87R557 JG-D     By: Smith H.B. No. 377       A BILL TO BE ENTITLED   AN ACT   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 [WITH INTELLECTUAL DISABILITIES]          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 [with   intellectual disabilities].                (3)  "Local law enforcement agency" means a local law   enforcement agency with jurisdiction over the investigation of:                      (A)  the abduction of a child; [or]                      (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 [WITH INTELLECTUAL DISABILITIES].   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, [or] a missing person with an intellectual disability, or a   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, [or a particular] missing person with an   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.