Bill Text: TX HB377 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to an alert for a missing person experiencing a mental health crisis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB377 Detail]
Download: Texas-2021-HB377-Introduced.html
87R557 JG-D | ||
By: Smith | H.B. No. 377 |
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relating to an alert for a missing person experiencing a mental | ||
health crisis. | ||
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 CERTAIN | ||
OTHER MISSING PERSONS [ |
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SECTION 2. Section 411.351, Government Code, is amended by | ||
amending Subdivisions (2), (3), and (3-a) and adding Subdivision | ||
(3-b) to read as follows: | ||
(2) "Alert system" means the statewide America's | ||
Missing: Broadcast Emergency Response (AMBER) alert system for | ||
abducted children and certain other missing persons [ |
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(3) "Local law enforcement agency" means a local law | ||
enforcement agency with jurisdiction over the investigation of: | ||
(A) the abduction of a child; [ |
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(B) a missing person with an intellectual | ||
disability; or | ||
(C) a missing person experiencing a mental health | ||
crisis. | ||
(3-a) "Person experiencing a mental health crisis" | ||
means a person who is experiencing a mental health crisis and due to | ||
that crisis poses a danger to the person or to others. | ||
(3-b) "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 | ||
CERTAIN OTHER MISSING PERSONS [ |
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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, [ |
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missing person experiencing a mental health crisis. | ||
SECTION 4. Section 411.355(b), Government Code, is amended | ||
to read as follows: | ||
(b) On the request of a local law enforcement agency | ||
regarding a missing person with an intellectual disability or a | ||
missing person experiencing a mental health crisis, 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 or a missing | ||
person experiencing a mental health crisis; | ||
(2) the local law enforcement agency verifies that at | ||
the time the person is reported missing: | ||
(A) the person, as applicable: | ||
(i) has an intellectual disability, as | ||
determined according to the procedure provided by Section 593.005, | ||
Health and Safety Code; or | ||
(ii) is experiencing a mental health crisis | ||
and due to that crisis poses a danger to the person or to others; 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. | ||
SECTION 5. Sections 411.358 and 411.359, Government Code, | ||
are 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, [ |
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intellectual disability, or missing person experiencing a mental | ||
health crisis if: | ||
(1) the abducted child or missing person is recovered | ||
or the situation 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. | ||
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 or a missing person | ||
experiencing a mental health crisis. | ||
SECTION 6. Not later than December 1, 2021, the Public | ||
Safety Commission shall adopt rules and the public safety director | ||
of the Department of Public Safety of the State of Texas shall issue | ||
directives necessary to implement Subchapter L, Chapter 411, | ||
Government Code, as amended by this Act. | ||
SECTION 7. This Act takes effect September 1, 2021. |