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A BILL TO BE ENTITLED
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AN ACT
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relating to an alert for a missing person with a guardian. |
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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 CERTAIN |
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OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES] |
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SECTION 2. Section 411.351, Government Code, is amended by |
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amending Subdivisions (2), (2-a), (3), and (3-a) and adding |
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Subdivisions (2-b) and (3-b) to read as follows: |
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(2) "Alert system" means the statewide America's |
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Missing: Broadcast Emergency Response (AMBER) alert system for |
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abducted children and certain other missing persons [with
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intellectual disabilities]. |
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(2-a) "Guardian" has the meaning assigned by Section |
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1002.012, Estates Code. |
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(2-b) "Intellectual disability" means significantly |
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subaverage general intellectual functioning that is concurrent |
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with deficits in adaptive behavior and originates during the |
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developmental period. The term includes a pervasive developmental |
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disorder. |
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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: |
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(A) the abduction of a child; [or] |
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(B) a missing person with an intellectual |
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disability; or |
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(C) a missing person with a guardian. |
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(3-a) "Person with a guardian" means a person for whom |
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a guardian has been appointed. |
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(3-b) "Pervasive developmental disorder" means a |
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disorder that meets the criteria for a pervasive developmental |
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disorder established in the most recent Diagnostic and Statistical |
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Manual of Mental Disorders published by the American Psychiatric |
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Association. |
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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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CERTAIN OTHER MISSING PERSONS [WITH INTELLECTUAL DISABILITIES]. |
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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 alert system to be activated on behalf of an abducted |
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child, [or] a missing person with an intellectual disability, or a |
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missing person with a guardian. |
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SECTION 4. Section 411.355(b), Government Code, is amended |
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to read as follows: |
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(b) On the request of a local law enforcement agency |
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regarding a missing person with an intellectual disability or a |
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missing person with a guardian, the department shall activate the |
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alert system and notify appropriate participants in the alert |
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system, as established by rule, if: |
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(1) the local law enforcement agency receives notice |
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of a missing person with an intellectual disability or with a |
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guardian; |
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(2) the local law enforcement agency verifies that at |
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the time the person is reported missing: |
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(A) the person, as applicable: |
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(i) has an intellectual disability, as |
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determined according to the procedure provided by Section 593.005, |
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Health and Safety Code; or |
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(ii) has a guardian; and |
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(B) the person's location is unknown; |
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(3) the local law enforcement agency determines that |
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the person's disappearance poses a credible threat to the person's |
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health and safety; 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 person. |
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SECTION 5. Sections 411.358 and 411.359, Government Code, |
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are amended to read as follows: |
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Sec. 411.358. TERMINATION. The director shall terminate |
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any activation of the alert system with respect to a particular |
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abducted child, [or a particular] missing person with an |
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intellectual disability, or missing person with a guardian if: |
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(1) the abducted child or missing person is recovered |
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or the situation is 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 and recovering the |
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abducted child or missing person. |
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Sec. 411.359. SYSTEM NAME. The director by rule may assign |
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a name other than America's Missing: Broadcast Emergency Response |
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(AMBER) to the alert system when the system is activated regarding a |
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missing person with an intellectual disability or a missing person |
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with a guardian. |
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SECTION 6. Not later than December 1, 2019, the Public |
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Safety Commission shall adopt rules and the public safety director |
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of the Department of Public Safety of the State of Texas shall issue |
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directives necessary to implement Subchapter L, Chapter 411, |
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Government Code, as amended by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |