Texas 2021 - 87th Regular

Texas House Bill HB12 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R16127 BRG-F
1	2		By: Raymond, Paddie, Hernandez, Bonnen, H.B. No. 12
2	3		Button, et al.
	4	+	Substitute the following for H.B. No. 12:
	5	+	By: Deshotel C.S.H.B. No. 12
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to a study on a statewide disaster alert system and
8		-	implementation of that system and to notice to elected officials of
9		-	a widespread power, water, or natural gas outage or emergency.
	11	+	implementation of that system.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Chapter 418, Government Code, is amended by
12	14		adding Subchapter J to read as follows:
13	15		SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM
14	16		Sec. 418.301. DEFINITIONS. In this subchapter:
15	17		(1) "Alert system" means the standardized statewide
16	18		disaster alert system described by this subchapter.
17	19		(2) "Commission" means the Public Utility Commission
18	20		of Texas.
19	21		(3) "Disaster" has the meaning assigned by Section
20	22		418.004 and includes a widespread power outage lasting longer than
21	23		24 hours.
22	24		(4) "ERCOT" has the meaning assigned by Section
23	25		31.002, Utilities Code.
24	26		(5) "ERCOT organization" means the independent
25	27		organization certified under Section 39.151, Utilities Code, for
26	28		the ERCOT power region.
27	29		(6) "Public utility" means an entity that generates,
28	30		transmits, or distributes electric energy to the public, including
29	31		an electric cooperative, an electric utility, a municipally owned
30	32		utility, or a river authority.
31	33		Sec. 418.3015. STUDY ON STATEWIDE DISASTER ALERT SYSTEM.
32	34		(a) The division shall conduct a study on the efficacy of existing
33	35		mass notification deployments by local governmental entities
34	36		throughout this state and the feasibility of establishing a
35	37		statewide disaster alert system. The study must:
36	38		(1) identify the costs to local governmental entities
37	39		associated with existing local disaster alert or notification
38	40		systems;
39	41		(2) examine the potential benefits to local
40	42		governmental entities of implementing an alert system in
41	43		coordination with this state, including:
42	44		(A) improving this state's ability to coordinate
43	45		state and local responses to disasters; and
44	46		(B) eliminating barriers to successful mass
45	47		notification and communication encountered by local governmental
46	48		entities during disasters;
47	49		(3) examine the importance of a local governmental
48	50		entity's discretion regarding the entity's level and manner of
49	51		participation in the alert system;
50	52		(4) examine potential costs to local governmental
51	53		entities or this state associated with implementing the alert
52	54		system;
53	55		(5) examine the ability of local governmental entities
54	56		to communicate with the ERCOT organization, the commission, and
55	57		public utilities that serve the jurisdictions of the local
56		-	governmental entities and make recommendations on methods to
57		-	improve communication and coordination between local governmental
58		-	entities, the ERCOT organization, the commission, and public
59		-	utilities that serve the jurisdictions of the local governmental
60		-	entities, if necessary; and
	58	+	governmental entities; and
61	59		(6) identify any state or local governmental entity
62	60		actions necessary to implement a comprehensive alert system
63	61		designed to communicate information about disasters, including an
64	62		extended and widespread power outage.
65	63		(b) On request of the division, the ERCOT organization, the
66	64		commission, and any public utility shall provide information
67	65		necessary to evaluate the implementation of a comprehensive alert
68	66		system. Information provided to the division under this subsection
69	67		is confidential and not subject to disclosure under Chapter 552.
70	68		(c) Not later than March 1, 2022, the division shall prepare
71	69		and submit to the governor, the lieutenant governor, and the
72	70		legislature a report on the findings of the study.
73	71		(d) This section expires September 1, 2027.
74	72		Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The
75	73		division, with the cooperation of the office of the governor, the
76		-	commission, and the ERCOT organization, ~~shall~~ develop and implement
77		-	a statewide disaster alert system to activate in the event of a
	74	+	commission, and the ERCOT organization, may develop and implement a
	75	+	statewide disaster alert system to activate in the event of a
78	76		disaster affecting any location in this state.
79		-	(a-1) An alert system developed under this subchapter must
80		-	be based on the findings of the study conducted under Section
81		-	418.3015. This subsection expires September 1, 2027.
