Texas 2011 - 82nd Regular

Texas Senate Bill SB1572 Compare Versions

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1	1	82R29622 KEL-D
2	2	By: Watson, et al. S.B. No. 1572
3	3	(McClendon, Thompson)
4	4	Substitute the following for S.B. No. 1572: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operations and monitoring of fusion centers in this
10	10	state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 421.001, Government Code, is amended by
13	13	adding Subdivisions (2-a), (4), and (5) to read as follows:
14	14	(2-a) "Fusion center" means a state or regional
15	15	multidisciplinary collaborative effort of two or more agencies that
16	16	combine resources, expertise, and intelligence and other
17	17	information with the goal of maximizing the ability of those
18	18	agencies to detect, prevent, and respond to criminal activities or
19	19	to otherwise engage in homeland security activities.
20	20	(4) "Intelligence" means the product of systematic
21	21	gathering, evaluation, and synthesis of raw data on individuals or
22	22	activities suspected of being, or known to be, criminal in nature.
23	23	(5) "Recognized fusion center" means a fusion center
24	24	operating in this state that has been recognized by the homeland
25	25	security director as meeting the fusion center mission identified
26	26	in the governor's homeland security strategy and in the Department
27	27	of Homeland Security State, Local, and Regional Fusion Center
28	28	Initiative established under 6 U.S.C. Section 124h.
29	29	SECTION 2. Subsection (b), Section 421.002, Government
30	30	Code, is amended to read as follows:
31	31	(b) The governor's homeland security strategy shall
32	32	coordinate homeland security activities among and between local,
33	33	state, and federal agencies and the private sector and must include
34	34	specific plans for:
35	35	(1) intelligence gathering and analysis;
36	36	(2) information sharing;
37	37	(3) reducing the state's vulnerability to homeland
38	38	security emergencies;
39	39	(4) protecting critical infrastructure;
40	40	(5) protecting the state's international border,
41	41	ports, and airports;
42	42	(6) detecting, deterring, and defending against
43	43	terrorism, including cyber-terrorism and biological, chemical, and
44	44	nuclear terrorism;
45	45	(7) positioning equipment, technology, and personnel
46	46	to improve the state's ability to respond to a homeland security
47	47	emergency;
48	48	(8) directing the Texas Fusion [Infrastructure
49	49	Protection Communications] Center and giving the center certain
50	50	forms of authority to implement the governor's homeland security
51	51	strategy; and
52	52	(9) using technological resources to:
53	53	(A) facilitate the interoperability of
54	54	government technological resources, including data, networks, and
55	55	applications;
56	56	(B) coordinate the warning and alert systems of
57	57	state and local agencies;
58	58	(C) incorporate multidisciplinary approaches to
59	59	homeland security; and
60	60	(D) improve the security of governmental and
61	61	private sector information technology and information resources.
62	62	SECTION 3. Section 421.071, Government Code, is amended to
63	63	read as follows:
64	64	Sec. 421.071. COOPERATION AND ASSISTANCE. A state or local
65	65	agency that performs a homeland security activity or a
66	66	nongovernmental entity that contracts with a state or local agency
67	67	to perform a homeland security activity shall cooperate with and
68	68	assist the office of the governor, the Homeland Security Council,
69	69	the Texas Fusion [Infrastructure Protection Communications]
70	70	Center, and the National Infrastructure Protection Center in the
71	71	performance of their duties under this chapter and other state or
72	72	federal law.
73	73	SECTION 4. The heading to Subchapter E, Chapter 421,
74	74	Government Code, is amended to read as follows:
75	75	SUBCHAPTER E. TEXAS FUSION CENTER AND OTHER FUSION CENTERS
76	76	OPERATING IN THIS STATE
77	77	SECTION 5. Subsections (a) and (b), Section 421.082,
78	78	Government Code, are amended to read as follows:
79	79	(a) The Texas Fusion Center [center] shall serve as the
80	80	state's primary entity for the planning, coordination, and
81	81	integration of government communications capabilities to help
82	82	implement the governor's homeland security strategy and ensure an
83	83	effective response in the event of a homeland security emergency.
84	84	(b) The center's duties include:
85	85	(1) promotion of emergency preparedness;
86	86	(2) receipt and analysis of information, assessment of
87	87	threats, and issuance of public warnings related to homeland
88	88	security emergencies; [and]
89	89	(3) authorization and facilitation of cooperative
90	90	efforts related to emergency response and recovery efforts in the
91	91	event of a homeland security emergency; and
92	92	(4) making recommendations to the Department of Public
93	93	Safety regarding the monitoring of fusion centers operating in this
94	94	state and regarding the functions of the Texas Fusion Center Policy
95	95	Council created under Section 421.083.
