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otherwise resolved; or |
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(2) the
director determines that the alert [system] is |
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no longer an effective tool for
locating or [and] recovering the |
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abducted child or missing
incapacitated person [child]. |
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(b) A
local law enforcement agency that locates or recovers |
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a person who is the subject of an
alert under this subchapter shall |
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notify the department as soon as
possible that the person has been |
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located or recovered, as
applicable. |
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SECTION 7. The
following statutes are repealed: |
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(1) Section
411.356, Government Code; and |
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(2) Subchapter
M, Chapter 411, Government Code. |
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SECTION 8. Not
later than December 1, 2011, the public |
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safety director shall adopt the rules
necessary to implement |
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Subchapter L, Chapter 411, Government
Code, as amended by this Act. |
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SECTION 9. (a) Not
later than December 1, 2011, the |
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Department of Public Safety of the
State of Texas shall amend |
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consolidate the AMBER alert
system described by Subchapter L, |
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Chapter 411, Government Code, and
the silver alert system described |
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by Subchapter M, Chapter 411,
Government Code, into a statewide |
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alert system and shall further
develop and implement that system as |
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required by Section 411.352, Government
Code, as amended by this |
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Act. On that date, the AMBER alert
system and the silver alert |
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system are abolished, and any
obligations, rules, contracts, |
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records, or unspent appropriations
relating to the operation of the |
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AMBER alert system and the silver
alert system are transferred to |
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the statewide alert system.
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(b) The
rules of the AMBER alert system and the silver alert |
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system are continued in effect
as rules of the statewide alert |
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system until superseded by other
rule. |
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(c) Notwithstanding
the changes in law made by this Act, |
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until the date the Department of Public
Safety amends consolidates |
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the AMBER alert system and the
silver alert system as provided by |
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this section, the department shall
continue to operate the AMBER |
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alert system and the silver alert
system independently under the |
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laws that governed those systems before
the effective date of this |
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Act, and the prior law is continued in
effect for that purpose. |
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SECTION 10. This
Act takes effect September 1, 2011. |