82R18115 MTB-D
By: Phillips H.B. No. 2257
Substitute the following for H.B. No. 2257:
By: Fletcher C.S.H.B. No. 2257
A BILL TO BE ENTITLED
AN ACT
relating to the procurement and use of an emergency notification
system by public service providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 418, Government Code, is
amended by adding Section 418.192 to read as follows:
Sec. 418.192. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS
DURING DISASTERS AND EMERGENCIES. (a) In this section:
(1) "Emergency" means a temporary, sudden, and
unforeseen occurrence that requires action by a public service
provider to correct the occurrence, inform others of the
occurrence, protect lives or property, or temporarily reduce demand
for or allocate supply of 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 provides essential products or services to the public
that are regulated under the Natural Resources Code, Utilities
Code, or Water Code, including:
(A) common carriers under Section 111.002,
Natural Resources Code;
(B) telecommunications providers as defined by
Section 51.002, Utilities Code; and
(C) any other person or entity providing or
producing heat, light, power, or water.
(b) A public service provider may enter into a contract for
an emergency notification system described by this section for use
in informing the provider's customers, governmental entities, and
other affected persons regarding:
(1) notice of a disaster or emergency; and
(2) any actions a recipient is required to take during
a disaster or emergency.
(c) The emergency notification system for which a contract
is entered into under Subsection (b) 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 communications 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.
(d) 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.
(e) A public service provider that uses an emergency
notification system described by this section is entitled to
information that is confidential under Section 771.061, Health and
Safety Code, from a governmental entity providing 9-1-1 service to
a public service provider's customers. The public service provider
shall use information collected or received under this subsection
only for informing persons under Subsection (b).
SECTION 2. 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.