87(R) HB 103 - Enrolled version - Bill Text

	H.B.  No.  103

	AN ACT
	relating to establishment of the Texas Active Shooter Alert System.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    This Act may be cited as the "Leilah Hernandez
	Act."
	SECTION  2.    Chapter 411, Government Code, is amended by
	adding Subchapter L-1 to read as follows:
	SUBCHAPTER L-1. TEXAS ACTIVE SHOOTER ALERT SYSTEM
	Sec.  411.371.    DEFINITION. In this subchapter, "alert
	system" means the Texas Active Shooter Alert System established
	under this subchapter.
	Sec.  411.372.    DEVELOPMENT AND IMPLEMENTATION OF ALERT
	SYSTEM. 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 an alert system to be activated on report of
	an active shooter.
	Sec.  411.373.    ADMINISTRATION. (a) The director is the
	statewide coordinator of the alert system.
	(b)    The director shall adopt rules and issue directives as
	necessary to ensure proper implementation of the alert system. The
	rules and directives must include instructions on the procedures
	for activating and deactivating the alert system.
	(c)    The director shall prescribe forms for local law
	enforcement agencies to use in requesting activation of the alert
	system.
	Sec.  411.374.    DEPARTMENT TO RECRUIT PARTICIPANTS. (a) The
	department shall recruit public and commercial television and radio
	broadcasters, mobile telephone service providers by use of the
	federal Wireless Emergency Alert system, private commercial
	entities, state or local governmental entities, the public, and
	other appropriate persons to assist in developing and implementing
	the alert system.
	(b)    The department may enter into agreements with
	participants in the alert system to provide necessary support for
	the alert system.
	Sec.  411.375.    ACTIVATION. (a) On the request of a local law
	enforcement agency or as the department determines appropriate to
	assist a local law enforcement agency regarding an active shooter,
	the department shall activate the alert system and notify
	appropriate participants in the alert system as established by rule
	if the local law enforcement agency or department:
	(1)    believes an active shooter is in the agency's
	jurisdiction;
	(2)    determines an active shooter alert would assist
	individuals near the active shooter's location;
	(3)    verifies the active shooter situation through a
	preliminary investigation; and
	(4)    provides the active shooter's last known location
	and any identifiable information for the active shooter.
	(b)    The department may modify the criteria described by
	Subsection (a) as necessary for the proper implementation of the
	alert system.
	Sec.  411.376.    LOCAL LAW ENFORCEMENT AGENCIES. Before
	requesting activation of the alert system, a local law enforcement
	agency must verify that the criteria described by Section
	411.375(a) have been satisfied. On verification of the applicable
	criteria, the local law enforcement agency may immediately contact
	the department to request activation and supply the necessary
	information on forms prescribed by the director.
	Sec.  411.377.    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, on activation of the alert system.
	(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
	within 50 miles of an active shooter for which an alert has been
	issued through an existing system of dynamic message signs located
	across the state.
	Sec.  411.378.    LIMITATION ON PARTICIPATION BY TEXAS
	DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.377(b),
	the Texas Department of Transportation is not required to use any
	existing system of