88R11569 CJD-D
 
  By: Sherman, Sr. H.B. No. 3330
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a task force on the statewide alert
  systems for abducted children and missing persons with intellectual
  disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  In this section:
               (1)  "Child" means an individual younger than 18 years
  of age.
               (2)  "Commission" means the Texas Commission on Law
  Enforcement.
               (3)  "Task force" means the task force on the statewide
  alert systems for abducted children and missing persons with
  intellectual disabilities established by this Act.
         (b)  The task force is composed of the following 16 members
  appointed by the presiding officer of the commission:
               (1)  a child with a physical disability;
               (2)  a child with a mental illness or intellectual
  disability;
               (3)  a family member of a person with a mental illness
  or intellectual disability;
               (4)  an employee of a local behavioral health
  authority;
               (5)  a member of a community resource coordination
  group as defined by Section 531.151, Government Code;
               (6)  an employee or volunteer of a nonprofit
  organization that supports the self-advocacy of children;
               (7)  an employee or volunteer of a nonprofit
  organization that provides services to children with disabilities;
               (8)  an employee or volunteer of a nonprofit
  organization that provides services to children with mental health
  needs;
               (9)  a school counselor certified under Subchapter B,
  Chapter 21, Education Code, who has experience in offering
  trauma-informed care to students;
               (10)  a physician with experience working with patients
  with disabilities or a psychiatrist;
               (11)  an attorney licensed in this state whose practice
  includes juvenile justice or family law;
               (12)  an attorney licensed in this state whose practice
  includes probate or civil jurisprudence;
               (13)  a representative of the Texas Education Agency;
               (14)  a representative of the Health and Human Services
  Commission;
               (15)  a representative of the Department of Family and
  Protective Services; and
               (16)  a representative of the Department of Public
  Safety.
         (c)  The task force shall elect a presiding officer from
  among its membership.
         (d)  The presiding officer of the commission shall fill a
  vacancy on the task force in the same manner as the original
  appointment.
         (e)  The task force shall meet at least quarterly at the call
  of the presiding officer. The task force may meet in person or by
  electronic means.
         (f)  A task force member is not entitled to compensation for
  service on the task force but, if authorized by the presiding
  officer of the task force, may be reimbursed from funds available
  for the purpose for actual and necessary expenses incurred in
  performing task force duties.
         (g)  The task force may accept gifts, grants, and donations
  to carry out the task force's duties under this Act.
         (h)  The commission shall establish a task force to study the
  classification of cases for the statewide alert systems for
  abducted children and missing persons with intellectual
  disabilities provided under Subchapter L, Chapter 411, Government
  Code, and the application of those systems to each case.  The study
  shall include:
               (1)  an analysis of children and persons with
  intellectual disabilities reported missing throughout the state,
  including:
                     (A)  whether a statewide alert system was
  activated as a result of the report;
                     (B)  the following for each person reported
  missing, if known:
                           (i)  age;
                           (ii)  gender;
                           (iii)  ethnicity;
                           (iv)  sexual orientation and gender
  identity;
                           (v)  human or sex trafficking risk score
  calculated using a risk assessment regularly used by law
  enforcement agencies in this state;
                           (vi)  urban or rural designation, as defined
  by the United States Census Bureau in the most recent census, for
  the person's residence; and
                           (vii)  opportunity zone, as defined by the
  Internal Revenue Service, for the person's residence; and
                     (C)  the law enforcement response to the missing
  persons report, including:
                           (i)  if a 911 or 311 call was made in
  relation to the missing person's disappearance, the 911 or 311
  classification applied to the call in the applicable computer-aided
  dispatch system, including missing, runaway, abducted, or
  kidnapped;
                           (ii)  the classification of the missing
  persons case within any applicable law enforcement database,
  including a jail management system or offender management system;
                           (iii)  any indication included in the report
  indicating the mental health condition of the missing person;
                           (iv)  whether law enforcement agencies in
  adjoining municipalities or counties were notified of the missing
  person; and
                           (v)  the law enforcement agency's
  communication with the missing person's parent, caregiver, or
  another person who reported the person missing; and
               (2)  a description of any trends or patterns in the data
  analyzed under Subdivision (1) that indicate that a group or subset
  of missing persons cases are treated differently than others based
  on a characteristic of the missing person.
         (i)  The task force shall compile information regarding each
  law enforcement agency and agency providing 911 dispatch operations
  in this state.  The information must include:
               (1)  whether the agency has a written mental health
  policy applicable to alleged victims or offenders, including
  whether the policy has specific provisions relating to victims or
  offenders who are children;
               (2)  the number of employees of the agency that have
  received specialized training in mental health related fields;
               (3)  a description of each training course described by
  Subdivision (2) attended by an employee of the agency; and
               (4)  the frequency with which each employee attended a
  training course described by Subdivision (2).
         (j)  Based on the result of the study conducted under
  Subsection (h) and the information compiled under Subsection (i),
  the task force shall develop recommendations to increase the
  consistent application of the statewide alert systems for abducted
  children and missing persons with intellectual disabilities,
  including by standardizing case classifications and other law
  enforcement procedures for missing persons cases, including
  missing persons cases involving a missing person with a mental
  illness.
         (k)  Not later than September 1 of each even-numbered year,
  the task force shall prepare and submit to each member of the
  legislature, the Commission on Jail Standards, the Department of
  Public Safety, the Texas Juvenile Justice Department, the Texas
  Civil Commitment Office, and the commission a written report that
  includes the results of the study conducted under Subsection (h),
  the information compiled under Subsection (i), and the
  recommendations developed under Subsection (j) and any other
  legislative or regulatory recommendations.
         (l)  Chapter 2110, Government Code, does not apply to the
  task force.
         (m)  The task force is abolished and this Act expires
  September 1, 2030.
         SECTION 2.  Not later than November 1, 2023, the presiding
  officer of the Texas Commission on Law Enforcement shall appoint
  the members of the task force on statewide alert systems for
  abducted children and missing persons with intellectual
  disabilities as required by Section 1 of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.