By: Ortiz, Jr., Alonzo H.B. No. 1556
A BILL TO BE ENTITLED
AN ACT
relating to local public health and public safety alerts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 418, Government Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS
Sec. 418.190. DEFINITIONS. In this subchapter:
(1) "Emergency management director" means a person
designated to serve as emergency management director under Section
418.1015.
(2) "Health authority" has the meaning assigned by
Section 81.003, Health and Safety Code.
Sec. 418.191. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS.
With the cooperation of the Texas Department of Transportation and
emergency management directors, the division shall develop and
implement a system for municipalities and counties to issue local
public health and public safety alerts through an existing system
of dynamic message signs. The local public health and public safety
alerts may include public service messages provided to motorists:
(1) during a severe weather advisory;
(2) during an evacuation that has been ordered; or
(3) following a declaration of a state of disaster
issued under this chapter.
Sec. 418.192. ADMINISTRATION. (a) The division shall
coordinate the local public health and public safety alert system.
(b) The division shall adopt standards as necessary to
ensure proper implementation of the alert system. The standards
must address:
(1) the procedures to be used by a health authority to
verify a threat to public health within the health authority's
jurisdiction;
(2) the procedures to be used by a local law
enforcement agency to verify a threat to public safety within the
agency's jurisdiction; and
(3) the procedures to be used by an individual or
entity to report information about a threat to public health or
public safety.
(c) The division shall prescribe forms for use by an
emergency management director for a municipality or county in
requesting activation of the alert system.
Sec. 418.193. DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION.
(a) The Texas Department of Transportation shall:
(1) cooperate with the division and emergency
management directors and assist in developing and implementing the
alert system; and
(2) establish a plan for providing relevant
information to the public in affected areas of the state through an
existing system of dynamic message signs.
(b) The Texas Department of Transportation may coordinate
the implementation of its duties under this subchapter with the
implementation of the silver alert system under Subchapter M,
Chapter 411.
(c) The Texas Department of Transportation shall coordinate
with the division to determine additional methods of disseminating
local public health and safety alerts under Section 418.191, AMBER
alerts under Subchapter L, Chapter 411, and silver alerts under
Subchapter M, Chapter 411, using existing resources.
Sec. 418.194. NOTIFICATION TO DIVISION OF LOCAL THREAT TO
PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management
director may notify the division if the emergency management
director receives notice from:
(1) a health authority of a verified threat to public
health within the health authority's jurisdiction; or
(2) a local law enforcement agency of a verified
threat to public safety within the agency's jurisdiction.
(b) The emergency management director must determine that
the information provided by a health authority or a local law
enforcement agency poses a credible threat to the municipality or
county.
Sec. 418.195. ACTIVATION. (a) On the request of an
emergency management director, the division shall activate the
alert system and notify appropriate participants in the alert
system.
(b) The division shall send the alert to designated media
outlets in the area affected by the public health or public safety
threat. Following receipt of the alert, participating media
outlets may issue the alert at designated intervals.
Sec. 418.196. CONTENT OF LOCAL PUBLIC HEALTH OR PUBLIC
SAFETY ALERT. A local public health or public safety alert must
include:
(1) all appropriate information that is provided by
the emergency management director; and
(2) information on whom an individual in the affected
area can contact for more information.
Sec. 418.197. TERMINATION OF LOCAL PUBLIC HEALTH OR PUBLIC
SAFETY ALERT. (a) The division shall terminate any activation of
the alert with respect to a local public health or public safety
alert not later than the earlier of the time at which:
(1) the local public health or public safety threat is
resolved; or
(2) the notification period ends, as determined by
standards adopted by the division.
(b) An emergency management director that requests
activation of the alert system under this subchapter shall notify
the division as soon as possible that the local public health or
public safety threat is resolved.
SECTION 2. This Act takes effect September 1, 2009.