Bill Text: TX HB2639 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an alert for a missing senior citizen or person with Alzheimer's disease.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [HB2639 Detail]
Download: Texas-2017-HB2639-Comm_Sub.html
Bill Title: Relating to an alert for a missing senior citizen or person with Alzheimer's disease.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [HB2639 Detail]
Download: Texas-2017-HB2639-Comm_Sub.html
85R10512 LHC-F | ||
By: Pickett, Zerwas, Raymond, Wray, et al. | H.B. No. 2639 |
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relating to an alert for a missing senior citizen or person with | ||
Alzheimer's disease. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter M, Chapter 411, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS | ||
WITH ALZHEIMER'S DISEASE | ||
SECTION 2. Sections 411.381(1) and (2), Government Code, | ||
are amended to read as follows: | ||
(1) "Alert" means the statewide silver alert for | ||
missing senior citizens and persons with Alzheimer's disease, as | ||
developed and implemented under this subchapter. | ||
(2) "Local law enforcement agency" means a local law | ||
enforcement agency with jurisdiction over the investigation of a | ||
missing senior citizen or person with Alzheimer's disease. | ||
SECTION 3. Section 411.382, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.382. SILVER ALERT FOR MISSING SENIOR CITIZENS AND | ||
PERSONS WITH ALZHEIMER'S DISEASE. 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 silver alert to | ||
be activated on behalf of a missing senior citizen or person with | ||
Alzheimer's disease. | ||
SECTION 4. 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 person reported missing is a | ||
senior citizen with [ |
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[ |
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[ |
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person with Alzheimer's disease and whether the person's location | ||
is unknown; | ||
(2) a description of the circumstances under which a | ||
local law enforcement agency is required to report a missing senior | ||
citizen or person with Alzheimer's disease to the department; and | ||
(3) the procedures to be used by an individual or | ||
entity to report information about a missing senior citizen or | ||
person with Alzheimer's disease to designated media outlets in | ||
Texas. | ||
SECTION 5. Section 411.386, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.386. NOTIFICATION TO DEPARTMENT OF MISSING SENIOR | ||
CITIZEN OR PERSON WITH ALZHEIMER'S DISEASE. (a) A local law | ||
enforcement agency may notify the department if the agency: | ||
(1) receives notice of a missing senior citizen or | ||
person with Alzheimer's disease; | ||
(2) verifies that at the time the senior citizen or | ||
person with Alzheimer's disease is reported missing: | ||
(A) the person reported missing: | ||
(i) is 65 years of age or older and has an | ||
impaired mental condition; or | ||
(ii) is a person with Alzheimer's disease; | ||
and | ||
(B) the person's [ |
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unknown; and | ||
[ |
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(3) determines that the person's [ |
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disappearance poses a credible threat to the person's [ |
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(b) The local law enforcement agency shall: | ||
(1) require the family or legal guardian of the | ||
missing senior citizen or person with Alzheimer's disease to | ||
provide documentation of the person's age and [ |
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[ |
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[ |
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(2) as soon as practicable, determine whether the | ||
person's [ |
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to the person's [ |
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Subsection (a)(3). | ||
SECTION 6. Section 411.387(b), Government Code, is amended | ||
to read as follows: | ||
(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[ |
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stations[ |
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alert at designated intervals to assist in locating the missing | ||
senior citizen or person with Alzheimer's disease. | ||
SECTION 7. Section 411.388, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.388. CONTENT OF SILVER ALERT. The alert must | ||
include: | ||
(1) all appropriate information that is provided by | ||
the local law enforcement agency and that may lead to the safe | ||
recovery of the missing senior citizen or person with Alzheimer's | ||
disease; and | ||
(2) a statement instructing any person with | ||
information related to the missing senior citizen or person with | ||
Alzheimer's disease to contact a local law enforcement agency. | ||
SECTION 8. Section 411.389, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.389. TERMINATION OF SILVER ALERT. (a) The | ||
director shall terminate any activation of the alert with respect | ||
to a particular missing senior citizen or person with Alzheimer's | ||
disease not later than the earlier of the date on which: | ||
(1) the missing person [ |
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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 | ||
senior citizen or person with Alzheimer's disease who is the | ||
subject of an alert under this subchapter shall notify the | ||
department as soon as possible that the missing person [ |
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SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |