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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 countywide alert system for missing |
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adults. |
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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. 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. |
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(2) "Alert" means the countywide alert for missing |
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adults that is developed and implemented under this 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. ALERT FOR MISSING ADULTS. With the |
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cooperation of the office of the governor and other appropriate law |
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enforcement agencies in this state, the department shall develop |
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and implement an alert to be activated in a county in which an adult |
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is missing. |
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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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in a county. |
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Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The |
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department shall recruit local television and radio broadcasters, |
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private commercial entities, state or local governmental entities, |
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the public, and other appropriate persons to assist in developing |
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and implementing the alert system. |
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Sec. 411.445. STATE AGENCIES. A state agency participating |
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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 applicable state officers, investigators, or |
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employees once the alert system has been activated. |
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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; |
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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 ALERT. (a) When a local law |
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enforcement agency notifies the department under Section 411.446, |
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the department shall confirm the accuracy of the information and, |
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if confirmed, immediately issue an alert under this subchapter in |
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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 the county in which the adult |
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is missing. Following receipt of the alert, participating radio |
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stations and television stations and other participating media |
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outlets may issue the alert at designated intervals to assist in |
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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; and |
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(2) a state agency described by Section 411.445. |
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Sec. 411.448. CONTENT OF ALERT. The alert must 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 ALERT. (a) The director shall |
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terminate any activation of the alert with respect to a particular |
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missing adult not later than the earlier of the date 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. This Act takes effect September 1, 2017. |