The CLEAR Alert system in Texas helps find adults reported missing under suspicious circumstances who don’t qualify for AMBER or Silver Alerts. It enables law enforcement and the public to act when an adult’s safety is at risk. Legal rules and operational steps determine when and how these alerts are issued.
Legal Criteria for Issuing a CLEAR Alert
A Coordinated Law Enforcement Adult Rescue (CLEAR) Alert in Texas is activated if a local law enforcement agency receives a report of a missing adult (18 or older) who disappeared in the state.
The agency must find the adult is in imminent danger of bodily injury or death, or their disappearance was involuntary. This includes abductions not meeting AMBER Alert criteria.
The CLEAR Alert request should generally be made within 72 hours of the adult’s last contact.1Justia US Law. Texas Government Code Section 411.467 (2023): Activation of Alert Enough information must be available to help the public locate the person, a suspect, or their vehicle. These criteria are from Texas Government Code Chapter 411.2Texas Legislature Online. Government Code Chapter 411: Department of Public Safety of the State of Texas
Agency Responsibilities
When a local law enforcement agency determines CLEAR Alert criteria are met, it conducts an initial investigation, verifying disappearance details and the adult’s potential danger.
If warranted, the local agency requests activation from the Texas Department of Public Safety (DPS).3Texas Department of Public Safety. Request Alert Activation The DPS reviews the information against legal standards and can approve or deny the statewide alert.
Once approved, DPS disseminates the alert. Local law enforcement agencies lead the investigation, pursue leads, coordinate searches, and update DPS for alert modifications or cancellations.
Public Notification Requirements
Approved CLEAR Alerts are primarily broadcast through the Texas Emergency Alert System (EAS) on radio and television stations in the designated area.4Texas Department of Public Safety. Statewide Alert Programs
Information also appears on Texas Department of Transportation dynamic message signs (DMS) on highways.5Texas Department of Transportation. TxDOT Sign Guidelines and Applications Manual: Special Sign Applications Alerts include:
- The missing adult’s description
- Last known location
- Vehicle information
- Suspect details, if available
6Justia US Law. Texas Government Code Section 411.468 (2022): Content of Alert
DPS determines if the notification is regional or statewide, based on case specifics and potential travel distances.7Texas Department of Public Safety. New CLEAR Alert System Assists Law Enforcement in Locating Endangered, Missing Adults
Penalties for Improper Use
Texas law penalizes misuse of the CLEAR Alert system, mainly for false reports to law enforcement.
Making a false report that could wrongly activate a CLEAR Alert or misdirect an investigation is a criminal offense under Texas Penal Code Section 37.08, which concerns false reports to law enforcement. This applies if someone knowingly makes a false statement to law enforcement with intent to deceive during a criminal investigation.
This offense is a Class B misdemeanor, with penalties including a fine up to $2,000, up to 180 days in jail, or both.8Texas Public Law. Texas Penal Code Section 37.08: False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer False reports for CLEAR Alerts divert resources, cause public alarm, and can reduce attention to future alerts.