(a) The Silver Alert Network ("network") was developed as a statewide emergency response system for certain missing senior citizens and individuals diagnosed with Alzheimer's disease. The network is designed to be activated when a missing senior citizen, 65 years of age or older with a diagnosed impaired mental condition or when any person diagnosed with Alzheimer's disease poses a credible threat to his or her health and safety.
(b) A diagnosed impaired mental condition means a mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom. In addition, this individual's current condition presents a significant level of impairment to pose a credible threat to the individual's health and safety. The condition, e.g., Alzheimer's disease or dementia, shall be documented by a medical or mental health professional.
(c) 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.
(d) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Silver Alert Network.

Source Note: The provisions of this §9.31 adopted to be effective October 28, 2007, 32 TexReg 7490; amended to be effective February 20, 2018, 43 TexReg 892