By: Raymond H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to a study on a statewide disaster and extended power
outage alert system and implementation of that system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 418, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM
Sec. 418.301. DEFINITION. In this subchapter:
(1) "Alert system" means the standardized statewide
disaster alert system described by this subchapter;
(2) "Commission" means the public utility commission
of Texas;
(3) "Disaster" has the meaning assigned by Section
418.001 and includes an extended power outage;
(4) "Electric utility" means an entity, including a
river authority, electric cooperative, or municipally owned
utility, that:
(A) provides power generation service in this
state; or
(B) provides transmission or distribution
service in this state;
(5) "ERCOT" means the Electric Reliability Council of
Texas or a successor independent organization established by the
commission under Chapter 39.151, Utilities Code;
(6) "Extended power outage" means a power outage
lasting more than 24 hours.
Sec. 418.3015. STUDY ON STATEWIDE DISASTER ALERT SYSTEM.
(a) The division shall conduct a study on the efficacy of existing
mass notification deployments by local governmental entities
throughout this state and the feasibility of establishing a
statewide disaster alert system. The study must:
(1) identify the costs to local governmental entities
associated with existing local disaster alert or notification
systems;
(2) examine the potential benefits to local
governmental entities of implementing an alert system in
coordination with this state, including:
(A) improving this state's ability to coordinate
state and local responses to disasters; and
(B) eliminating barriers to successful mass
notification and communication encountered by local governmental
entities during disasters;
(3) examine the importance of a local governmental
entity's discretion regarding the entity's level and manner of
participation in the alert system;
(4) examine potential costs to local governmental
entities or this state associated with implementing the alert
system;
(5) examine the ability of local governments to
communicate with ERCOT, the PUC, and electric utilities that serve
their area;
(6) identify any state or local governmental entity
actions necessary to implement a comprehensive alert system that
would include alerts related to extended power outages.
(b) Not later than March 1, 2022, the division shall prepare
and submit to the governor, the lieutenant governor, and the
legislature a report on the findings of the study.
(c) An electric utility, ERCOT, and the commission shall
provide information related to the implementation of a
comprehensive alert system to the division on request. Information
provide to the division, the commission, or ERCOT under this
subchapter is confidential and excepted from disclosure under
Chapter 552, Government Code.
(c) This section expires September 1, 2027.
Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The
division, with the cooperation of the office of the governor, the
commission, and ERCOT, may develop and implement a statewide
disaster alert system to activate in the event of a disaster
affecting any location in this state.
(a-1) If, based on the findings of the study conducted under
Section 418.3015, the division and office of the governor conclude
that the benefits to this state and local governmental entities of
implementing a coordinated alert system outweigh any additional
costs, the division, with the cooperation of the office and other
appropriate state agencies and using money available for the
purpose, shall develop and implement the alert system. This
subsection expires September 1, 2027.
(b) A local governmental entity that chooses to participate
in an alert system implemented under this subchapter may use
available local funds for that purpose and may contract with the
department for services associated with the alert system. A local
governmental entity is not required to use local funds to allow an
electric utility to participate in the alert system.
(c) An alert system implemented under this subchapter may
be:
(1) operated in conjunction with any other emergency
alert system required by federal or state law; and
(2) designed to notify persons statewide of a disaster
affecting any location in this state.
(d) An alert system implemented under this subchapter
designed to communicate about an extended power outage must apply
to areas served by non-ERCOT utilities.
Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the
division determines a disaster has occurred or the occurrence or
threat of disaster is imminent or is notified of a declaration of
disaster under this chapter, the division may immediately activate
any alert system implemented under this subchapter. A participating
local governmental entity may, in coordination with the division,
choose the manner in which the alert system is activated and
notifications are issued within the entity's geographic region.
(b) The division, or local governmental entity, as
appropriate, may issue updated notifications for the duration of
the disaster.
(c) An electric utility shall notify ERCOT, the commission,
and the division of an interruption in service that is likely to
last more than 24 hours.
Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A
notification issued under an alert system implemented under this
subchapter may include information necessary to:
(1) assist a person affected by the disaster with
making informed decisions regarding the person's safety; and
(2) enable a person in another location in this state
to assist an affected person.
Sec. 418.305. TERMINATION OF ALERT SYSTEM. The division may
terminate the activation of an alert system when:
(1) the division determines that:
(A) the threat or danger has passed; or
(B) the disaster has been addressed to the extent
that emergency conditions no longer exist
(2) the service interruption caused by the extended
power outage has ended; or
(3) the state of disaster is terminated as provided by
this chapter.
Sec. 418.306. RULES. (a) The division may adopt rules
necessary to implement this subchapter.
(b) The division may consult with the commission, ERCOT, or
an electric utility when drafting the rules required by subsection
(a)
SECTION 2. As soon as practicable after the effective date
of this Act:
(1) the Texas Division of Emergency Management shall
conduct the study required by Section 418.3015, Government Code, as
added by this Act; and
(2) based on the results of the study, if applicable,
the chief of the Texas Division of Emergency Management shall
implement an alert system under Subchapter J, Chapter 418,
Government Code, as added by this Act.
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, 2021.