82		-	(b) A local governmental entity may use available local
83		-	funds for the purpose of participating in an alert system
84		-	implemented under this subchapter and may contract with the
	77	+	(a-1) If, based on the findings of the study conducted under
	78	+	Section 418.3015, the division and office of the governor conclude
	79	+	that the benefits to this state and local governmental entities of
	80	+	implementing a coordinated alert system outweigh any additional
	81	+	costs, the division, with the cooperation of the office, other
	82	+	appropriate state agencies, and the ERCOT organization, and using
	83	+	money available for the purpose, shall develop and implement the
	84	+	alert system. This subsection expires September 1, 2027.
	85	+	(b) A local governmental entity that chooses to participate
	86	+	in an alert system implemented under this subchapter may use
	87	+	available local funds for that purpose and may contract with the
85	88		department for services associated with the alert system. A local
86	89		governmental entity is not required to use local funds to assist a
87	90		public utility with participating in the alert system.
88		-	(c) Each local governmental entity and public utility in
89		-	this state shall participate in an alert system implemented under
90		-	this subchapter.
91		-	(d) An alert system implemented under this subchapter shall
	91	+	(c) Each public utility shall participate in an alert system
	92	+	implemented under this subchapter.
	93	+	(d) An alert system implemented under this subchapter may
92	94		be:
93	95		(1) operated in conjunction with any other emergency
94	96		alert system required by federal or state law; and
95	97		(2) designed to notify persons statewide of a disaster
96	98		affecting any location in this state.
97	99		(e) An alert system implemented under this subchapter and
98	100		designed to communicate information about an extended and
99	101		widespread power outage must apply to areas outside of ERCOT.
100	102		Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the
101	103		division determines a disaster has occurred or the occurrence or
102	104		threat of disaster is imminent or is notified of a declaration of
103		-	disaster under this chapter, the division shall immediately
104		-	activate any alert system implemented under this subchapter. A
105		-	local governmental entity shall, in coordination with the division,
106		-	choose the manner in which the alert system is activated and
107		-	notifications are issued within the entity's geographic region.
	105	+	disaster under this chapter, the division may immediately activate
	106	+	any alert system implemented under this subchapter. A
	107	+	participating local governmental entity may, in coordination with
	108	+	the division, choose the manner in which the alert system is
	109	+	activated and notifications are issued within the entity's
	110	+	geographic region.
108	111		(b) The division, or local governmental entity, as
109		-	appropriate, ~~shall~~ issue updated notifications for the duration of
	112	+	appropriate, may issue updated notifications for the duration of
110	113		the disaster.
111		-	(c) A public utility shall notify the following of a
112		-	widespread power outage that is likely to last more than 24 hours:
	114	+	(c) A public utility shall notify the following entities of
	115	+	a widespread power outage that is likely to last more than 24 hours:
113	116		(1) the division;
114		-	(2) the commission;
	117	+	(2) the commission; and
115	118		(3) the ERCOT organization, if the utility's service
116		-	area is in ERCOT; and
117		-	(4) customers served by the public utility.
	119	+	area is in ERCOT.
118	120		Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A
119	121		notification issued under an alert system implemented under this
120		-	subchapter:
121		-	(1) must be issued in English, Spanish, and any other
122		-	language that the division considers necessary; and
123		-	(2) shall include information necessary to:
124		-	(A) assist a person affected by the disaster with
	122	+	subchapter may include information necessary to:
	123	+	(1) assist a person affected by the disaster with
125	124		making informed decisions regarding the person's safety; and
126		-	(B) enable a person in another location in this
127		-	~~state~~ to assist an affected person.
	125	+	(2) enable a person in another location in this state
	126	+	to assist an affected person.
128	127		Sec. 418.305. TERMINATION OF ALERT SYSTEM. The division
129	128		may terminate the activation of an alert system when:
130	129		(1) the division determines that:
131	130		(A) the threat or danger has passed; or
132	131		(B) the disaster has been addressed to the extent
133	132		that emergency conditions no longer exist;
134	133		(2) the extended and widespread power outage that
135	134		prompted the division to activate the alert system ends; or
136	135		(3) the state of disaster is terminated as provided by
137	136		this chapter.
138		-	Sec. 418.306. RULES. (a) The division ~~shall~~ adopt rules
	137	+	Sec. 418.306. RULES. (a) The division may adopt rules
139	138		necessary to implement this subchapter.
140	139		(b) The division may consult with the ERCOT organization,
141	140		the commission, or a public utility in adopting rules under
142	141		Subsection (a).
