85R8247 LHC-D     By: Rose H.B. No. 3619       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a countywide alert system for missing   adults.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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.                (2)  "Alert" means the countywide 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.                (4)  "Serious bodily injury" has the meaning assigned   by Section 1.07, Penal Code.          Sec. 411.442.  ALERT FOR MISSING ADULTS. With the   cooperation of the office of the governor and other appropriate law   enforcement agencies in this state, the department shall develop   and implement an alert to be activated in a county in which an adult   is missing.          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 imminent danger of serious bodily injury   or death;                (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   in a county.          Sec. 411.444.  DEPARTMENT TO RECRUIT PARTICIPANTS. The   department shall recruit local 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 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 applicable state officers, investigators, or   employees once the alert system has been activated.          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;                      (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 imminent danger of serious bodily injury or death; and                (4)  believes sufficient information is available to   disseminate to the public that could assist in locating the adult, a   person suspected of abducting the adult, or a vehicle suspected of   being used by the adult or in any abduction of 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 the county in which the adult   is missing.  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)  a state agency described by Section 411.445.          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 2.  This Act takes effect September 1, 2017.