Texas 2011 - 82nd Regular

Texas House Bill HB1765 Compare Versions

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1	1	82R17061 NAJ-F
2	2	By: Miller of Erath, et al. H.B. No. 1765
3	3	Substitute the following for H.B. No. 1765:
4	4	By: Fletcher C.S.H.B. No. 1765
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an emergency public service messaging network.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 418, Government Code, is amended by
12	12	adding Subchapter I to read as follows:
13	13	SUBCHAPTER I. EMERGENCY PUBLIC SERVICE MESSAGING NETWORK
14	14	Sec. 418.201. DEFINITIONS. In this subchapter:
15	15	(1) "Digital display" means an electronic display that
16	16	is in compliance with federal law and:
17	17	(A) is capable of displaying digital messages and
18	18	images;
19	19	(B) for each display, measures at least 288
20	20	square feet and not more than 672 square feet, with a resolution of
21	21	at least 15 millimeters;
22	22	(C) has emergency backup power for at least 24
23	23	hours of operation; and
24	24	(D) automatically adjusts to ambient light
25	25	conditions and ensures the brightness of each display does not
26	26	exceed .3 foot-candles over ambient light levels measured at a
27	27	distance of 250 feet.
28	28	(2) "Emergency information network" means a system of
29	29	digital displays that is controlled remotely from a centralized
30	30	location.
31	31	(3) "Emergency management director" means a person
32	32	designated to serve as emergency management director under Section
33	33	418.1015.
34	34	(4) "Health authority" has the meaning assigned by
35	35	Section 81.003, Health and Safety Code.
36	36	Sec. 418.202. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS.
37	37	(a) With the cooperation of the Texas Department of Transportation
38	38	and emergency management directors, the division shall develop and
39	39	implement a system for municipalities and counties to issue local
40	40	public health and public safety alerts through an emergency
41	41	information network developed under Section 418.203.
42	42	(b) The local public health and public safety alerts may
43	43	include:
44	44	(1) AMBER alerts or other alerts issued under
45	45	Subchapter L, Chapter 411;
46	46	(2) silver alerts issued under Subchapter M, Chapter
47	47	411;
48	48	(3) blue alerts issued under an executive order;
49	49	(4) homeland security alerts; and
50	50	(5) emergency public service messages provided to
51	51	motorists:
52	52	(A) during a severe weather advisory;
53	53	(B) during an evacuation that has been ordered or
54	54	recommended under this chapter; or
55	55	(C) following a declaration of a state of
56	56	disaster issued under this chapter.
57	57	Sec. 418.203. EMERGENCY INFORMATION NETWORK. (a) In this
58	58	section, "contractor" means a person who contracts with the
59	59	division to implement the emergency information network.
60	60	(b) The division shall coordinate with the Texas Department
61	61	of Transportation to implement an emergency information network
62	62	along highways that are designated evacuation routes and highways
63	63	in urban areas that are adjacent to designated evacuation routes. A
64	64	digital display that is part of the emergency information network
65	65	must be located only within the corporate limits or
66	66	extraterritorial jurisdiction of a municipality.
67	67	(c) The emergency information network must be able to:
68	68	(1) display local public health and public safety
69	69	alerts described by Section 418.202(b);
70	70	(2) display the most currently available information
71	71	and relevant digital images regarding the availability of fuel,
72	72	food, lodging, and 24-hour pharmacy services located along highways
73	73	described by Subsection (b); and
74	74	(3) disseminate the information described by
75	75	Subdivisions (1) and (2) to each applicable digital display in the
76	76	network.
77	77	(d) The digital displays must be installed in a sufficient
78	78	number and located in sufficiently high population and high traffic
79	79	areas to ensure the emergency information network disseminates
80	80	information to the maximum number of motorists. A digital display
81	81	may not be located in a residential neighborhood or along a highway
82	82	that is designated as a scenic byway.
83	83	(e) The division, through competitive bidding, shall
84	84	contract with a person to implement the emergency information
85	85	network at no cost to the state. The contract must include terms
86	86	that require the contractor to:
87	87	(1) erect and maintain new digital displays on private
88	88	property along highways described by Subsection (b) and in areas
89	89	described by Subsection (d);
90	90	(2) display the local public health and public safety
91	91	alerts described by Section 418.202(b);
92	92	(3) collect the information described by Subsection
93	93	(c)(2); and
94	94	(4) display the information described by Subdivision
95	95	(3) on digital displays.
96	96	(f) Before the contractor may erect a digital display, the
97	97	contractor must obtain consent, in writing, from:
98	98	(1) the emergency management director for the
99	99	municipality in which the display is to be erected; and
100	100	(2) the person who owns the property on which the
101	101	display is to be erected.
102	102	(g) If a digital display authorized under this section is
103	103	not being used to display the information described by Subsection
104	104	(c), the contractor may:
105	105	(1) display commercial digital messages;
106	106	(2) charge the prevailing market rate for displaying
107	107	commercial digital messages; and
108	108	(3) retain the prevailing market rate for displaying
109	109	commercial digital messages.