143		-	SECTION 2. Subchapter A, Chapter 31, Utilities Code, is
144		-	amended by adding Section 31.006 to read as follows:
145		-	Sec. 31.006. NOTICE TO ELECTED OFFICIALS REQUIRED. As soon
146		-	as practicable after an electric utility, municipally owned
147		-	utility, or electric cooperative experiences a widespread power
148		-	outage or a widespread electric service emergency, the utility or
149		-	cooperative shall notify by telephone and e-mail each:
150		-	(1) United States senator who represents this state;
151		-	(2) member of the United States House of
152		-	Representatives who represents a district affected by the
153		-	disruption or emergency;
154		-	(3) statewide elected official;
155		-	(4) member of the legislature who represents a
156		-	district affected by the disruption or emergency;
157		-	(5) elected official of a county government who
158		-	represents an area affected by the disruption or emergency; and
159		-	(6) elected official of a municipal government who
160		-	represents an area affected by the disruption or emergency.
161		-	SECTION 3. Subchapter A, Chapter 104, Utilities Code, is
162		-	amended by adding Section 104.009 to read as follows:
163		-	Sec. 104.009. NOTICE TO ELECTED OFFICIALS REQUIRED. As
164		-	soon as practicable after a gas utility, municipally owned utility,
165		-	or electric cooperative experiences a widespread natural gas
166		-	shortage or a widespread natural gas service emergency, the utility
167		-	or cooperative shall notify by telephone and e-mail each:
168		-	(1) United States senator who represents this state;
169		-	(2) member of the United States House of
170		-	Representatives who represents a district affected by the
171		-	disruption or emergency;
172		-	(3) statewide elected official;
173		-	(4) member of the legislature who represents a
174		-	district affected by the disruption or emergency;
175		-	(5) elected official of a county government who
176		-	represents an area affected by the disruption or emergency; and
177		-	(6) elected official of a municipal government who
178		-	represents an area affected by the disruption or emergency.
179		-	SECTION 4. Subchapter E, Chapter 13, Water Code, is amended
180		-	by adding Section 13.1397 to read as follows:
181		-	Sec. 13.1397. NOTICE TO ELECTED OFFICIALS REQUIRED. As
182		-	soon as practicable after a retail public utility experiences a
183		-	widespread water service outage or a widespread water service
184		-	emergency, the utility shall notify by telephone and e-mail each:
185		-	(1) United States senator who represents this state;
186		-	(2) member of the United States House of
187		-	Representatives who represents a district affected by the
188		-	disruption or emergency;
189		-	(3) statewide elected official;
190		-	(4) member of the legislature who represents a
191		-	district affected by the disruption or emergency;
192		-	(5) elected official of a county government who
193		-	represents an area affected by the disruption or emergency; and
194		-	(6) elected official of a municipal government who
195		-	represents an area affected by the disruption or emergency.
196		-	SECTION 5. (a) As soon as practicable after the effective
197		-	date of this Act:
	142	+	SECTION 2. As soon as practicable after the effective date
	143	+	of this Act:
198	144		(1) the Texas Division of Emergency Management shall
199	145		conduct the study required by Section 418.3015, Government Code, as
200	146		added by this Act; and
201		-	(2) based on the results of the study, the chief of the
202		-	Texas Division of Emergency Management shall implement an alert
203		-	system under Subchapter J, Chapter 418, Government Code, as added
204		-	by this Act.
205		-	(b) In the period beginning on the effective date of this
206		-	Act and ending on the date that the Texas Division of Emergency
207		-	Management implements an alert system under Subchapter J, Chapter
208		-	418, Government Code, as added by this Act, until the division
209		-	implements that alert system, the division shall provide notices,
210		-	through delivery methods and means commonly employed to ensure
211		-	delivery during a hurricane, tornado, or other severe weather
212		-	event, to individuals in this state located in areas that are likely
213		-	to be impacted by severe weather emergencies. A notice must include
214		-	information necessary to assist an individual with making informed
215		-	decisions regarding the individual's safety.
216		-	SECTION 6. This Act takes effect immediately if it receives
	147	+	(2) based on the results of the study, if applicable,
	148	+	the chief of the Texas Division of Emergency Management shall
	149	+	implement an alert system under Subchapter J, Chapter 418,
	150	+	Government Code, as added by this Act.
	151	+	SECTION 3. This Act takes effect immediately if it receives
217	152		a vote of two-thirds of all the members elected to each house, as
218	153		provided by Section 39, Article III, Texas Constitution. If this
219	154		Act does not receive the vote necessary for immediate effect, this
220	155		Act takes effect September 1, 2021.