reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.202. License a Benefit

Sec. 411.202.  LICENSE A BENEFIT.  The issuance of a license under this subchapter is a benefit to the license holder for purposes of those sections of the Penal Code to which the definition of "benefit" under Section 1.07, Penal Code, applies.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.203. Rights of Employers

Sec. 411.203.  RIGHTS OF EMPLOYERS.  This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.03, Penal Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 27, eff. January 1, 2016.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.2032. Transportation and Storage of Firearms and Ammunition by License Holders in Private Vehicles on Certain Campuses

Sec. 411.2032.  TRANSPORTATION AND STORAGE OF FIREARMS AND AMMUNITION BY LICENSE HOLDERS IN PRIVATE VEHICLES ON CERTAIN CAMPUSES.  (a)  For purposes of this section:
(1)  "Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education.
(2)  "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(b)  An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06 or 30.07, Penal Code, prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person, including a student enrolled at that institution, who holds a license to carry a handgun under this subchapter and lawfully possesses the firearm or ammunition:
(1)  on a street or driveway located on the campus of the institution; or
(2)  in a parking lot, parking garage, or other parking area located on the campus of the institution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1248 (S.B. 1907), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 28, eff. January 1, 2016.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.204. Notice Required on Certain Premises

Sec. 411.204.  NOTICE REQUIRED ON CERTAIN PREMISES.  (a)  A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
(b)  A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".
(c)  The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises.  The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height.  The sign shall be displayed in a conspicuous manner clearly visible to the public.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(6), eff. September 1, 2021.
(e)  This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.16(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 523, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(6), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.205. Requirement to Display License

Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE.  If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display:
(1)  both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license; and
(2)  if the license holder's handgun license bears a protective order designation, a copy of the applicable court order under which the license holder is protected.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 203 (H.B. 918), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.206. Seizure of Handgun and License

Sec. 411.206.  SEIZURE OF HANDGUN AND LICENSE.  (a)  If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.
(b)  The provisions of Article 18.19, Code of Criminal Procedure, relating to the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(7), eff. September 1, 2021.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(7), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter H. License to Carry a Handgun › Section 411.207. Authority of Peace Officer to Disarm

Sec. 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM.  (a)  A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
(b)  A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun.  The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
(c)  A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility.  The sign must appear in contrasting colors with block letters at least one inch in height.  The sign shall be displayed in a clearly visible and conspicuous manner.
(d)  In this section:
(1)  "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency.  The term does not include:
(A)  any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B)  any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
(2)  "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. Internal Oversight › Section 411.241. Office of Audit and Review

Sec. 411.241.  OFFICE OF AUDIT AND REVIEW.  The commission shall establish the office of audit and review.  The office shall coordinate activities designed to promote effectiveness in departmental operations and to keep the commission and the legislature fully informed about deficiencies within the department.  The office shall:
(1)  inspect and audit departmental programs and operations for efficiency, uniformity, and compliance with established procedures and develop recommendations for improvement;
(2)  coordinate and be responsible for promoting accountability, integrity, and efficiency in the department;  and
(3)  provide the commission with information relevant to its oversight of the department.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. Internal Oversight › Section 411.242. Director of Audit and Review

Sec. 411.242.  DIRECTOR OF AUDIT AND REVIEW.  (a)  The commission shall appoint the director of the office of audit and review.  The director of audit and review serves until removed by the commission.
(b)  The director of audit and review must satisfy the requirements to be the agency's internal auditor under Section 2102.006(b) and is considered to be the agency's internal auditor for purposes of Chapter 2102.
(c)  The department shall provide the director of audit and review with access to any records, data, or other information necessary to fulfill the purposes of this section and Section 411.243.
(d)  The director of audit and review shall, with the advice and consent of the commission, determine which audits and inspections to perform and may publish the findings and recommendations of the office of audit and review.
(e)  The director of audit and review shall:
(1)  report to the commission regarding audits and inspections planned and the status and findings of those audits and inspections;  and
(2)  report to the director for administrative purposes and keep the director informed of the office's findings.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. Internal Oversight › Section 411.243. Powers and Duties

