Bill Text: TX HB103 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to establishment of the Texas Active Shooter Alert System.

Spectrum: Slight Partisan Bill (Democrat 14-8)

Status: (Passed) 2021-05-24 - Effective on 9/1/21 [HB103 Detail]

Download: Texas-2021-HB103-Enrolled.html
 
 
  H.B. No. 103
 
 
 
 
AN ACT
  relating to establishment of the Texas Active Shooter Alert System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the "Leilah Hernandez
  Act."
         SECTION 2.  Chapter 411, Government Code, is amended by
  adding Subchapter L-1 to read as follows:
  SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM
         Sec. 411.371.  DEFINITION. In this subchapter, "alert
  system" means the Texas Active Shooter Alert System established
  under this subchapter.
         Sec. 411.372.  DEVELOPMENT AND IMPLEMENTATION OF ALERT
  SYSTEM. With the cooperation of the Texas Department of
  Transportation, the office of the governor, and other appropriate
  law enforcement agencies in this state, the department shall
  develop and implement an alert system to be activated on report of
  an active shooter.
         Sec. 411.373.  ADMINISTRATION. (a) The director is the
  statewide coordinator of the alert system.
         (b)  The director shall adopt rules and issue directives as
  necessary to ensure proper implementation of the alert system. The
  rules and directives must include instructions on the procedures
  for activating and deactivating the alert system.
         (c)  The director shall prescribe forms for local law
  enforcement agencies to use in requesting activation of the alert
  system.
         Sec. 411.374.  DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The
  department shall recruit public and commercial television and radio
  broadcasters, mobile telephone service providers by use of the
  federal Wireless Emergency Alert system, private commercial
  entities, state or local governmental entities, the public, and
  other appropriate persons to assist in developing and implementing
  the alert system.
         (b)  The department may enter into agreements with
  participants in the alert system to provide necessary support for
  the alert system.
         Sec. 411.375.  ACTIVATION. (a) On the request of a local law
  enforcement agency or as the department determines appropriate to
  assist a local law enforcement agency regarding an active shooter,
  the department shall activate the alert system and notify
  appropriate participants in the alert system as established by rule
  if the local law enforcement agency or department:
               (1)  believes an active shooter is in the agency's
  jurisdiction;
               (2)  determines an active shooter alert would assist
  individuals near the active shooter's location;
               (3)  verifies the active shooter situation through a
  preliminary investigation; and
               (4)  provides the active shooter's last known location
  and any identifiable information for the active shooter.
         (b)  The department may modify the criteria described by
  Subsection (a) as necessary for the proper implementation of the
  alert system.
         Sec. 411.376.  LOCAL LAW ENFORCEMENT AGENCIES. Before
  requesting activation of the alert system, a local law enforcement
  agency must verify that the criteria described by Section
  411.375(a) have been satisfied. On verification of the applicable
  criteria, the local law enforcement agency may immediately contact
  the department to request activation and supply the necessary
  information on forms prescribed by the director.
         Sec. 411.377.  STATE AGENCIES. (a) A state agency
  participating in the alert system shall:
               (1)  cooperate with the department and assist in
  developing and implementing the alert system; and
               (2)  establish a plan for providing relevant
  information to its officers, investigators, or employees, as
  appropriate, on activation of the alert system.
         (b)  In addition to its duties as a state agency under
  Subsection (a), the Texas Department of Transportation shall
  establish a plan for providing relevant information to the public
  within 50 miles of an active shooter for which an alert has been
  issued through an existing system of dynamic message signs located
  across the state.
         Sec. 411.378.  LIMITATION ON PARTICIPATION BY TEXAS
  DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.377(b),
  the Texas Department of Transportation is not required to use any
  existing system of dynamic message signs in a statewide alert
  system created under this subchapter if the Texas Department of
  Transportation receives notice from the United States Department of
  Transportation Federal Highway Administration that the use of the
  signs would result in the loss of federal highway funding or other
  punitive actions taken against this state due to noncompliance with
  federal laws, regulations, or policies.
         Sec. 411.379.  TERMINATION. The director shall terminate
  any activation of the alert system for a particular active shooter
  if:
               (1)  the active shooter situation is resolved; or
               (2)  the director or a local law enforcement agency
  determines the alert system is no longer an effective tool for
  providing relevant information to the public about the active
  shooter.
         Sec. 411.380.  LIMITATION OF LIABILITY. The department or a
  local law enforcement agency is not liable for failure to activate
  the alert system.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the public safety director of the Department of Public
  Safety of the State of Texas shall adopt rules and issue directives
  necessary to implement Subchapter L-1, Chapter 411, Government
  Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 103 was passed by the House on April
  7, 2021, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 103 was passed by the Senate on May
  12, 2021, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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