1 | 1 | | By: Anchia (Senate Sponsor - Whitmire) H.B. No. 1861 |
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2 | 2 | | (In the Senate - Received from the House April 18, 2011; |
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3 | 3 | | April 26, 2011, read first time and referred to Committee on |
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4 | 4 | | Government Organization; May 5, 2011, reported favorably by the |
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5 | 5 | | following vote: Yeas 5, Nays 0; May 5, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the continuation and functions of the Commission on |
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11 | 11 | | State Emergency Communications. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 771.032, Health and Safety Code, is |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | Sec. 771.032. APPLICATION OF SUNSET ACT. The Commission on |
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16 | 16 | | State Emergency Communications is subject to Chapter 325, |
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17 | 17 | | Government Code (Texas Sunset Act). Unless continued in existence |
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18 | 18 | | as provided by that chapter, the commission is abolished and this |
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19 | 19 | | chapter expires September 1, 2023 [2011]. |
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20 | 20 | | SECTION 2. Subchapter B, Chapter 771, Health and Safety |
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21 | 21 | | Code, is amended by adding Section 771.040 to read as follows: |
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22 | 22 | | Sec. 771.040. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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23 | 23 | | DISPUTE RESOLUTION. (a) The commission shall develop and |
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24 | 24 | | implement a policy to encourage the use of: |
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25 | 25 | | (1) negotiated rulemaking procedures under Chapter |
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26 | 26 | | 2008, Government Code, for the adoption of commission rules; and |
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27 | 27 | | (2) appropriate alternative dispute resolution |
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28 | 28 | | procedures under Chapter 2009, Government Code, to assist in the |
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29 | 29 | | resolution of internal and external disputes under the commission's |
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30 | 30 | | jurisdiction. |
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31 | 31 | | (b) The commission's procedures relating to alternative |
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32 | 32 | | dispute resolution must conform, to the extent possible, to any |
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33 | 33 | | model guidelines issued by the State Office of Administrative |
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34 | 34 | | Hearings for the use of alternative dispute resolution by state |
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35 | 35 | | agencies. |
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36 | 36 | | (c) The commission shall: |
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37 | 37 | | (1) coordinate the implementation of the policy |
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38 | 38 | | adopted under Subsection (a); |
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39 | 39 | | (2) provide training as needed to implement the |
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40 | 40 | | procedures for negotiated rulemaking or alternative dispute |
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41 | 41 | | resolution; and |
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42 | 42 | | (3) collect data concerning the effectiveness of those |
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43 | 43 | | procedures. |
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44 | 44 | | SECTION 3. Subchapter C, Chapter 771, Health and Safety |
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45 | 45 | | Code, is amended by adding Section 771.0511 to read as follows: |
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46 | 46 | | Sec. 771.0511. EMERGENCY SERVICES INTERNET PROTOCOL |
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47 | 47 | | NETWORK; EMERGENCY COMMUNICATIONS ADVISORY COMMITTEE. (a) In this |
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48 | 48 | | section: |
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49 | 49 | | (1) "Advisory committee" means the Emergency |
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50 | 50 | | Communications Advisory Committee. |
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51 | 51 | | (2) "State-level emergency services Internet Protocol |
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52 | 52 | | network" means a private Internet Protocol network or Virtual |
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53 | 53 | | Private Network that: |
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54 | 54 | | (A) is used for communications between and among |
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55 | 55 | | public safety answering points and other entities that support or |
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56 | 56 | | are supported by public safety answering points in providing |
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57 | 57 | | emergency call handling and response; and |
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58 | 58 | | (B) will be a part of the Texas Next Generation |
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59 | 59 | | Emergency Communications System. |
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60 | 60 | | (b) The commission, with the assistance of an advisory |
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61 | 61 | | committee, may coordinate the development, implementation, and |
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62 | 62 | | management of an interconnected, state-level emergency services |
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63 | 63 | | Internet Protocol network. |
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64 | 64 | | (c) If the commission acts under Subsection (b), the |
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65 | 65 | | commission shall establish policy and oversee agency involvement in |
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66 | 66 | | the development and implementation of the interconnected, |
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67 | 67 | | state-level emergency services Internet Protocol network. |
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68 | 68 | | (d) If the commission acts under Subsection (b), the |
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69 | 69 | | commission shall appoint an advisory committee. The advisory |
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70 | 70 | | committee must include at least: |
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71 | 71 | | (1) one representative from a regional planning |
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72 | 72 | | commission; |
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73 | 73 | | (2) one representative from an emergency |
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74 | 74 | | communication district, as that term is defined by Section |
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75 | 75 | | 771.001(3)(A); and |
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76 | 76 | | (3) one representative from an emergency |
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77 | 77 | | communication district, as that term is defined by Section |
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78 | 78 | | 771.001(3)(B). |
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79 | 79 | | (e) In appointing members of an advisory committee, the |
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80 | 80 | | commission shall consult with regional planning commissions and |
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81 | 81 | | emergency communication districts throughout the state. The |
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82 | 82 | | commission shall ensure that each member of the advisory committee |
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83 | 83 | | has appropriate training, experience, and knowledge in 9-1-1 |
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84 | 84 | | systems and network management to assist in the implementation and |
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85 | 85 | | operation of a complex network. |
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86 | 86 | | SECTION 4. This Act takes effect immediately if it receives |
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87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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90 | 90 | | Act takes effect September 1, 2011. |
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91 | 91 | | * * * * * |
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