82R17061 NAJ-F
By: Miller of Erath, et al. H.B. No. 1765
Substitute the following for H.B. No. 1765:
By: Fletcher C.S.H.B. No. 1765
A BILL TO BE ENTITLED
AN ACT
relating to an emergency public service messaging network.
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. EMERGENCY PUBLIC SERVICE MESSAGING NETWORK
Sec. 418.201. DEFINITIONS. In this subchapter:
(1) "Digital display" means an electronic display that
is in compliance with federal law and:
(A) is capable of displaying digital messages and
images;
(B) for each display, measures at least 288
square feet and not more than 672 square feet, with a resolution of
at least 15 millimeters;
(C) has emergency backup power for at least 24
hours of operation; and
(D) automatically adjusts to ambient light
conditions and ensures the brightness of each display does not
exceed .3 foot-candles over ambient light levels measured at a
distance of 250 feet.
(2) "Emergency information network" means a system of
digital displays that is controlled remotely from a centralized
location.
(3) "Emergency management director" means a person
designated to serve as emergency management director under Section
418.1015.
(4) "Health authority" has the meaning assigned by
Section 81.003, Health and Safety Code.
Sec. 418.202. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS.
(a) 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 emergency
information network developed under Section 418.203.
(b) The local public health and public safety alerts may
include:
(1) AMBER alerts or other alerts issued under
Subchapter L, Chapter 411;
(2) silver alerts issued under Subchapter M, Chapter
411;
(3) blue alerts issued under an executive order;
(4) homeland security alerts; and
(5) emergency public service messages provided to
motorists:
(A) during a severe weather advisory;
(B) during an evacuation that has been ordered or
recommended under this chapter; or
(C) following a declaration of a state of
disaster issued under this chapter.
Sec. 418.203. EMERGENCY INFORMATION NETWORK. (a) In this
section, "contractor" means a person who contracts with the
division to implement the emergency information network.
(b) The division shall coordinate with the Texas Department
of Transportation to implement an emergency information network
along highways that are designated evacuation routes and highways
in urban areas that are adjacent to designated evacuation routes. A
digital display that is part of the emergency information network
must be located only within the corporate limits or
extraterritorial jurisdiction of a municipality.
(c) The emergency information network must be able to:
(1) display local public health and public safety
alerts described by Section 418.202(b);
(2) display the most currently available information
and relevant digital images regarding the availability of fuel,
food, lodging, and 24-hour pharmacy services located along highways
described by Subsection (b); and
(3) disseminate the information described by
Subdivisions (1) and (2) to each applicable digital display in the
network.
(d) The digital displays must be installed in a sufficient
number and located in sufficiently high population and high traffic
areas to ensure the emergency information network disseminates
information to the maximum number of motorists. A digital display
may not be located in a residential neighborhood or along a highway
that is designated as a scenic byway.
(e) The division, through competitive bidding, shall
contract with a person to implement the emergency information
network at no cost to the state. The contract must include terms
that require the contractor to:
(1) erect and maintain new digital displays on private
property along highways described by Subsection (b) and in areas
described by Subsection (d);
(2) display the local public health and public safety
alerts described by Section 418.202(b);
(3) collect the information described by Subsection
(c)(2); and
(4) display the information described by Subdivision
(3) on digital displays.
(f) Before the contractor may erect a digital display, the
contractor must obtain consent, in writing, from:
(1) the emergency management director for the
municipality in which the display is to be erected; and
(2) the person who owns the property on which the
display is to be erected.
(g) If a digital display authorized under this section is
not being used to display the information described by Subsection
(c), the contractor may:
(1) display commercial digital messages;
(2) charge the prevailing market rate for displaying
commercial digital messages; and
(3) retain the prevailing market rate for displaying
commercial digital messages.
(h) Not later than January 31 of each year, the contractor
shall pay a total of five percent of the gross revenue generated
from each digital display during the preceding year as follows:
(1) two and one-half percent to the comptroller for
deposit in the general revenue fund; and
(2) two and one-half percent to the municipality in
whose corporate limits or extraterritorial jurisdiction the
digital display is located.
(i) The emergency information network must be operated to
maximize the payments under Subsection (h).
(j) After the expiration of the contract described by
Subsection (e), if the division does not award the contractor a
contract to continue operating the emergency information network,
the division shall order the contractor to:
(1) remove the digital displays at the sole expense of
the contractor; or
(2) convey the digital displays to a person who is
awarded a contract to operate the emergency information network.
(k) Under a conveyance described by Subsection (j)(2), the
person who is awarded the contract must agree to indemnify the
contractor and pay the contractor for the digital displays. The
cost for the digital displays shall be determined according to a
formula negotiated in the contract described by Subsection (e).
(l) The contractor is responsible for the entire cost of
moving the display if the construction of a highway requires a
digital display to be moved.
(m) Notwithstanding other law, the location and erection of
a digital display authorized under this section is governed only by
federal law and this section.
(n) The division may adopt rules to implement this section.
(o) The division shall implement this section using
existing resources.
Sec. 418.204. ADMINISTRATION. (a) The division shall
coordinate the local public health and public safety alert system
described by Section 418.202(a).
(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. 418.205. DUTIES OF TEXAS DIVISION OF EMERGENCY
MANAGEMENT. The division shall:
(1) cooperate with the Texas Department of
Transportation and emergency management directors and assist in
developing and implementing the alert system described by Section
418.202(a); and
(2) establish a plan for providing relevant
information to the public in affected areas of the state through the
emergency information network developed under Section 418.203.
Sec. 418.206. NOTIFICATION TO DIVISION OF LOCAL THREAT TO
PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management
director may notify the department 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. 418.207. ACTIVATION. (a) On the request of an
emergency management director, the division shall activate the
alert system described by Section 418.202(a) 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. 418.208. 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. 418.209. 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
threat 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. The Texas Division of Emergency Management shall
ensure the emergency information network under Section 418.203,
Government Code, as added by this Act, is functionally operational
no later than June 30, 2012.
SECTION 3. This Act takes effect September 1, 2011.