Title GV, Government Code

Sec. 411.442. BLUE 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 a statewide blue alert system to be activated to a…

Sec. 411.443. 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: (1) the procedures to …

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 impleme…

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 e…

Sec. 411.446. NOTIFICATION TO DEPARTMENT. (a) A law enforcement agency that receives notice of an individual who is suspected of killing or causing serious bodily injury to a law enforcement officer and who has not yet been apprehended shall: (1) confirm the accuracy of the infor…

Sec. 411.447. ACTIVATION OF BLUE ALERT SYSTEM. (a) When a 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 through the alert system in accordance with d…

Sec. 411.448. CONTENT OF ALERT. The alert must include: (1) all appropriate information that is provided by the law enforcement agency under Section 411.446 and that may lead to the apprehension of the missing suspect; and (2) a statement instructing any person with information r…

Sec. 411.449. TERMINATION OF ALERT SYSTEM. (a) The director shall terminate any activation of the alert system with respect to a particular missing suspect not later than the earlier of the date on which: (1) the missing suspect is apprehended; (2) the department receives evidenc…

Sec. 411.461. 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 Coordinated Law Enforcement Adult Rescue (CLEAR) alert for missing adults that is developed and implemented …

Sec. 411.462. COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) 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 impl…

Sec. 411.463. 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: (1) the procedures to …

Sec. 411.464. 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 impleme…

Sec. 411.465. 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 e…

Sec. 411.466. NOTIFICATION TO DEPARTMENT OF MISSING ADULT. (a) A local law enforcement agency shall notify the department if the agency: (1) receives a report regarding a missing adult; (2) verifies that at the time the adult is reported missing: (A) the person reported missing i…

Sec. 411.467. ACTIVATION OF ALERT. (a) When a local law enforcement agency notifies the department under Section 411.466, the department shall confirm the accuracy of the information and, if confirmed, immediately issue an alert under this subchapter in accordance with the depart…

Sec. 411.468. CONTENT OF ALERT. The alert must include: (1) all appropriate information that may lead to the safe recovery of the missing adult, as determined by the department; and (2) a statement instructing any person with information related to the missing adult to contact a …

Sec. 411.469. 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 notific…

Sec. 411.470. LIMITATION ON PARTICIPATION BY TEXAS DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.465(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 subchapte…

Sec. 411.501. DEFINITION. In this subchapter, "license" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by a person to engage in a particular activity, business, occupation, or profess…

Sec. 411.502. APPLICABILITY. This subchapter applies to a program, and persons regulated under the program, administered by the department under the following laws, including rules adopted under those laws: (1) Section 411.0625; (2) Chapter 487, Health and Safety Code; (3) Chapte…

Sec. 411.503. FINAL ENFORCEMENT AUTHORITY. (a) Except as provided by Section 411.506(b), the commission shall make the final determination in an administrative action against a person for a violation of a law or rule governing a program or person subject to this subchapter. (b) T…

Sec. 411.504. COMPLAINTS. (a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department regarding a violation of a law or rule governing a program or person subject to this subchapter. The department shall maintain information …

Sec. 411.505. INVESTIGATIONS. The department may conduct investigations as necessary to enforce a law or rule governing a program or person subject to this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019. Redesignated from G…

Sec. 411.506. INFORMAL COMPLAINT RESOLUTION AND INFORMAL PROCEEDINGS. (a) The commission by rule shall establish procedures for the informal resolution of complaints filed with the department related to a violation of a law or rule governing a program or person subject to this su…

Sec. 411.507. LICENSE DENIAL; ADMINISTRATIVE SANCTION. (a) This section applies to a person required to obtain a license under a program subject to this subchapter. (b) The commission may deny an application for, revoke, suspend, or refuse to renew a license or may reprimand a li…

Sec. 411.508. RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE PROCEDURE. (a) For each program subject to this subchapter, a person is entitled to notice and a hearing if the commission proposes to: (1) deny an application for, revoke, suspend, or refuse to renew a license; (2) reprim…

Sec. 411.509. CEASE AND DESIST ORDER. The department may issue a cease and desist order if the department determines that the action is necessary to prevent a violation of a law or rule governing a program or person subject to this subchapter. Added by Acts 2019, 86th Leg., R.S.,…

Sec. 411.510. INJUNCTIVE RELIEF. (a) On request of the department, the attorney general shall institute an action for injunctive relief to restrain a person in violation of or threatening to violate a law or rule governing a program or person subject to this subchapter. (b) An ac…

Sec. 411.511. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. (a) The commission by rule may adopt a system under which licenses expire on various dates during the year. (b) A license issued under a program governed by this subchapter may not expire later than the second anniversary…

Sec. 411.512. ANNUAL REGULATORY REPORT. (a) The department shall annually make available on the department's Internet website a report of regulatory statistics for the preceding state fiscal year for each program subject to this subchapter and aggregate information on all the pro…

Sec. 411.521. DEFINITION. In this subchapter, "license" has the meaning assigned by Section 411.501. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.

Sec. 411.522. APPLICABILITY. This subchapter applies to a program, and persons regulated under the program, to which Section 411.502 applies. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.

Sec. 411.523. IMPOSITION OF PENALTY. The commission may impose an administrative penalty against a person who violates: (1) a law establishing a program subject to this subchapter; or (2) a rule adopted or order issued by the commission under a law described by Subdivision (1). A…

Sec. 411.524. AMOUNT OF PENALTY. (a) If the relevant law establishing a program subject to this subchapter does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission in an amount not to exceed $5,00…

Sec. 411.525. IMPOSITION OF SANCTION. A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter …

Sec. 411.526. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating…

Sec. 411.527. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the respondent receives the notice, the respondent may: (1) accept the department's determination and recommended administrative penalty; or (2) make a written request for a hear…

Sec. 411.528. HEARING ON RECOMMENDATIONS. (a) If the respondent requests a hearing, the hearing shall be conducted by the department or the State Office of Administrative Hearings. (b) The State Office of Administrative Hearings shall consider the department's applicable substant…

Sec. 411.529. DECISION BY COMMISSION. (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that: (1) a violation occurred and impose an administrative penalty; or (2) a violation did not occur. (b) The department …

Sec. 411.530. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (1) pay the penalty; or (2) file a petition for judicial review contesting the order and: (A) forward the penalty to…

Sec. 411.531. COLLECTION OF PENALTY. If the person on whom the administrative penalty is imposed violates Section 411.530(a), the department or the attorney general may bring an action to collect the penalty. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, ef…

Sec. 411.532. REMITTANCE OF PENALTY AND INTEREST. (a) If, after judicial review, the administrative penalty is reduced or not imposed, the department shall: (1) remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty; or (2)…

Sec. 411.533. ADMINISTRATIVE PROCEDURE. (a) The commission by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty. (b) A proceeding under this subchapter to impose an administrative penalty is a contested case under C…

Sec. 411.551. DEFINITIONS. In this subchapter: (1) "Chief" means the chief of the division appointed under Section 411.552. (2) "Division" means the Homeland Security Division of the department established under this subchapter. (3) "Local government" means any municipality, coun…

Sec. 411.552. HOMELAND SECURITY DIVISION; CHIEF. (a) The Homeland Security Division is established in the department to lead multi-agency, multi-jurisdictional, and public-private efforts to enhance law enforcement initiatives and operations in support of homeland security object…

Sec. 411.553. DEPUTY CHIEFS AND OTHER EMPLOYEES; DELEGATION. (a) The chief may employ deputy chiefs and other employees as necessary to perform the duties or exercise the powers of the division or perform any duty or exercise any power of the department assigned to the division. …