Texas 2021 - 87th Regular

Texas House Bill HB3808 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9482 JAM-D
2	2	By: Hunter H.B. No. 3808
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a statewide alert system and
8	8	education program to improve water safety in the state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter S to read as follows:
12	12	SUBCHAPTER S. JE'SANI ALERT SYSTEM FOR DANGEROUS WATER CONDITIONS
13	13	Sec. 411.541. DEFINITIONS. In this subchapter:
14	14	(1) "Alert system" means the Je'Sani Alert System.
15	15	(2) "Dangerous water condition" means a condition in a
16	16	major body of water that poses a threat to human life or safety and
17	17	includes rip currents, rapid changes in water temperature, and
18	18	storm surges.
19	19	Sec. 411.542. JE'SANI ALERT SYSTEM. (a) With the
20	20	cooperation of the Texas Department of Transportation, the office
21	21	of the governor, and other appropriate emergency response agencies,
22	22	the department shall implement the Je'Sani Alert System to be
23	23	activated to warn affected persons of a dangerous water condition.
24	24	(b) The alert system may be operated in conjunction with any
25	25	other emergency alert system required by federal or state law. The
26	26	alert system must be designed to notify potentially affected
27	27	persons of a dangerous water condition through available means
28	28	including:
29	29	(1) public and commercial television or radio
30	30	broadcasts;
31	31	(2) a system of dynamic message signs located across
32	32	the state, including on signs located along highways leading to
33	33	major bodies of water;
34	34	(3) posting on an Internet website operated by a
35	35	municipality, county, or state agency; and
36	36	(4) reverse 9-1-1 calls, text messages, e-mails,
37	37	social media, and other instant messaging systems.
38	38	Sec. 411.543. ADMINISTRATION; RULES. (a) The director is
39	39	the statewide coordinator of the alert system and shall ensure
40	40	effective implementation of the system.
41	41	(b) The director shall adopt rules to ensure effective
42	42	implementation of the alert system. The rules must include
43	43	instructions on the procedures for activating and deactivating the
44	44	alert system and updating alerts made by the system.
45	45	Sec. 411.544. PARTICIPATION BY OTHER PERSONS. (a) The
46	46	department shall recruit public and commercial television and radio
47	47	broadcasters, private commercial entities, state or local
48	48	governmental entities, the public, and other appropriate persons to
49	49	assist in developing and implementing the alert system.
50	50	(b) The department may enter into agreements with
51	51	participants in the alert system to provide necessary support for
52	52	the alert system.
53	53	Sec. 411.545. ACTIVATION OF ALERT SYSTEM. (a) The
54	54	department shall activate the alert system when the department
55	55	becomes aware of a dangerous water condition.
56	56	(b) In issuing the alert, the department shall send the
57	57	alert to designated media outlets in this state. Following receipt
58	58	of the alert, participating radio stations and television stations
59	59	and other participating media outlets may issue the alert at
60	60	designated intervals to assist in alerting the public to a
61	61	dangerous water condition.
62	62	(c) The department shall also send the alert to:
63	63	(1) any appropriate law enforcement agency; and
64	64	(2) the Texas Department of Transportation.
65	65	(d) The director may promulgate additional criteria under
66	66	Subsection (a) as necessary for the implementation of the alert
67	67	system.
68	68	Sec. 411.546. CONTENT OF ALERT. A notification issued
69	69	under the alert system must include the following:
70	70	(1) the name of the body of water in which the
71	71	dangerous water condition is to occur;
72	72	(2) the nature of the dangerous water condition;
73	73	(3) the county in which the body of water, or the
74	74	affected portion of the body of water, is located; and
75	75	(4) the expected duration of the dangerous water
76	76	condition.
77	77	Sec. 411.547. STATE AGENCIES. (a) A state agency
78	78	participating in the alert system shall:
79	79	(1) cooperate with the department and assist in
80	80	developing and implementing the alert system; and
81	81	(2) establish a plan for providing relevant
82	82	information to its officers or employees, as appropriate, once the
83	83	alert system has been activated.
84	84	(b) In addition to the requirements of Subsection (a), the
85	85	Texas Department of Transportation shall establish a plan for
86	86	providing relevant information to the public through an existing
87	87	system of dynamic message signs located across the state.
88	88	Sec. 411.548. LIMITATION ON PARTICIPATION BY TEXAS
89	89	DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.457(b),
90	90	the Texas Department of Transportation is not required to use any
91	91	existing system of dynamic message signs in a program created under
92	92	this subchapter if that department receives notice from the United
93	93	States Department of Transportation Federal Highway Administration
94	94	that the use of the signs would result in the loss of federal
95	95	highway funding or other punitive actions taken against this state
96	96	due to noncompliance with federal laws, regulations, or policies.
97	97	Sec. 411.549. TERMINATION. The director shall terminate an
98	98	activation of the alert system when the dangerous water condition
99	99	has passed.
100	100	SECTION 2. Subchapter H, Chapter 201, Transportation Code,
101	101	is amended by adding Section 201.623 to read as follows:
102	102	Sec. 201.623. KNOW THE FLAGS PROGRAM. (a) The department
103	103	by rule shall establish a program that promotes beach safety by:
104	104	(1) educating residents of this state about dangerous
105	105	conditions that may exist at beaches in this state, including rip
106	106	currents;
107	107	(2) informing residents of this state of precautions
108	108	that may help avoid encountering the dangerous conditions described
109	109	by Subdivision (1), including information about the system of flags
110	110	on public beaches that warn of dangerous tides and water
111	111	conditions; and
112	112	(3) disseminating the information described by this
113	113	section through:
114	114	(A) public and commercial television or radio
115	115	broadcasts;
116	116	(B) a system of dynamic message signs located
117	117	across the state, including on signs located along highways leading
118	118	to major bodies of water; and
119	119	(C) posting on an Internet website operated by a
120	120	governmental entity.
121	121	(b) A local government may work with the department to
122	122	participate in the program.
123	123	(c) The department shall post a sign that complies with
124	124	program requirements at a major highway leading to a public beach at
125	125	the time a previously posted sign identifying the crossing or
126	126	prohibiting dumping at the crossing is scheduled to be replaced.
127	127	(d) Notwithstanding Subsection (a)(3)(B), the department is
128	128	not required to use any existing system of dynamic message signs in
129	129	a program created under this section if the department receives
130	130	notice from the United States Department of Transportation Federal
131	131	Highway Administration that the use of the signs would result in the
132	132	loss of federal highway funding or other punitive actions taken
133	133	against this state due to noncompliance with federal laws,
134	134	regulations, or policies.
135	135	SECTION 3. This Act takes effect September 1, 2021.