By: Raymond, Paddie, Hernandez, Bonnen, H.B. No. 12
Button, et al.
A BILL TO BE ENTITLED
AN ACT
relating to a study on a statewide disaster alert system and
implementation of that system and to notice to elected officials of
a widespread power, water, or natural gas outage or emergency.
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 make recommendations on methods to
improve communication and coordination between local governmental
entities, the ERCOT organization, the commission, and public
utilities that serve the jurisdictions of the local governmental
entities, if necessary; 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, shall develop and implement
a statewide disaster alert system to activate in the event of a
disaster affecting any location in this state.
(a-1) An alert system developed under this subchapter must
be based on the findings of the study conducted under Section
418.3015. This subsection expires September 1, 2027.
(b) A local governmental entity may use available local
funds for the purpose of participating in an alert system
implemented under this subchapter 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 local governmental entity and public utility in
this state shall participate in an alert system implemented under
this subchapter.
(d) An alert system implemented under this subchapter shall
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 shall immediately
activate any alert system implemented under this subchapter. A
local governmental entity shall, 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, shall issue updated notifications for the duration of
the disaster.
(c) A public utility shall notify the following of a
widespread power outage that is likely to last more than 24 hours:
(1) the division;
(2) the commission;
(3) the ERCOT organization, if the utility's service
area is in ERCOT; and
(4) customers served by the public utility.
Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A
notification issued under an alert system implemented under this
subchapter:
(1) must be issued in English, Spanish, and any other
language that the division considers necessary; and
(2) shall include information necessary to:
(A) assist a person affected by the disaster with
making informed decisions regarding the person's safety; and
(B) 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 shall 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. Subchapter A, Chapter 31, Utilities Code, is
amended by adding Section 31.006 to read as follows:
Sec. 31.006. NOTICE TO ELECTED OFFICIALS REQUIRED. As soon
as practicable after an electric utility, municipally owned
utility, or electric cooperative experiences a widespread power
outage or a widespread electric service emergency, the utility or
cooperative shall notify by telephone and e-mail each:
(1) United States senator who represents this state;
(2) member of the United States House of
Representatives who represents a district affected by the
disruption or emergency;
(3) statewide elected official;
(4) member of the legislature who represents a
district affected by the disruption or emergency;
(5) elected official of a county government who
represents an area affected by the disruption or emergency; and
(6) elected official of a municipal government who
represents an area affected by the disruption or emergency.
SECTION 3. Subchapter A, Chapter 104, Utilities Code, is
amended by adding Section 104.009 to read as follows:
Sec. 104.009. NOTICE TO ELECTED OFFICIALS REQUIRED. As
soon as practicable after a gas utility, municipally owned utility,
or electric cooperative experiences a widespread natural gas
shortage or a widespread natural gas service emergency, the utility
or cooperative shall notify by telephone and e-mail each:
(1) United States senator who represents this state;
(2) member of the United States House of
Representatives who represents a district affected by the
disruption or emergency;
(3) statewide elected official;
(4) member of the legislature who represents a
district affected by the disruption or emergency;
(5) elected official of a county government who
represents an area affected by the disruption or emergency; and
(6) elected official of a municipal government who
represents an area affected by the disruption or emergency.
SECTION 4. Subchapter E, Chapter 13, Water Code, is amended
by adding Section 13.1397 to read as follows:
Sec. 13.1397. NOTICE TO ELECTED OFFICIALS REQUIRED. As
soon as practicable after a retail public utility experiences a
widespread water service outage or a widespread water service
emergency, the utility shall notify by telephone and e-mail each:
(1) United States senator who represents this state;
(2) member of the United States House of
Representatives who represents a district affected by the
disruption or emergency;
(3) statewide elected official;
(4) member of the legislature who represents a
district affected by the disruption or emergency;
(5) elected official of a county government who
represents an area affected by the disruption or emergency; and
(6) elected official of a municipal government who
represents an area affected by the disruption or emergency.
SECTION 5. (a) 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, 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.
(b) In the period beginning on the effective date of this
Act and ending on the date that the Texas Division of Emergency
Management implements an alert system under Subchapter J, Chapter
418, Government Code, as added by this Act, until the division
implements that alert system, the division shall provide notices,
through delivery methods and means commonly employed to ensure
delivery during a hurricane, tornado, or other severe weather
event, to individuals in this state located in areas that are likely
to be impacted by severe weather emergencies. A notice must include
information necessary to assist an individual with making informed
decisions regarding the individual's safety.
SECTION 6. 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.