Sec. 411.243.  POWERS AND DUTIES.  (a)  The office of audit and review shall:
(1)  independently and objectively inspect all divisions of the department to:
(A)  ensure that operations are conducted efficiently, uniformly, and in compliance with established procedures;  and
(B)  make recommendations for improvements in operational performance;
(2)  independently and objectively audit all divisions of the department to:
(A)  promote economy, effectiveness, and efficiency within the department;
(B)  prevent and detect fraud, waste, and abuse in department programs and operations;  and
(C)  make recommendations about the adequacy and effectiveness of the department's system of internal control policies and procedures;
(3)  advise in the development and evaluation of the department's performance measures;
(4)  review actions taken by the department to improve program performance and make recommendations for improvement;
(5)  review and make recommendations to the commission and the legislature regarding rules, laws, and guidelines relating to department programs and operations;
(6)  keep the commission, director, and legislature fully informed of problems in department programs and operations;  and
(7)  ensure effective coordination and cooperation among the state auditor's office, legislative oversight committees, and other governmental bodies while attempting to avoid duplication.
(b)  Chapter 2102 applies to the office of audit and review.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.251. Establishment and Purpose

Sec. 411.251.  ESTABLISHMENT AND PURPOSE.  (a)  The commission shall establish the office of inspector general.
(b)  The office of inspector general is responsible for:
(1)  acting to prevent and detect serious breaches of departmental policy, fraud, and abuse of office, including any acts of criminal conduct within the department; and
(2)  independently and objectively reviewing, investigating, delegating, and overseeing the investigation of:
(A)  conduct described in Subdivision (1);
(B)   criminal activity occurring in all divisions of the department;
(C)  allegations of wrongdoing by department employees;
(D)  crimes committed on department property; and
(E)  serious breaches of department policy.
Transferred, redesignated and amended from Government Code, Section 411.244 by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.252. Oversight of Investigations

Sec. 411.252.  OVERSIGHT OF INVESTIGATIONS.  (a)  The office of inspector general has departmental jurisdiction for oversight and coordination over all investigations occurring on department property or involving department employees.
(b)  The office shall coordinate and provide oversight, but is not required to conduct all investigations under this subchapter.
(c)  The inspector general shall delegate any investigation considered potentially appropriate for criminal prosecution  to the Texas Ranger division or the criminal investigations division of the department for investigation or referral back to the inspector general for further action.
(d)  The inspector general shall continually monitor an investigation referred to another division of the department under Subsection (c), and the inspector general and the division shall report to the commission on the status of the investigation while pending.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.253. Initiation of Investigations

Sec. 411.253.  INITIATION OF INVESTIGATIONS.  The office of inspector general may only initiate an investigation based on:
(1)  authorization from the commission;
(2)  approval of the inspector general or deputy inspector general;
(3)  approval of the director, a deputy director, an assistant director of the Texas Rangers, or an assistant director of the criminal investigations division for criminal investigations; or
(4)  commission rules or approved commission policies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.254. Commission Appointment and Oversight

Sec. 411.254.  COMMISSION APPOINTMENT AND OVERSIGHT.  (a)  The commission shall appoint the inspector general and may appoint a deputy inspector general.  The inspector general serves until removed by the commission.
Text of subsection effective until January 01, 2025
(b)  The inspector general is not required to be a peace officer as that term is defined by Article 2.12, Code of Criminal Procedure. The commission or director may commission the inspector general as a commissioned peace officer of the department if the inspector general holds a permanent peace officer license issued under Chapter 1701, Occupations Code.
Text of subsection effective on January 01, 2025
(b)  The inspector general is not required to be a peace officer as defined by Article 2A.001, Code of Criminal Procedure.  The commission or director may commission the inspector general as a commissioned peace officer of the department if the inspector general holds a permanent peace officer license issued under Chapter 1701, Occupations Code.
(c)  The commission has direct oversight over the office of inspector general, including decisions regarding budget and staffing.  The inspector general shall coordinate with the director for administrative support as provided by the commission.
(d)   The commission shall establish policies to ensure that the commission continues to oversee the office of inspector general as required by this section and to ensure that the office of inspector general retains and exercises its original jurisdiction under Section 411.252.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.092, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.255. Reports

