Bill Text: TX HB833 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of a statewide alert system for missing military members.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB833 Detail]

Download: Texas-2019-HB833-Enrolled.html

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H.B. No. 833

AN ACT
relating to the creation of a statewide alert system for missing
military members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. CAMO ALERT FOR MISSING MILITARY MEMBERS
Sec. 411.461. DEFINITIONS. In this subchapter:
(1) "Alert" means the statewide camo alert for missing
military members that is developed and implemented under this
subchapter.
(2) "Law enforcement agency" means a law enforcement
agency with jurisdiction over the investigation of a missing
military member.
(3) "Military member" means a person who is a current
or former member of the United States armed forces, including the
National Guard or a reserve or auxiliary unit of any branch of the
armed forces.
Sec. 411.462. CAMO ALERT FOR MISSING MILITARY MEMBERS.
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 camo alert to be activated on behalf of a missing
military member who has elected to participate in the alert system
and who suffers from a mental illness, including post-traumatic
stress disorder, or a traumatic brain injury.
Sec. 411.463. ADMINISTRATION. (a) The director is the
statewide coordinator of the alert.
(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 law enforcement
agency to verify whether a military member:
(A) is missing; and
(B) suffers from a mental illness, including
post-traumatic stress disorder, or a traumatic brain injury;
(2) a description of the circumstances under which a
law enforcement agency is required to report a missing military
member to the department;
(3) the procedures to be used by an individual or
entity to report information about a missing military member to
designated media outlets in this state;
(4) guidelines for protecting the privacy of a missing
military member for whom an alert has been issued; and
(5) the procedures to be used by a military member to
opt into the alert system with respect to the member.
(c) The director shall prescribe forms for use by law
enforcement agencies in requesting activation of the alert system.
Sec. 411.464. 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. 411.465. 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. 411.466. NOTIFICATION TO DEPARTMENT OF MISSING
MILITARY MEMBER. (a) A law enforcement agency shall notify the
department if the agency:
(1) receives a report regarding a missing military
member who is determined by the agency to be a participant in the
alert system;
(2) verifies that at the time the military member is
reported missing:
(A) the person reported missing is a military
member;
(B) the military member's location is unknown;
and
(C) the military member suffers from a mental
illness, including post-traumatic stress disorder, or a traumatic
brain injury; and
(3) determines that the military member's
disappearance poses a credible threat to the military member's
health and safety or the health and safety of another.
(b) A law enforcement agency shall verify the information
required by Subsection (a)(2) and make the determination required
by Subsection (a)(3) as soon as practicable after the agency
receives a report regarding a missing military member.
(c) In verifying that the military member suffers from a
mental illness, including post-traumatic stress disorder, or a
traumatic brain injury as required by Subsection (a)(2)(C), the law
enforcement agency shall require the family or legal guardian of
the military member to provide documentation of the illness or
injury.
Sec. 411.467. ACTIVATION OF CAMO ALERT. (a) When a law
enforcement agency notifies the department under Section 411.466,
the department shall confirm the accuracy of the information and,
if confirmed, immediately issue an alert under this subchapter in
accordance with department rules.
(b) 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 missing military
member.
Sec. 411.468. CONTENT OF CAMO ALERT. The alert must
include:
(1) all appropriate information that is provided by
the law enforcement agency under Section 411.466 and that may lead
to the safe recovery of the missing military member; and
(2) a statement instructing any person with
information related to the missing military member to contact a law
enforcement agency.
Sec. 411.469. TERMINATION OF CAMO ALERT. (a) The director
shall terminate any activation of the alert with respect to a
particular missing military member not later than the earlier of
the date on which:
(1) the missing military member is located or the
situation is otherwise resolved; or
(2) the notification period ends, as determined by
department rule.
(b) A law enforcement agency that locates a missing military
member who is the subject of an alert under this subchapter shall
notify the department as soon as possible that the missing military
member has been located.
Sec. 411.470. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(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.
Sec. 411.471. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2023.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 833 was passed by the House on April
5, 2019, by the following vote: Yeas 131, Nays 6, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 833 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor