Garcia Bill Creates Statewide Alert For Missing Military Members

The text as introduced · 990 words

90R5959 SZA-D

By: Garcia of Bexar
H.B. No. 1119

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a statewide alert system for missing

military members.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 411, Government Code, is amended by

adding Subchapter P-1 to read as follows:

SUBCHAPTER P-1. CAMO ALERT FOR MISSING MILITARY MEMBERS

Sec. 411.4501. DEFINITIONS. In this subchapter:

(1) "Alert" means the statewide camo alert for missing

military members that is developed and implemented under this

subchapter.

(2) "Law enforcement agency" means a law enforcement

agency with jurisdiction over the investigation of a missing

military member.

(3) "Military member" means a person who is a current

or former member of the United States armed forces, including the

National Guard or a reserve or auxiliary unit of any branch of the

armed forces.

Sec. 411.4502. CAMO ALERT FOR MISSING MILITARY MEMBERS.

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 camo alert to be activated on behalf of a missing

military member who suffers from a mental illness, including

post-traumatic stress disorder, or a traumatic brain injury.

Sec. 411.4503. 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 law enforcement

agency to verify whether a military member:

(A) is missing; and

(B) suffers from a mental illness, including

post-traumatic stress disorder, or a traumatic brain injury;

(2) a description of the circumstances under which a

law enforcement agency is required to report a missing military

member to the department;

(3) the procedures to be used by an individual or

entity to report information about a missing military member to

designated media outlets in this state;

(4) guidelines for protecting the privacy of a missing

military member for whom an alert has been issued; and

(5) the procedures to be used by a military member to

opt out of any activation of the alert system with respect to the

member.

(c) The director shall prescribe forms for use by law

enforcement agencies in requesting activation of the alert system.

Sec. 411.4504. 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. 411.4505. 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. 411.4506. NOTIFICATION TO DEPARTMENT OF MISSING

MILITARY MEMBER. (a) A law enforcement agency shall notify the

department if the agency:

(1) receives a report regarding a missing military

member;

(2) verifies that at the time the military member is

reported missing:

(A) the person reported missing is a military

member;

(B) the military member's location is unknown;

(C) the military member's domicile is in this

state; and

(D) the military member suffers from a mental

illness, including post-traumatic stress disorder, or a traumatic

brain injury; and

(3) determines that the military member's

disappearance poses a credible threat to the military member's

health and safety or the health and safety of another.

(b) A law enforcement agency shall verify the information

required by Subsection (a)(2) and make the determination required

by Subsection (a)(3) as soon as practicable after the agency

receives a report regarding a missing military member.

(c) In verifying that the military member suffers from a

mental illness, including post-traumatic stress disorder, or a

traumatic brain injury as required by Subsection (a)(2)(D), the law

enforcement agency shall require the family or legal guardian of

the military member to provide documentation of the illness or

injury.

Sec. 411.4507. ACTIVATION OF CAMO ALERT. (a) When a law

enforcement agency notifies the department under Section 411.4506,

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 this state. 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 military

member.

Sec. 411.4508. CONTENT OF CAMO ALERT. The alert must

include:

(1) all appropriate information that is provided by

the law enforcement agency under Section 411.4506 and that may lead

to the safe recovery of the missing military member; and

(2) a statement instructing any person with

information related to the missing military member to contact a law

enforcement agency.

Sec. 411.4509. TERMINATION OF CAMO ALERT. (a) The

director shall terminate any activation of the alert with respect

to a particular missing military member not later than the earlier

of the date on which:

(1) the missing military member is located or the

situation is otherwise resolved; or

(2) the notification period ends, as determined by

department rule.

(b) A law enforcement agency that locates a missing military

member who is the subject of an alert under this subchapter shall

notify the department as soon as possible that the missing military

member has been located.

Sec. 411.4510. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2031.

SECTION 2. This Act takes effect September 1, 2027.