Sec. 411.255.  REPORTS.  (a)  The inspector general shall report directly to the commission regarding performance of and activities related to investigations and provide the director with information regarding investigations as appropriate.
(b)  The inspector general shall present at each regularly scheduled commission meeting and at other appropriate times:
(1)  reports of investigations; and
(2)  a summary of information relating to investigations conducted under this subchapter that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and recommendations to avoid future complaints.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter I. -1. Office of Inspector General › Section 411.256. Authority of State Auditor

Sec. 411.256.  AUTHORITY OF STATE AUDITOR.   This chapter or other law related to the operation of the department's office of inspector general does not preempt the authority of the state auditor to conduct an audit or investigation under Chapter 321 or other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1308 (H.B. 3099), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter J. Unsolved Crimes Investigation Program › Section 411.261. Definitions

Sec. 411.261.  DEFINITIONS.  In this subchapter:
(1)  "Attorney representing the state" means a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney.
(2)  "Unsolved crime" means a criminal offense:
(A)  that is an unsolved homicide or an unsolved felony that is one offense arising out of the same criminal episode as other unsolved felonies;  and
(B)  the investigation of which requires a level of expertise that is not readily available to local law enforcement agencies.
Added by Acts 2001, 77th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter J. Unsolved Crimes Investigation Program › Section 411.262. Unsolved Crimes Investigation Program

Sec. 411.262.  UNSOLVED CRIMES INVESTIGATION PROGRAM.  (a)  The unsolved crimes investigation program is an investigative program within the department.
(b)  The program is a function of the Texas Rangers and will be commanded by the chief of the Texas Rangers.
(c)  The director may employ commissioned peace officers and noncommissioned employees to perform duties required of the program.
(d)  To be eligible for employment under this section, a peace officer must be a sergeant or higher-ranked officer of the Texas Rangers and must have  two or more years of experience in the investigation of homicides or other major felonies.
(e)  To be eligible for employment under this section, a noncommissioned employee must meet the experience, training, and educational qualifications set by the director as requirements for investigating or assisting in the investigation of an unsolved crime.
Added by Acts 2001, 77th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 7.02, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter J. Unsolved Crimes Investigation Program › Section 411.263. Assistance on Request

Sec. 411.263.  ASSISTANCE ON REQUEST.  On the request of an attorney representing the state and with the approval of the director, employees of the unsolved crimes investigation program of the department may assist local law enforcement in the investigation of crime.
Added by Acts 2001, 77th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 7.03, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. Department of Public Safety Historical Museum and Research Center › Section 411.281. Definition

Sec. 411.281.  DEFINITION.  In this subchapter, "museum" means the nonprofit organization, known as the Department of Public Safety Historical Museum and Research Center, established by employees and former employees of the department for the purposes of creating and operating a museum and research facility to:
(1)  inform the public about the personnel and history of the department;  and
(2)  educate young people about law enforcement procedures through an interactive facility.
Added by Acts 2001, 77th Leg., ch. 463, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.301 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(59), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. Department of Public Safety Historical Museum and Research Center › Section 411.282. General Provisions

Sec. 411.282.  GENERAL PROVISIONS.  The commission may:
(1)  establish a support staff in the department to assist the museum;
(2)  use department property to fulfill the purposes of this subchapter;  and
(3)  enter into a contract with the museum.
Added by Acts 2001, 77th Leg., ch. 463, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.302 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(59), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. Department of Public Safety Historical Museum and Research Center › Section 411.283. Personnel

Sec. 411.283.  PERSONNEL.  (a)  The director may appoint and assign duties to department personnel to serve as paid support staff for the museum.
(b)  The support staff may consist of a historian, a librarian, and other personnel as needed to administer the museum.
(c)  The department may spend funds to hire support staff.
Added by Acts 2001, 77th Leg., ch. 463, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.303 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(59), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. Department of Public Safety Historical Museum and Research Center › Section 411.284. Funding

Sec. 411.284.  FUNDING.  (a)  The Department of Public Safety Historical Museum and Research Center account is created as a special account outside the state treasury to be held at the Department of Public Safety Credit Union and to be administered by the commission.  The money in the account may be used only to administer this subchapter.
(b)  The account is composed of gifts, grants, and donations collected by the department from any public or private source for the purposes of this subchapter.
Added by Acts 2001, 77th Leg., ch. 463, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.304 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(59), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.301. Power Outage Alert

