82R9872 KEL-D
By: Watson S.B. No. 1572
A BILL TO BE ENTITLED
AN ACT
relating to intelligence data standards and protected personal
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 421, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. FUSION CENTERS IN GENERAL
Sec. 421.101. DEFINITION. In this subchapter, "noncriminal
information" means any data about persons, organizations, events,
incidents, or objects, regardless of the medium in which the
information exists, where no reasonable suspicion exists that a
criminal activity is occurring or is about to occur.
Sec. 421.102. COLLECTION OF CERTAIN INTELLIGENCE DATA AND
NONCRIMINAL INFORMATION PROHIBITED. A fusion center may not:
(1) review, collect, or maintain noncriminal
information or criminal intelligence data about the political,
religious, or social views, associations, military history, or
activities of any individual or any group, association,
corporation, business, partnership, or other organization unless
the information directly relates to criminal conduct or activity
and reasonable suspicion exists that the subject of the information
is or may be involved in criminal conduct or activity; or
(2) review, collect, or maintain protected health
information, biometric information, or personally identifiable
information unless the information directly relates to criminal
conduct or activity and reasonable suspicion exists that the
subject of the information is or may be involved in criminal conduct
or activity.
SECTION 2. Subchapter F, Chapter 421, Government Code, is
redesignated as Subchapter G, Chapter 421, Government Code, and
amended to read as follows:
SUBCHAPTER G [F]. GOVERNOR'S INTEROPERABLE RADIO COMMUNICATIONS
PROGRAM
Sec. 421.121 [421.095]. DEFINITIONS. In this subchapter:
(1) "First responder" means a public safety employee
or volunteer whose duties include responding rapidly to an
emergency. The term includes:
(A) a peace officer whose duties include
responding rapidly to an emergency;
(B) fire protection personnel under Section
419.021;
(C) a volunteer firefighter who is:
(i) certified by the Texas Commission on
Fire Protection or by the State Firemen's and Fire Marshalls'
Association of Texas; or
(ii) a member of an organized volunteer
fire-fighting unit as described by Section 615.003; and
(D) an individual certified as emergency medical
services personnel by the Department of State Health Services.
(2) "Infrastructure equipment" means the underlying
permanent equipment required to establish interoperable
communication between radio systems used by local, state, and
federal agencies and first responders.
Sec. 421.122 [421.096]. INTEROPERABILITY OF RADIO SYSTEMS.
The office of the governor shall:
(1) develop and administer a strategic plan to design
and implement a statewide integrated public safety radio
communications system that promotes interoperability within and
between local, state, and federal agencies and first responders;
(2) develop and administer a plan in accordance with
Subdivision (1) to purchase infrastructure equipment for state and
local agencies and first responders;
(3) advise representatives of entities in this state
that are involved in homeland security activities with respect to
interoperability; and
(4) use appropriated money, including money from
relevant federal homeland security grants, for the purposes of
designing, implementing, and maintaining a statewide integrated
public safety radio communications system.
Sec. 421.123 [421.097]. ASSISTANCE. The office of the
governor may consult with a representative of an entity described
by Section 421.122(3) [421.096(3)] to obtain assistance or
information necessary for the performance of any duty under this
subchapter.
Sec. 421.124 [421.098]. REPORT. Not later than September 1
of each year, the office of the governor shall provide to the
legislature a report on the status of its duties under this
subchapter.
SECTION 3. Section 74.151(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who in good faith administers emergency care is
not liable in civil damages for an act performed during the
emergency unless the act is wilfully or wantonly negligent,
including a person who:
(1) administers emergency care using an automated
external defibrillator; or
(2) administers emergency care as a volunteer who is a
first responder as the term is defined under Section 421.121
[421.095], Government Code.
SECTION 4. 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.