By: Johnson of Harris H.B. No. 3715       A BILL TO BE ENTITLED   AN ACT   relating to statewide alerts for missing adults.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 senior citizen:                      (A)  is missing; and                      (B)  has a mental or physical disability or other     [an] impaired mental or physical condition;                (2)  a description of the circumstances under which a   local law enforcement agency is required to report a missing senior   citizen to the department; and                (3)  the procedures to be used by an individual or   entity to report information about a missing senior citizen to   designated media outlets in Texas.          SECTION 2.  Section 411.386, Government Code, is amended to   read as follows:          Sec. 411.386.  NOTIFICATION TO DEPARTMENT OF MISSING SENIOR   CITIZEN. (a) A local law enforcement agency may notify the   department if the agency:                (1)  receives notice of a missing senior citizen;                (2)  verifies that at the time the senior citizen is   reported missing:                      (A)  the person reported missing is 65 years of   age or older;                      (B)  the senior citizen's location is unknown; and                      (C)  the senior citizen has a mental or physical   disability or other [an] impaired mental or physical condition; and                (3)  determines that the senior citizen's disappearance   poses a credible threat to the 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 to provide documentation of the senior   citizen's mental or physical disability or other impaired mental or   physical condition to verify the disability or condition as   required by Subsection (a)(2)(C); and                (2)  as soon as practicable, determine whether the   senior citizen's disappearance poses a credible threat to the   senior citizen's health and safety for purposes of Subsection   (a)(3).          SECTION 3.  Chapter 411, Government Code, is amended by   adding Subchapter P to read as follows:   SUBCHAPTER P. ALERT FOR MISSING ADULTS          Sec. 411.441.  DEFINITIONS. In this subchapter:                (1)  "Adult" means a person who is 18 years of age or   older but younger than 65 years of age.                (2)  "Alert" means the statewide alert for missing   adults that is developed and implemented under this subchapter.                (3)  "Local law enforcement agency" means a local law   enforcement agency with jurisdiction over the investigation of a   missing adult.          Sec. 411.442.  ALERT FOR MISSING ADULTS. 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 to be activated on behalf of a missing adult.          Sec. 411.443.  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 local law   enforcement agency to verify whether an adult is:                      (A)  missing; and                      (B)  in danger because of the adult's mental or   physical disability or other mental or physical condition;                (2)  a description of the circumstances under which a   local law enforcement agency is required to report a missing adult   to the department; and                (3)  the procedures to be used by an individual or   entity to report information about a missing adult to designated   media outlets in Texas.          (c)  The director shall prescribe forms for use by local law   enforcement agencies in requesting activation of the alert system.          Sec. 411.444.  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. 411.445.  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. 411.446.  NOTIFICATION TO DEPARTMENT OF MISSING ADULT.   (a) A local law enforcement agency shall notify the department if   the agency:                (1)  receives notice of a missing adult;                (2)  verifies that at the time the adult is reported   missing:                      (A)  the person reported missing is 18 years of   age or older but younger than 65 years of age;                      (B)  the adult's location is unknown; and                      (C)  the adult has been missing for less than 72   hours;                (3)  confirms that a preliminary investigation has   taken place with respect to the disappearance and that, as a result   of that investigation, the agency believes that the missing adult   is in danger because of the adult's mental or physical disability or   other mental or physical condition; and                (4)  believes sufficient information is available to   disseminate to the public that could assist in locating the adult or   a vehicle being used by the adult.          (b)  The department may modify the criteria described by   Subsection (a) as necessary for the proper implementation of the   alert system.          Sec. 411.447.  ACTIVATION OF ALERT. (a) When a local law   enforcement agency notifies the department under Section 411.446,   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 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 adult.          (c)  The department shall also send the alert to:                (1)  any appropriate local law enforcement agency; and                (2)  the Texas Department of Transportation.          Sec. 411.448.  CONTENT OF ALERT. The alert must include:                (1)  all appropriate information that is provided by   the local law enforcement agency under Section 411.446 and that may   lead to the safe recovery of the missing adult; and                (2)  a statement instructing any person with   information related to the missing adult to contact a local law   enforcement agency.          Sec. 411.449.  TERMINATION OF ALERT. (a) The director shall   terminate any activation of the alert with respect to a particular   missing adult not later than the earlier of the date on which:                (1)  the missing adult 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   adult who is the subject of an alert under this subchapter shall   notify the department as soon as possible that the missing adult has   been located.          SECTION 4.  Not later than December 1, 2017, the public   safety director of the Department of Public Safety of the State of   Texas shall adopt rules as necessary to implement Sections 411.383   and 411.386, Government Code, as amended by this Act, and   Subchapter P, Chapter 411, Government Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2017.