By: Anderson of Dallas, Truitt, et al. H.B. No. 1075
        (Senate Sponsor - Davis)
         (In the Senate - Received from the House April 18, 2011;
  April 20, 2011, read first time and referred to Committee on
  Transportation and Homeland Security; May 17, 2011, reported
  favorably by the following vote:  Yeas 6, Nays 0; May 17, 2011,
  sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an alert for a missing person with an intellectual
  disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter L, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER L. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY
  RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND MISSING
  PERSONS WITH INTELLECTUAL DISABILITIES
         SECTION 2.  Section 411.351, Government Code, is amended by
  amending Subdivisions (2) and (3) and adding Subdivisions (2-a) and
  (3-a) to read as follows:
               (2)  "Alert system" means the statewide America's
  Missing: Broadcast Emergency Response (AMBER) alert system for
  abducted children and missing persons with intellectual
  disabilities.
               (2-a) "Intellectual disability" means significantly
  subaverage general intellectual functioning that is concurrent
  with deficits in adaptive behavior and originates during the
  developmental period.  The term includes a pervasive developmental
  disorder.
               (3)  "Local law enforcement agency" means a local law
  enforcement agency with jurisdiction over the investigation of:
                     (A)  the abduction of a child; or
                     (B)  a missing person with an intellectual
  disability.
               (3-a)  "Pervasive developmental disorder" means a
  disorder that meets the criteria for a pervasive developmental
  disorder established in the most recent Diagnostic and Statistical
  Manual of Mental Disorders published by the American Psychiatric
  Association.
         SECTION 3.  Section 411.352, Government Code, is amended to
  read as follows:
         Sec. 411.352.  STATEWIDE AMERICA'S MISSING: BROADCAST
  EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND
  MISSING PERSONS WITH INTELLECTUAL DISABILITIES. 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 a statewide
  alert system to be activated on behalf of an abducted child or a
  missing person with an intellectual disability.
         SECTION 4.  Section 411.355, Government Code, is amended to
  read as follows:
         Sec. 411.355.  ACTIVATION. (a) On the request of a local
  law enforcement agency regarding an abducted child, the department
  shall activate the alert system and notify appropriate participants
  in the alert system, as established by rule, if:
               (1)  the local law enforcement agency believes that a
  child has been abducted, including a child who:
                     (A)  is younger than 14 years of age; and
                     (B)  regardless of whether the child departed
  willingly with the other person, has been taken from the care and
  custody of the child's parent or legal guardian without the
  permission of the parent or legal guardian by another person who is:
                           (i)  more than three years older than the
  child; and
                           (ii)  not related to the child by any degree
  of consanguinity or affinity as defined under Subchapter B, Chapter
  573, Government Code;
               (2)  the local law enforcement agency believes that the
  abducted child is in immediate danger of serious bodily injury or
  death or of becoming the victim of a sexual assault;
               (3)  the local law enforcement agency confirms that a
  preliminary investigation has taken place that verifies the
  abduction and eliminates alternative explanations for the child's
  disappearance; and
               (4)  sufficient information is available to
  disseminate to the public that could assist in locating the child, a
  person suspected of abducting the child, or a vehicle suspected of
  being used in the abduction.
         (b)  On the request of a local law enforcement agency
  regarding a missing person with an intellectual disability, the
  department shall activate the alert system and notify appropriate
  participants in the alert system, as established by rule, if:
               (1)  the local law enforcement agency receives notice
  of a missing person with an intellectual disability;
               (2)  the local law enforcement agency verifies that at
  the time the person is reported missing:
                     (A)  the person has an intellectual disability, as
  determined according to the procedure provided by Section 593.005,
  Health and Safety Code; and
                     (B)  the person's location is unknown;
               (3)  the local law enforcement agency determines that
  the person's disappearance poses a credible threat to the person's
  health and safety; and
               (4)  sufficient information is available to
  disseminate to the public that could assist in locating the person.
         (c)  The department may modify the criteria described by
  Subsection (a) or (b) as necessary for the proper implementation of
  the alert system.
         SECTION 5.  Section 411.356, Government Code, is amended to
  read as follows:
         Sec. 411.356.  LOCAL LAW ENFORCEMENT AGENCIES. Before
  requesting activation of the alert system, a local law enforcement
  agency must verify that the criteria described by Section
  411.355(a) or (b), as applicable, have been satisfied. On
  verification of the applicable criteria, the local law enforcement
  agency shall immediately contact the department to request
  activation and shall supply the necessary information on the forms
  prescribed by the director.
         SECTION 6.  Section 411.358, Government Code, is amended to
  read as follows:
         Sec. 411.358.  TERMINATION. The director shall terminate
  any activation of the alert system with respect to a particular
  abducted child or a particular missing person with an intellectual
  disability if:
               (1)  the abducted child or missing person is recovered
  or the situation [abduction] is otherwise resolved; or
               (2)  the director determines that the alert system is
  no longer an effective tool for locating and recovering the
  abducted child or missing person.
         SECTION 7.  Subchapter L, Chapter 411, Government Code, is
  amended by adding Section 411.359 to read as follows:
         Sec. 411.359.  SYSTEM NAME.  The director by rule may assign
  a name other than America's Missing: Broadcast Emergency Response
  (AMBER) to the alert system when the system is activated regarding a
  missing person with an intellectual disability.
         SECTION 8.  Not later than December 1, 2011, 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, Chapter 411, Government Code, as amended by this Act.
         SECTION 9.  This Act takes effect September 1, 2011.
 
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