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.