2011S0551-1 03/02/11
By: Carona S.B. No. 1238
A BILL TO BE ENTITLED
AN ACT
relating to communications by public service providers during a
disaster or an emergency.
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
DISASTER OR EMERGENCY.
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 DISASTER OR EMERGENCY. (a) A public service provider may
use an emergency notification system to inform the provider's
customers, governmental agencies, and other affected persons with
messages providing:
(1) notice of a disaster or an 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 under this section 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 described by
Subsection (b) must comply with:
(1) the Telecommunications Service Priority program
established by the Federal Communications Commission; and
(2) 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
information that is confidential under Section 771.061, Health and
Safety Code, from a governmental entity providing 9-1-1 service to
the provider's customer.
(e) In this section:
(1) "Emergency" means a temporary, sudden, and
unforeseen occurrence that 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 Code, Utilities Code, 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.