Sec. 411.301.  POWER OUTAGE ALERT.  (a)  With the cooperation of the Texas Department of Transportation, the Texas Division of Emergency Management, the office of the governor, and the Public Utility Commission of Texas, the department shall develop and implement an alert to be activated when the power supply in this state may be inadequate to meet demand.
(b)  The Public Utility Commission of Texas by rule shall adopt criteria for the content, activation, and termination of the alert described by Subsection (a).  The criteria must provide for an alert to be regional or statewide.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.302. Administration

Sec. 411.302.  ADMINISTRATION.  (a)  The director is the statewide coordinator of the power outage alert.
(b)  The director shall adopt rules and issue directives as necessary to ensure proper implementation of the power outage alert.  The rules and directives must include the procedures to be used by the Public Utility Commission of Texas and the independent organization certified under Section 39.151, Utilities Code, to communicate with the director about the power outage alert.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.303. Department to Recruit Participants

Sec. 411.303.  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 power outage alert system.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.304. State Agencies

Sec. 411.304.  STATE AGENCIES.  (a)  A state agency participating in the power outage 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 power outage 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.305. Activation of Power Outage Alert

Sec. 411.305.  ACTIVATION OF POWER OUTAGE ALERT.  (a)  When the Public Utility Commission of Texas or an independent organization certified under Section 39.151, Utilities Code, notifies the department that the criteria adopted under Section 411.301(b) for the activation of the alert has been met, the department shall confirm the accuracy of the information and, if confirmed, immediately issue a power outage alert under this subchapter in accordance with department rules.
(b)  In issuing the power outage 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.306. Content of Power Outage Alert

Sec. 411.306.  CONTENT OF POWER OUTAGE ALERT.  The power outage alert must include a statement that electricity customers may experience a power outage.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.307. Termination of Power Outage Alert

Sec. 411.307.  TERMINATION OF POWER OUTAGE ALERT.  The director shall terminate any activation of the power outage alert as soon as practicable after the Public Utility Commission of Texas or the Electric Reliability Council of Texas notifies the department that the criteria adopted under Section 411.301(b) for the termination of the alert has been met.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter K. -1. Power Outage Alert › Section 411.308. Limitation on Participation by Texas Department of Transportation

Sec. 411.308.  LIMITATION ON PARTICIPATION BY TEXAS DEPARTMENT OF TRANSPORTATION.  Notwithstanding Section 411.304(b), the Texas Department of Transportation is not required to use any existing system of dynamic message signs in a statewide alert system created under this subchapter if that department receives notice from the United States Department of Transportation Federal Highway Administration that the use of the signs would result in the loss of federal highway funding or other punitive actions taken against this state due to noncompliance with federal laws, regulations, or policies.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.351. Definitions

Sec. 411.351.  DEFINITIONS.  In this subchapter:
(1)  "Abducted child" means a child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency.
(2)  "Alert system" means the statewide America's Missing:  Broadcast Emergency Response (AMBER) alert system for abducted children and missing persons with intellectual disabilities.
(2-a) "Intellectual disability" means significantly subaverage general intellectual functioning that is concurrent with deficits in adaptive behavior and originates during the developmental period.  The term includes a pervasive developmental disorder.
(3)  "Local law enforcement agency" means a local law enforcement agency with jurisdiction over the investigation of:
(A)  the abduction of a child; or
(B)  a missing person with an intellectual disability.
(3-a)  "Pervasive developmental disorder" means a disorder that meets the criteria for a pervasive developmental disorder established in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(4)  "Serious bodily injury" has the meaning assigned by Section 1.07, Penal Code.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.352. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities

Sec. 411.352.  STATEWIDE AMERICA'S MISSING:  BROADCAST EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND MISSING PERSONS WITH INTELLECTUAL DISABILITIES.  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 system to be activated on behalf of an abducted child or a missing person with an intellectual disability.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.353. Administration

Sec. 411.353.  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 use by local law enforcement agencies in requesting activation of the alert system.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.354. Department to Recruit Participants

