Clear Alert Texas: How It Works and When It’s Used by Law Enforcement
Explore how Texas Clear Alerts function within law enforcement, balancing public safety, legal standards, and individual privacy rights.
Texas employs several alert systems to quickly inform the public about emergencies, including the CLEAR Alert. This system aids law enforcement in locating missing adults aged 18 to 64 who are believed to be in danger but do not meet the criteria for an AMBER Alert (for children) or a Silver Alert (primarily for seniors with cognitive issues). Although established in 2019, the specific function and use of the CLEAR Alert remain unfamiliar to many residents.1KSAT News. DPS Unveils New Alert System to Help Find Missing Adults (2019) Understanding its purpose helps the public respond effectively when an alert is issued.
Legal Authority for Clear Alerts
The Coordinated Law Enforcement Adult Rescue (CLEAR) Alert system was established by state law in 2019. House Bill 1769 amended the Texas Government Code, adding a new subchapter (now Chapter 411, Subchapter Q) dedicated to this alert. Signed into law in May 2019, it became effective on September 1, 2019. Subsequent legislation in 2021 formally incorporated the “CLEAR” acronym into the law.2Texas Legislature Online. HB 2677 (87R) – Enrolled Version
This legislation grants the Texas Department of Public Safety (DPS) the authority to create and manage the statewide program. Its purpose, outlined in the Texas Government Code starting with Section 411.461, is to help law enforcement find and rescue missing adults (ages 18-64) believed to be in imminent danger or whose disappearance seems involuntary, such as an abduction. The law filled a gap, providing a specific tool for endangered adults who did not qualify for other existing alert systems.
Activation Requirements and Procedures
Specific criteria must be met before a CLEAR Alert is activated, ensuring the system targets adults facing significant, immediate risk.3Texas Department of Public Safety. CLEAR Alert The missing person must be between 18 and 64 years old, and their location must be unknown.
A local law enforcement agency must conduct a preliminary investigation confirming the disappearance meets state guidelines, as detailed in Texas Government Code Section 411.463.4Texas Legislature Online. Government Code Chapter 411: Department of Public Safety This investigation must verify that the adult faces “imminent danger of bodily injury or death” or that the disappearance was “involuntary,” like a confirmed kidnapping. This step ensures alerts are reserved for urgent situations where public help could be crucial.
The request for an alert should generally occur within 72 hours of the person’s disappearance to maximize effectiveness. Sufficient descriptive information about the missing person, a potential suspect, or an involved vehicle is also necessary for public dissemination. Without adequate details, an alert is unlikely to be helpful and will not be issued.
If a local agency believes the criteria are met, it submits a standardized request form to the DPS, detailing the case specifics.5Texas Department of Public Safety. CLEAR Alert Request Form (MP-29) The agency confirms receipt with DPS, often via the Texas Fusion Center. DPS reviews the request against the established criteria and, according to the Texas Administrative Code, holds the final authority on activating the statewide CLEAR Alert Network.6Texas Department of Public Safety. Request Alert Activation Approved alerts typically remain active for 24 hours, with possible extensions.
Responsibilities of Law Enforcement
When an adult aged 18 to 64 goes missing under circumstances suggesting danger or abduction, Texas law enforcement agencies have defined responsibilities. The local agency with jurisdiction initiates the process by conducting a preliminary investigation to confirm the situation meets the CLEAR Alert requirements outlined in state administrative code (Title 37, Part 1, Chapter 9).
If the criteria appear satisfied, the local agency gathers necessary descriptive details about the person, potential suspects, or vehicles. They then formally request activation by submitting the standardized form and any available photos to the DPS, typically via email to the Texas Fusion Center.
The Texas Department of Public Safety then reviews the activation request. DPS personnel, often at the Texas Fusion Center, verify that all statutory criteria from Texas Government Code Section 411.463 are met. DPS makes the final decision on activation and may contact the requesting agency for clarification.
Upon approval, DPS disseminates the alert through state networks, including law enforcement systems, media partners, and highway message signs managed by the Texas Department of Transportation (TxDOT). The originating local agency continues the investigation and must promptly inform DPS of significant developments, such as the person being located. If needed, the local agency must request an extension from DPS before the initial 24-hour alert period expires.
Penalties for Unlawful Use
While the specific CLEAR Alert statute does not list penalties for misuse, other Texas laws address providing false information to authorities. Intentionally deceiving law enforcement to trigger an alert can lead to criminal charges.
Texas Penal Code Section 37.08 prohibits knowingly making a false statement material to a criminal investigation to law enforcement.7Justia Law. Texas Penal Code Section 37.08: False Report to Peace Officer… Providing fabricated details to meet CLEAR Alert criteria—such as falsely claiming imminent danger or abduction—would likely violate this statute. A violation is typically a Class B misdemeanor, punishable by up to 180 days in jail, a fine up to $2,000, or both.
Texas Penal Code Section 42.06 broadly addresses false alarms or reports.8FindLaw. Texas Penal Code Section 42.06: False Alarm or Report Knowingly initiating or circulating a false report of an emergency that would normally cause official action is an offense. This is usually a Class A misdemeanor, carrying penalties of up to one year in jail and a fine up to $4,000. In some circumstances involving public services, it could be elevated to a state jail felony, with potential prison time of 180 days to two years and a fine up to $10,000. Depending on the specifics, this law could also apply to falsely triggering a CLEAR Alert. Convictions can also result in a criminal record and potential court orders for restitution.
Privacy Rights of Named Individuals
Activating a CLEAR Alert involves disseminating personal information about the missing person and potentially a suspect to the public to aid the search. This necessary disclosure raises privacy considerations. The Texas Government Code authorizing the system permits the release of information deemed essential by DPS for the public safety goal of locating an endangered adult. This usually includes the missing person’s name, description, last known location, and relevant details about the disappearance or any suspect.
The legal basis for the alert prioritizes the immediate risk to the individual’s safety over general privacy expectations during the emergency. While laws like the Texas Public Information Act (Texas Government Code, Chapter 552) generally protect personal information, the specific statutes for emergency alerts allow releasing necessary identifying details. Law enforcement and DPS select information considered helpful for public assistance, balancing public safety needs with individual privacy.
Once an alert concludes—either the person is found or the alert expires (usually after 24 hours)—the active, official dissemination of personal information stops. DPS deactivates the alert, removing messages from state-controlled systems like TxDOT highway signs. While media outlets or social media users might have shared the information, official channels cease broadcasting the details. News organizations may choose independently to update or remove identifying information from their reports afterward, but this is not mandated by the CLEAR Alert law itself. Law enforcement records related to the case remain subject to standard public information and record retention laws.
