By: Phillips H.B. No. 2257
A BILL TO BE ENTITLED
AN ACT
relating to communications during a disaster or an emergency by
public service providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 418.047, Government Code,
is amended to read as follows:
Sec. 418.047. COMMUNICATIONS BY THE DIVISION DURING
DISASTERS AND EMERGENCIES.
SECTION 2. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.0471 to read as follows:
Sec. 418.0471. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS
DURING DISASTERS AND EMERGENCIES. (a) A public service provider
may use an emergency notification system under this section to
inform the provider's customers, governmental agencies, and other
affected persons with messages providing:
(1) notice of a disaster or emergency; and
(2) any actions a recipient is required to take during
a disaster or an emergency.
(b) The emergency notification system used by a public
service provider must rely on a dynamic information database that:
(1) is capable of simultaneous transmission of
emergency messages to all recipients through at least two industry
standard gateways to one or more telephones or electronic devices
owned by a recipient in a manner that does not negatively impact
the existing communication infrastructure;
(2) allows the public service provider to:
(A) store prewritten emergency messages in the
dynamic information database for subsequent use; and
(B) generate emergency messages in real-time
based on provider inputs;
(3) allows a recipient to select the language in which
the recipient would prefer to receive messages;
(4) transmits the message in the recipient's language
of choice to that recipient;
(5) converts text messages to sound files and
transmits those sound files to the appropriate device;
(6) assigns recipients to priority groups for
notification; and
(7) allows for the collection and verification of
responses by recipients of emergency messages.
(c) The dynamic information database must comply with:
(1) the Telecommunications Service Priority Program
established by the Federal Communications Commission; and
(2) the Federal Information Processing Standard 140-2
governing compliant cryptographic modules for encryption and
security issued by the National Institute of Standards and
Technology.
(d) A public service provider that uses an emergency
notification system described by this section is entitled to
obtain the information made confidential by Section 771.061, Health
and Safety Code, from a governmental entity providing 9-1-1 service
to a provider's customer.
(e) As used in this section:
(1) "Emergency" means a temporary, sudden, and
unforeseen occurrence which requires action by a public service
provider to inform, to correct, to protect lives or property, or to
temporarily reduce demand or allocate supply for the provider's
products or services to ensure public safety or preserve the
integrity of service delivery mechanisms.
(2) "Public service provider" means any person or
entity that furnishes essential products or services to the public
that are governed by the Natural Resources, Utilities, or Water
Code, including common carriers, telecommunications companies,
and any person or entity furnishing or producing heat, light, power
or water.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.