Sec. 411.354.  DEPARTMENT TO RECRUIT PARTICIPANTS.  (a)  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.
(b)  The department may enter into agreements with participants in the alert system to provide necessary support for the alert system.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.355. Activation

Sec. 411.355.  ACTIVATION.  (a)  On the request of a local law enforcement agency regarding an abducted child, the department shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1)  the local law enforcement agency believes that a child has been abducted, including a child who:
(A)  is younger than 14 years of age; and
(B)  regardless of whether the child departed willingly with the other person, has been taken from the care and custody of the child's parent or legal guardian without the permission of the parent or legal guardian by another person who is:
(i)  more than three years older than the child; and
(ii)  not related to the child by any degree of consanguinity or affinity as defined under Subchapter B, Chapter 573, Government Code;
(2)  the local law enforcement agency believes that the abducted child is in immediate danger of serious bodily injury or death or of becoming the victim of a sexual assault;
(3)  the local law enforcement agency confirms that a preliminary investigation has taken place that verifies the abduction and eliminates alternative explanations for the child's disappearance; and
(4)  sufficient information is available to disseminate to the public that could assist in locating the child, a person suspected of abducting the child, or a vehicle suspected of being used in the abduction.
(b)  On the request of a local law enforcement agency regarding a missing person with an intellectual disability, the department shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1)  the local law enforcement agency receives notice of a missing person with an intellectual disability;
(2)  the local law enforcement agency verifies that at the time the person is reported missing:
(A)  the person has an intellectual disability, as determined according to the procedure provided by Section 593.005, Health and Safety Code; and
(B)  the person's location is unknown;
(3)  the local law enforcement agency determines that the person's disappearance poses a credible threat to the person's health and safety; and
(4)  sufficient information is available to disseminate to the public that could assist in locating the person.
(c)  The department may modify the criteria described by Subsection (a) or (b) as necessary for the proper implementation of the alert system.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1404 (H.B. 3385), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.3555. Local Area Activation for Certain Missing Children

Sec. 411.3555.  LOCAL AREA ACTIVATION FOR CERTAIN MISSING CHILDREN.  On the request of a local law enforcement agency that knows a child is missing but has not verified the criteria described by Section 411.355(a), and if the chief law enforcement officer of the local law enforcement agency believes that activation of the alert system is warranted, the department shall:
(1)  activate the alert system only in the following areas:
(A)  within a 100-mile radius of the location from which the child is believed to have gone missing or the location in which the child was last seen, as applicable; and
(B)  in all counties adjacent to the county from which the child is believed to have gone missing or the county in which the child was last seen, as applicable; and
(2)  notify appropriate participants in the alert system, as established by rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 863 (H.B. 3556), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.356. Local Law Enforcement Agencies

Sec. 411.356.  LOCAL LAW ENFORCEMENT AGENCIES.  Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by Section 411.355(a) or (b) or 411.3555, as applicable, have been satisfied.  On verification of the applicable criteria, the local law enforcement agency shall immediately contact the department to request activation and shall supply the necessary information on the forms prescribed by the director.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 5, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 863 (H.B. 3556), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.357. State Agencies

Sec. 411.357.  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.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.358. Termination

Sec. 411.358.  TERMINATION.  The director shall terminate any activation of the alert system with respect to a particular abducted child or a particular missing person with an intellectual disability if:
(1)  the abducted child or missing person is recovered or the situation is otherwise resolved; or
(2)  the director determines that the alert system is no longer an effective tool for locating and recovering the abducted child or missing person.
Added by Acts 2003, 78th Leg., ch. 789, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System for Abducted Children and Missing Persons With Intellectual Disabilities › Section 411.359. System Name

Sec. 411.359.  SYSTEM NAME.  The director by rule may assign a name other than America's Missing: Broadcast Emergency Response (AMBER) to the alert system when the system is activated regarding a missing person with an intellectual disability.
Added by Acts 2011, 82nd Leg., R.S., Ch. 737 (H.B. 1075), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter L. -1. Texas Active Shooter Alert System › Section 411.371. Definition

Sec. 411.371.  DEFINITION.  In this subchapter, "alert system" means the Texas Active Shooter Alert System established under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 125 (H.B. 103), Sec. 2, eff. September 1, 2021.