110	110	(h) Not later than January 31 of each year, the contractor
111	111	shall pay a total of five percent of the gross revenue generated
112	112	from each digital display during the preceding year as follows:
113	113	(1) two and one-half percent to the comptroller for
114	114	deposit in the general revenue fund; and
115	115	(2) two and one-half percent to the municipality in
116	116	whose corporate limits or extraterritorial jurisdiction the
117	117	digital display is located.
118	118	(i) The emergency information network must be operated to
119	119	maximize the payments under Subsection (h).
120	120	(j) After the expiration of the contract described by
121	121	Subsection (e), if the division does not award the contractor a
122	122	contract to continue operating the emergency information network,
123	123	the division shall order the contractor to:
124	124	(1) remove the digital displays at the sole expense of
125	125	the contractor; or
126	126	(2) convey the digital displays to a person who is
127	127	awarded a contract to operate the emergency information network.
128	128	(k) Under a conveyance described by Subsection (j)(2), the
129	129	person who is awarded the contract must agree to indemnify the
130	130	contractor and pay the contractor for the digital displays. The
131	131	cost for the digital displays shall be determined according to a
132	132	formula negotiated in the contract described by Subsection (e).
133	133	(l) The contractor is responsible for the entire cost of
134	134	moving the display if the construction of a highway requires a
135	135	digital display to be moved.
136	136	(m) Notwithstanding other law, the location and erection of
137	137	a digital display authorized under this section is governed only by
138	138	federal law and this section.
139	139	(n) The division may adopt rules to implement this section.
140	140	(o) The division shall implement this section using
141	141	existing resources.
142	142	Sec. 418.204. ADMINISTRATION. (a) The division shall
143	143	coordinate the local public health and public safety alert system
144	144	described by Section 418.202(a).
145	145	(b) The division shall adopt standards as necessary to
146	146	ensure proper implementation of the alert system. The standards
147	147	must address:
148	148	(1) the procedures to be used by a health authority to
149	149	verify a threat to public health within the health authority's
150	150	jurisdiction;
151	151	(2) the procedures to be used by a local law
152	152	enforcement agency to verify a threat to public safety within the
153	153	agency's jurisdiction; and
154	154	(3) the procedures to be used by an individual or
155	155	entity to report information about a threat to public health or
156	156	public safety.
157	157	(c) The division shall prescribe forms for use by an
158	158	emergency management director for a municipality or county in
159	159	requesting activation of the alert system.
160	160	Sec. 418.205. DUTIES OF TEXAS DIVISION OF EMERGENCY
161	161	MANAGEMENT. The division shall:
162	162	(1) cooperate with the Texas Department of
163	163	Transportation and emergency management directors and assist in
164	164	developing and implementing the alert system described by Section
165	165	418.202(a); and
166	166	(2) establish a plan for providing relevant
167	167	information to the public in affected areas of the state through the
168	168	emergency information network developed under Section 418.203.
169	169	Sec. 418.206. NOTIFICATION TO DIVISION OF LOCAL THREAT TO
170	170	PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management
171	171	director may notify the department if the emergency management
172	172	director receives notice from:
173	173	(1) a health authority of a verified threat to public
174	174	health within the health authority's jurisdiction; or
175	175	(2) a local law enforcement agency of a verified
176	176	threat to public safety within the agency's jurisdiction.
177	177	(b) The emergency management director must determine that
178	178	the information provided by a health authority or a local law
179	179	enforcement agency poses a credible threat to the municipality or
180	180	county.
181	181	Sec. 418.207. ACTIVATION. (a) On the request of an
182	182	emergency management director, the division shall activate the
183	183	alert system described by Section 418.202(a) and notify appropriate
184	184	participants in the alert system.
185	185	(b) The division shall send the alert to designated media
186	186	outlets in the area affected by the public health or public safety
187	187	threat. Following receipt of the alert, participating media
188	188	outlets may issue the alert at designated intervals.
189	189	Sec. 418.208. CONTENT OF LOCAL PUBLIC HEALTH OR PUBLIC
190	190	SAFETY ALERT. A local public health or public safety alert must
191	191	include:
192	192	(1) all appropriate information that is provided by
193	193	the emergency management director; and
194	194	(2) information on whom an individual in the affected
195	195	area can contact for more information.
196	196	Sec. 418.209. TERMINATION OF LOCAL PUBLIC HEALTH OR PUBLIC
197	197	SAFETY ALERT. (a) The division shall terminate any activation of
198	198	the alert with respect to a local public health or public safety
199	199	threat not later than the earlier of the time at which:
200	200	(1) the local public health or public safety threat is
201	201	resolved; or
202	202	(2) the notification period ends, as determined by
203	203	standards adopted by the division.
204	204	(b) An emergency management director that requests
205	205	activation of the alert system under this subchapter shall notify
206	206	the division as soon as possible that the local public health or
207	207	public safety threat is resolved.
208	208	SECTION 2. The Texas Division of Emergency Management shall
209	209	ensure the emergency information network under Section 418.203,
210	210	Government Code, as added by this Act, is functionally operational
211	211	no later than June 30, 2012.
212	212	SECTION 3. This Act takes effect September 1, 2011.