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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a statewide alert system for missing |
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adults and to a study of the alert system. |
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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 P to read as follows: |
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SUBCHAPTER P. KELLEY ALERT FOR MISSING ADULTS |
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Sec. 411.441. DEFINITIONS. In this subchapter: |
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(1) "Adult" means a person who is 18 years of age or |
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older but younger than 65 years of age. |
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(2) "Alert" means the statewide Kelley alert for |
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missing adults that is developed and implemented under this |
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subchapter. |
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(3) "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 adult. |
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(4) "Serious bodily injury" has the meaning assigned |
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by Section 1.07, Penal Code. |
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Sec. 411.442. KELLEY ALERT FOR MISSING ADULTS. With the |
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cooperation of the Texas Department of Transportation, the office |
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of the governor, and other appropriate law enforcement agencies in |
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this state, the department shall develop and implement a statewide |
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Kelley alert to be activated on behalf of a missing adult. |
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Sec. 411.443. 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 an adult is: |
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(A) missing; and |
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(B) in imminent danger of serious bodily injury |
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or death; |
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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 adult |
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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 adult to designated |
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media outlets in Texas. |
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(c) The director shall prescribe forms for use by local law |
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enforcement agencies in requesting activation of the alert system. |
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Sec. 411.444. 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 system. |
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Sec. 411.445. STATE AGENCIES. (a) A state agency |
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participating in the alert system shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert system; and |
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(2) establish a plan for providing relevant |
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information to its officers, investigators, or employees, as |
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appropriate, once the alert system has been activated. |
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(b) In addition to its duties as a state agency under |
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Subsection (a), the Texas Department of Transportation shall |
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establish a plan for providing relevant information to the public |
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through an existing system of dynamic message signs located across |
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the state. |
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Sec. 411.446. NOTIFICATION TO DEPARTMENT OF MISSING ADULT. |
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(a) A local law enforcement agency shall notify the department if |
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the agency: |
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(1) receives notice of a missing adult; |
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(2) verifies that at the time the adult is reported |
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missing: |
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(A) the person reported missing is 18 years of |
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age or older but younger than 65 years of age; |
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(B) the adult's location is unknown; and |
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(C) the adult has been missing for less than 72 |
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hours; |
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(3) confirms that a preliminary investigation has |
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taken place with respect to the disappearance and that, as a result |
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of that investigation, the agency believes that the missing adult |
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is in imminent danger of serious bodily injury or death; and |
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(4) believes sufficient information is available to |
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disseminate to the public that could assist in locating the adult, a |
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person suspected of abducting the adult, or a vehicle suspected of |
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being used by the adult or in any abduction of the adult. |
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(b) The department may modify the criteria described by |
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Subsection (a) as necessary for the proper implementation of the |
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alert system. |
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Sec. 411.447. ACTIVATION OF KELLEY ALERT. (a) When a local |
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law enforcement agency notifies the department under Section |
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411.446, 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 adult. |
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(c) The department shall also send the alert to: |
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(1) any appropriate local law enforcement agency; |
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(2) the Texas Department of Transportation; |
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(3) the Texas Lottery Commission; and |
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(4) the Independent Bankers Association of Texas. |
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Sec. 411.448. CONTENT OF KELLEY 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 under Section 411.446 and that may |
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lead to the safe recovery of the missing adult; and |
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(2) a statement instructing any person with |
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information related to the missing adult to contact a local law |
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enforcement agency. |
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Sec. 411.449. TERMINATION OF KELLEY 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 adult not later than the earlier of the date |
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on which: |
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(1) the missing adult is located or the situation is |
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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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adult who is the subject of an alert under this subchapter shall |
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notify the department as soon as possible that the missing adult has |
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been located. |
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SECTION 2. (a) The Department of Public Safety shall |
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conduct a study on the effectiveness of the statewide alert system |
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described by Subchapter P, Chapter 411, Government Code, as added |
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by this Act. The study must investigate whether the statewide alert |
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system fulfills the purpose for which the alert system was created |
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and whether the alert system should be modified or expanded. |
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(b) Not later than December 31, 2016, the Department of |
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Public Safety shall submit to the governor, lieutenant governor, |
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and speaker of the house of representatives a report containing the |
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results of the study conducted under Subsection (a) of this |
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section, including any recommendations for proposed legislation. |
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(c) This section expires December 31, 2017. |
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SECTION 3. This Act takes effect September 1, 2015. |