87R16127 BRG-F
By: Raymond, Paddie, Hernandez, Bonnen, H.B. No. 12
Button, et al.
Substitute the following for H.B. No. 12:
By: Deshotel C.S.H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to a study on a statewide disaster 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. DEFINITIONS. 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
418.004 and includes a widespread power outage lasting longer than
24 hours.
(4) "ERCOT" has the meaning assigned by Section
31.002, Utilities Code.
(5) "ERCOT organization" means the independent
organization certified under Section 39.151, Utilities Code, for
the ERCOT power region.
(6) "Public utility" means an entity that generates,
transmits, or distributes electric energy to the public, including
an electric cooperative, an electric utility, a municipally owned
utility, or a river authority.
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 governmental entities
to communicate with the ERCOT organization, the commission, and
public utilities that serve the jurisdictions of the local
governmental entities; and
(6) identify any state or local governmental entity
actions necessary to implement a comprehensive alert system
designed to communicate information about disasters, including an
extended and widespread power outage.
(b) On request of the division, the ERCOT organization, the
commission, and any public utility shall provide information
necessary to evaluate the implementation of a comprehensive alert
system. Information provided to the division under this subsection
is confidential and not subject to disclosure under Chapter 552.
(c) 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.
(d) 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 the ERCOT organization, 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, other
appropriate state agencies, and the ERCOT organization, 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 assist a
public utility with participating in the alert system.
(c) Each public utility shall participate in an alert system
implemented under this subchapter.
(d) 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.
(e) An alert system implemented under this subchapter and
designed to communicate information about an extended and
widespread power outage must apply to areas outside of ERCOT.
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) A public utility shall notify the following entities of
a widespread power outage that is likely to last more than 24 hours:
(1) the division;
(2) the commission; and
(3) the ERCOT organization, if the utility's service
area is in ERCOT.
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 extended and widespread power outage that
prompted the division to activate the alert system ends; 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 ERCOT organization,
the commission, or a public utility in adopting rules under
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.