Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 9.
PUBLIC SAFETY COMMUNICATIONS
Subchapter C. AMBER ALERT NETWORK FOR ABDUCTED CHILDREN
37 TAC §§9.21 - 9.24
The Texas Department of Public Safety (DPS) proposes new
Subchapter C, §§9.21 - 9.24, relating to the Amber Alert Network
for Abducted Children. The new sections are necessary to promulgate the policies
and procedures of DPS governing the statewide coordination of the Amber Alert
Network activation and deactivation in order to maintain a high level of effectiveness.
In the new subchapter, §9.21 details the need for statewide coordination
of the Amber Alert Network in order to maintain a high level of effectiveness; §9.22
describes local law enforcement responsibility; §9.23 describes the department's
responsibility; and §9.24 describes the activation and deactivation.
The new sections are necessary to fully implement Tex. S.B. 57, Acts 2003,
78th Leg., R.S., ch.789, §1.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first-five year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure the high level of effectiveness of
the statewide emergency response system for abducted children. There is no
anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mike Gougler, Special Crimes
Service, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0420,
(512) 424-5028.
The new sections are adopted pursuant to Texas Government Code, §411.353(b),
which requires the director to adopt rules and issue directives as necessary
to ensure proper implementation of the alert system with the rules and directive
to include instructions on the procedures for activating and deactivating
the alert system; and Texas Government Code, §411.353(c), which requires
the director to prescribe forms for use by local law enforcement agencies
in requesting activation of the alert system.
Texas Government Code, §411.353 is affected by this proposal.
§9.21.Statewide Coordination of Amber Alert Network.
The Amber Alert Network was developed as a statewide emergency response
system for abducted children. The network is designed to be activated in instances
involving true child abductions. Activation of the network outside the established
criteria will ultimately cause the public to disregard the notifications and
the system will lose effectiveness. In order to maintain a high level of effectiveness,
the department and local law enforcement must ensure that the circumstances
justifying activation are accurately evaluated in order to implement the network
in a responsible manner. Amber Alert activations must be limited to those
instances where the statutory criteria for activation are clearly established
by the specific facts of the case.
§9.22.Local Law Enforcement Responsibility.
A local law enforcement agency with jurisdiction over the investigation
of an abducted child may submit a request for activation of the Amber Alert
Network. The request must be submitted on DPS Form DEM-35. A local law enforcement
agency may submit the form after it has verified that all statutory criteria
for activation are clearly established by the specific facts of the case.
Figure: 37 TAC §9.22 (.pdf)
§9.23.Department Responsibility.
The department shall review a request for activation to confirm that
the request meets the statutory criteria for activation. The department will
not activate the network until the local law enforcement agency has clearly
established that all statutory criteria for activation are satisfied.
§9.24.Activation and Deactivation.
Amber Alert Network activations and deactivations will be made according
to the procedures specified in the current Statewide Texas Amber Alert Network
Plan.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 6, 2005.
TRD-200501809
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 424-2135