Texas 2011 - 82nd Regular

Texas House Bill HB2257 Compare Versions

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Old	New	Differences
1	1	82R18115 MTB-D
2	2	By: Phillips H.B. No. 2257
3	3	Substitute the following for H.B. No. 2257:
4	4	By: Fletcher C.S.H.B. No. 2257
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procurement and use of an emergency notification
10	10	system by public service providers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter H, Chapter 418, Government Code, is
13	13	amended by adding Section 418.192 to read as follows:
14	14	Sec. 418.192. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS
15	15	DURING DISASTERS AND EMERGENCIES. (a) In this section:
16	16	(1) "Emergency" means a temporary, sudden, and
17	17	unforeseen occurrence that requires action by a public service
18	18	provider to correct the occurrence, inform others of the
19	19	occurrence, protect lives or property, or temporarily reduce demand
20	20	for or allocate supply of the provider's products or services to
21	21	ensure public safety or preserve the integrity of service delivery
22	22	mechanisms.
23	23	(2) "Public service provider" means any person or
24	24	entity that provides essential products or services to the public
25	25	that are regulated under the Natural Resources Code, Utilities
26	26	Code, or Water Code, including:
27	27	(A) common carriers under Section 111.002,
28	28	Natural Resources Code;
29	29	(B) telecommunications providers as defined by
30	30	Section 51.002, Utilities Code; and
31	31	(C) any other person or entity providing or
32	32	producing heat, light, power, or water.
33	33	(b) A public service provider may enter into a contract for
34	34	an emergency notification system described by this section for use
35	35	in informing the provider's customers, governmental entities, and
36	36	other affected persons regarding:
37	37	(1) notice of a disaster or emergency; and
38	38	(2) any actions a recipient is required to take during
39	39	a disaster or emergency.
40	40	(c) The emergency notification system for which a contract
41	41	is entered into under Subsection (b) must rely on a dynamic
42	42	information database that:
43	43	(1) is capable of simultaneous transmission of
44	44	emergency messages to all recipients through at least two
45	45	industry-standard gateways to one or more telephones or electronic
46	46	devices owned by a recipient in a manner that does not negatively
47	47	impact the existing communications infrastructure;
48	48	(2) allows the public service provider to:
49	49	(A) store prewritten emergency messages in the
50	50	dynamic information database for subsequent use; and
51	51	(B) generate emergency messages in real time
52	52	based on provider inputs;
53	53	(3) allows a recipient to select the language in which
54	54	the recipient would prefer to receive messages;
55	55	(4) transmits the message in the recipient's language
56	56	of choice to that recipient;
57	57	(5) converts text messages to sound files and
58	58	transmits those sound files to the appropriate device;
59	59	(6) assigns recipients to priority groups for
60	60	notification; and
61	61	(7) allows for the collection and verification of
62	62	responses by recipients of emergency messages.
63	63	(d) The dynamic information database must comply with:
64	64	(1) the Telecommunications Service Priority program
65	65	established by the Federal Communications Commission; and
66	66	(2) the Federal Information Processing Standard 140-2
67	67	governing compliant cryptographic modules for encryption and
68	68	security issued by the National Institute of Standards and
69	69	Technology.
70	70	(e) A public service provider that uses an emergency
71	71	notification system described by this section is entitled to
72	72	information that is confidential under Section 771.061, Health and
73	73	Safety Code, from a governmental entity providing 9-1-1 service to
74	74	a public service provider's customers. The public service provider
75	75	shall use information collected or received under this subsection
76	76	only for informing persons under Subsection (b).
77	77	SECTION 2. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2011.