96	96	SECTION 6. Subchapter E, Chapter 421, Government Code, is
97	97	amended by adding Sections 421.083, 421.084, and 421.085 to read as
98	98	follows:
99	99	Sec. 421.083. TEXAS FUSION CENTER POLICY COUNCIL. (a) The
100	100	Department of Public Safety shall create the Texas Fusion Center
101	101	Policy Council and the bylaws for the council to assist the
102	102	department in monitoring fusion center activities in this state.
103	103	(b) The policy council is composed of one executive
104	104	representative from each recognized fusion center operating in this
105	105	state.
106	106	(c) The policy council shall:
107	107	(1) develop and disseminate strategies to:
108	108	(A) facilitate the implementation of applicable
109	109	federal standards and programs on a statewide basis by each fusion
110	110	center operating in this state;
111	111	(B) expand and enhance the statewide
112	112	intelligence capacity to reduce the threat of terrorism and
113	113	criminal enterprises; and
114	114	(C) continuously review critical issues
115	115	pertaining to homeland security activities;
116	116	(2) establish a privacy advisory group, with at least
117	117	one member who is a privacy advocate, to advise the policy council
118	118	and to meet at the direction of the policy council; and
119	119	(3) recommend best practices for each fusion center
120	120	operating in this state, including:
121	121	(A) best practices to ensure that the center
122	122	adheres to 28 C.F.R. Part 23 and any other state or federal law
123	123	designed to protect privacy and the other legal rights of
124	124	individuals; and
125	125	(B) best practices for the smooth exchange of
126	126	information among all fusion centers operating in this state.
127	127	Sec. 421.084. FUSION CENTERS OPERATING IN THIS STATE:
128	128	RULES AND MONITORING. (a) After considering the recommendations
129	129	of the Texas Fusion Center under Section 421.082(b)(4) and the
130	130	Texas Fusion Center Policy Council under Section 421.083(c)(3), the
131	131	Department of Public Safety shall adopt rules to govern the
132	132	operations of fusion centers in this state, including guidelines
133	133	to:
134	134	(1) for any fusion center operating in this state,
135	135	establish a common concept of operations to provide clear baseline
136	136	standards for each aspect of the center's activities;
137	137	(2) inform and define the monitoring of those
138	138	activities by the Texas Fusion Center Policy Council; and
139	139	(3) ensure that any fusion center operating in this
140	140	state adheres to state and federal laws designed to protect privacy
141	141	and the other legal rights of individuals, including 28 C.F.R. Part
142	142	23 and any other law that provides clear standards for the treatment
143	143	of intelligence or for the collection and storage of noncriminal
144	144	information, personally identifiable information, or protected
145	145	health information.
146	146	(b) The Department of Public Safety may require that a
147	147	fusion center audited under applicable department rules pay any
148	148	costs incurred by the policy council in relation to the audit.
149	149	(c) A member of the policy council may not receive
150	150	compensation but is entitled to reimbursement for the member's
151	151	travel expenses as provided by Chapter 660 and the General
152	152	Appropriations Act.
153	153	(d) A fusion center may not receive state grant money if the
154	154	center adopts a rule, order, ordinance, or policy under which the
155	155	center fails or refuses to comply with rules adopted by the
156	156	Department of Public Safety under Subsection (a), beginning with
157	157	the first state fiscal year occurring after the center adopts the
158	158	rule, order, ordinance, or policy.
159	159	Sec. 421.085. REPORT. The Texas Fusion Center Policy
160	160	Council annually shall submit to the governor and to each house of
161	161	the legislature a report that contains, with respect to the
162	162	preceding year:
163	163	(1) the council's progress in developing and
164	164	coordinating the statewide fusion effort and intelligence network
165	165	described by the governor's homeland security strategy;
166	166	(2) the progress made by fusion centers operating in
167	167	this state in meeting the fusion center guidelines developed under
168	168	the Department of Homeland Security State, Local, and Regional
169	169	Fusion Center Initiative established under 6 U.S.C. Section 124h;
170	170	and
171	171	(3) a summary of fusion center audits or reviews
172	172	conducted under applicable rules adopted by the Department of
173	173	Public Safety.
174	174	SECTION 7. This Act takes effect immediately if it receives
175	175	a vote of two-thirds of all the members elected to each house, as
176	176	provided by Section 39, Article III, Texas Constitution. If this
177	177	Act does not receive the vote necessary for immediate effect, this
178	178	Act takes effect September 1, 2011.