Bill Text: TX HB2922 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the creation of a statewide alert system for certain adolescents in danger.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-06 - Committee report sent to Calendars [HB2922 Detail]
Download: Texas-2021-HB2922-Comm_Sub.html
| 87R16368 EAS-D | |||
| By: Buckley, Guillen | H.B. No. 2922 | ||
| Substitute the following for H.B. No. 2922: | |||
| By: White | C.S.H.B. No. 2922 | ||
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| relating to the creation of a statewide alert system for certain | ||
| adolescents in danger. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter S to read as follows: | ||
| SUBCHAPTER S. ALERT FOR ADOLESCENTS IN DANGER | ||
| Sec. 411.551. DEFINITIONS. In this subchapter: | ||
| (1) "Adolescent in danger" means an individual 16 | ||
| years of age or younger who is reported or suspected to be with a | ||
| registered sex offender. | ||
| (2) "Alert" means the statewide alert for an | ||
| adolescent in danger that is developed and implemented under this | ||
| subchapter. | ||
| (3) "Bodily injury" has the meaning assigned by | ||
| Section 1.07, Penal Code. | ||
| (4) "Local law enforcement agency" means a local law | ||
| enforcement agency with jurisdiction over the investigation of an | ||
| adolescent in danger. | ||
| (5) "Registered sex offender" means an individual who | ||
| is required to register as a sex offender under Chapter 62, Code of | ||
| Criminal Procedure. | ||
| Sec. 411.552. ALERT FOR ADOLESCENTS IN DANGER. 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 system to | ||
| allow a statewide alert to be activated on behalf of an adolescent | ||
| in danger. | ||
| Sec. 411.553. 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: | ||
| (1) the procedures to be used by a local law | ||
| enforcement agency to verify whether an adolescent is reported or | ||
| suspected to be with a registered sex offender and whether | ||
| circumstances indicate that the adolescent is in imminent danger of | ||
| suffering bodily injury or becoming a victim of an offense | ||
| described by Article 62.001(5), Code of Criminal Procedure; | ||
| (2) a description of the circumstances under which a | ||
| local law enforcement agency may report an adolescent in danger to | ||
| the department; and | ||
| (3) the procedures to be used by an individual or | ||
| entity to report information about an adolescent in danger to | ||
| designated media outlets in this state. | ||
| (c) The director shall prescribe forms for use by local law | ||
| enforcement agencies in requesting activation of the alert system. | ||
| Sec. 411.554. DEPARTMENT TO RECRUIT PARTICIPANTS. The | ||
| department shall recruit public and commercial television and radio | ||
| broadcasters, private commercial entities, state or local | ||
| governmental entities, the public, and other appropriate persons to | ||
| assist in developing and implementing the alert system. | ||
| Sec. 411.555. 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, once the alert system has been activated. | ||
| (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 | ||
| through an existing system of dynamic message signs located across | ||
| the state. | ||
| Sec. 411.556. NOTIFICATION TO DEPARTMENT OF ADOLESCENT IN | ||
| DANGER. (a) A local law enforcement agency may notify the | ||
| department regarding an adolescent in danger if: | ||
| (1) the local law enforcement agency believes that an | ||
| adolescent is in danger and circumstances indicate that: | ||
| (A) the adolescent is 16 years of age or younger; | ||
| (B) the adolescent is reported or suspected to be | ||
| with a registered sex offender, including a registered sex offender | ||
| related to the child by any degree of consanguinity or affinity as | ||
| defined under Subchapter B, Chapter 573; and | ||
| (C) regardless of whether the adolescent | ||
| departed willingly with the registered sex offender, if the | ||
| registered sex offender described by Paragraph (B) is not the | ||
| adolescent's parent or guardian, the adolescent has been taken from | ||
| the care and custody of the adolescent's parent or legal guardian: | ||
| (i) without the permission of the | ||
| adolescent's parent or guardian; or | ||
| (ii) if the adolescent's parent or guardian | ||
| is a registered sex offender, with or without the parent's or | ||
| guardian's permission; | ||
| (2) the local law enforcement agency believes that the | ||
| adolescent is in immediate danger of suffering bodily injury or | ||
| becoming the victim of an offense under Article 62.001(5), Code of | ||
| Criminal Procedure; and | ||
| (3) sufficient information is available to | ||
| disseminate to the public that could assist in locating the | ||
| adolescent in danger, a registered sex offender suspected of being | ||
| with the adolescent in danger, or a vehicle suspected of being used | ||
| by the registered sex offender or the adolescent in danger. | ||
| (b) In determining whether to notify the department, the | ||
| local law enforcement agency shall consider all factors relevant to | ||
| the safety of the adolescent in danger, including: | ||
| (1) whether the registered sex offender has previously | ||
| committed criminal acts of violence; and | ||
| (2) whether the registered sex offender is more than | ||
| three years older than the adolescent in danger. | ||
| (c) The department may modify the criteria described by | ||
| Subsection (a) as necessary for the proper implementation of the | ||
| alert system. | ||
| Sec. 411.557. ACTIVATION OF ALERT. (a) When a local law | ||
| enforcement agency notifies the department under Section 411.556, | ||
| the department shall confirm the accuracy of the information and, | ||
| if confirmed, immediately issue an alert under this subchapter in | ||
| accordance with the department's rules and directives under Section | ||
| 411.553. | ||
| (b) The department may issue the alert on its own | ||
| initiative, without receiving the notification described by | ||
| Subsection (a), if the issuance conforms to the department's rules | ||
| and directives and if the criteria described by Section 411.556(a) | ||
| are satisfied. | ||
| (c) In issuing the alert, the department shall send the | ||
| alert to designated media outlets in this state. 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 adolescent in | ||
| danger. | ||
| (d) The department shall also send the alert to: | ||
| (1) any appropriate law enforcement agency; | ||
| (2) the Texas Department of Transportation; | ||
| (3) the Texas Lottery Commission; and | ||
| (4) the Independent Bankers Association of Texas. | ||
| Sec. 411.558. CONTENT OF ALERT. The alert must include: | ||
| (1) all appropriate information that may lead to the | ||
| safe recovery of the adolescent in danger, as determined by the | ||
| department; and | ||
| (2) a statement instructing any person with | ||
| information related to the adolescent in danger to contact a local | ||
| or state law enforcement agency. | ||
| Sec. 411.559. TERMINATION OF ALERT. (a) The director shall | ||
| terminate any activation of the alert with respect to a particular | ||
| adolescent in danger not later than the earlier of the date on | ||
| which: | ||
| (1) the adolescent in danger 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 an | ||
| adolescent in danger who is the subject of an alert under this | ||
| subchapter shall notify the department as soon as possible that the | ||
| adolescent in danger has been located. | ||
| Sec. 411.560. LIMITATION ON PARTICIPATION BY TEXAS | ||
| DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.555(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 department 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. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
