Bill Text: TX HB2639 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to an alert for a missing senior citizen or person with Alzheimer's disease.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-09 - Effective immediately [HB2639 Detail]

Download: Texas-2017-HB2639-Enrolled.html
 
 
  H.B. No. 2639
 
 
 
 
AN ACT
  relating to an alert for a missing senior citizen or person with
  Alzheimer's disease.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter M, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS
  WITH ALZHEIMER'S DISEASE
         SECTION 2.  Sections 411.381(1) and (2), Government Code,
  are amended to read as follows:
               (1)  "Alert" means the statewide silver alert for
  missing senior citizens and persons with Alzheimer's disease, as
  developed and implemented under this subchapter.
               (2)  "Local law enforcement agency" means a local law
  enforcement agency with jurisdiction over the investigation of a
  missing senior citizen or person with Alzheimer's disease.
         SECTION 3.  Section 411.382, Government Code, is amended to
  read as follows:
         Sec. 411.382.  SILVER ALERT FOR MISSING SENIOR CITIZENS AND
  PERSONS WITH ALZHEIMER'S DISEASE. 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 silver alert to
  be activated on behalf of a missing senior citizen or person with
  Alzheimer's disease.
         SECTION 4.  Section 411.383(b), Government Code, is amended
  to read as follows:
         (b)  The director shall adopt rules and issue directives as
  necessary to ensure proper implementation of the alert. The rules
  and directives must include:
               (1)  the procedures to be used by a local law
  enforcement agency to verify whether a person reported missing is a
  senior citizen with [:
                     [(A)  is missing; and
                     [(B)  has] an impaired mental condition or a
  person with Alzheimer's disease and whether the person's location
  is unknown;
               (2)  a description of the circumstances under which a
  local law enforcement agency is required to report a missing senior
  citizen or person with Alzheimer's disease to the department; and
               (3)  the procedures to be used by an individual or
  entity to report information about a missing senior citizen or
  person with Alzheimer's disease to designated media outlets in
  Texas.
         SECTION 5.  Section 411.386, Government Code, is amended to
  read as follows:
         Sec. 411.386.  NOTIFICATION TO DEPARTMENT OF MISSING SENIOR
  CITIZEN OR PERSON WITH ALZHEIMER'S DISEASE. (a) A local law
  enforcement agency may notify the department if the agency:
               (1)  receives notice of a missing senior citizen or
  person with Alzheimer's disease;
               (2)  verifies that at the time the senior citizen or
  person with Alzheimer's disease is reported missing:
                     (A)  the person reported missing:
                           (i)  is 65 years of age or older and has an
  impaired mental condition; or
                           (ii)  is a person with Alzheimer's disease;
  and
                     (B)  the person's [senior citizen's] location is
  unknown; and
                     [(C)     the senior citizen has an impaired mental
  condition; and]
               (3)  determines that the person's [senior citizen's]
  disappearance poses a credible threat to the person's [senior
  citizen's] health and safety.
         (b)  The local law enforcement agency shall:
               (1)  require the family or legal guardian of the
  missing senior citizen or person with Alzheimer's disease to
  provide documentation of the person's age and [senior citizen's
  impaired mental] condition to verify the person's status
  [condition] as described [required] by Subsection (a)(2)(A)
  [(a)(2)(C)]; and
               (2)  as soon as practicable, determine whether the
  person's [senior citizen's] disappearance poses a credible threat
  to the person's [senior citizen's] health and safety for purposes of
  Subsection (a)(3).
         SECTION 6.  Section 411.387(b), Government Code, is amended
  to read as follows:
         (b)  In issuing the alert, the department shall send the
  alert to designated media outlets in Texas. Following receipt of
  the alert, participating radio stations and[,] television
  stations[,] and other participating media outlets may issue the
  alert at designated intervals to assist in locating the missing
  senior citizen or person with Alzheimer's disease.
         SECTION 7.  Section 411.388, Government Code, is amended to
  read as follows:
         Sec. 411.388.  CONTENT OF SILVER ALERT. The alert must
  include:
               (1)  all appropriate information that is provided by
  the local law enforcement agency and that may lead to the safe
  recovery of the missing senior citizen or person with Alzheimer's
  disease; and
               (2)  a statement instructing any person with
  information related to the missing senior citizen or person with
  Alzheimer's disease to contact a local law enforcement agency.
         SECTION 8.  Section 411.389, Government Code, is amended to
  read as follows:
         Sec. 411.389.  TERMINATION OF SILVER ALERT. (a) The
  director shall terminate any activation of the alert with respect
  to a particular missing senior citizen or person with Alzheimer's
  disease not later than the earlier of the date on which:
               (1)  the missing person [senior citizen] is located or
  the situation is otherwise resolved; or
               (2)  the notification period ends, as determined by
  department rule.
         (b)  A local law enforcement agency that locates a missing
  senior citizen or person with Alzheimer's disease who is the
  subject of an alert under this subchapter shall notify the
  department as soon as possible that the missing person [senior
  citizen] has been located.
         SECTION 9.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2639 was passed by the House on May 4,
  2017, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2639 on May 26, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2639 on May 27, 2017, by the following vote:  Yeas 137,
  Nays 8, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2639 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2639 on May 28, 2017, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback