87R9482 JAM-D
By: Hunter H.B. No. 3808
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a statewide alert system and
education program to improve water safety in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. JE'SANI ALERT SYSTEM FOR DANGEROUS WATER CONDITIONS
Sec. 411.541. DEFINITIONS. In this subchapter:
(1) "Alert system" means the Je'Sani Alert System.
(2) "Dangerous water condition" means a condition in a
major body of water that poses a threat to human life or safety and
includes rip currents, rapid changes in water temperature, and
storm surges.
Sec. 411.542. JE'SANI ALERT SYSTEM. (a) With the
cooperation of the Texas Department of Transportation, the office
of the governor, and other appropriate emergency response agencies,
the department shall implement the Je'Sani Alert System to be
activated to warn affected persons of a dangerous water condition.
(b) The alert system may be operated in conjunction with any
other emergency alert system required by federal or state law. The
alert system must be designed to notify potentially affected
persons of a dangerous water condition through available means
including:
(1) public and commercial television or radio
broadcasts;
(2) a system of dynamic message signs located across
the state, including on signs located along highways leading to
major bodies of water;
(3) posting on an Internet website operated by a
municipality, county, or state agency; and
(4) reverse 9-1-1 calls, text messages, e-mails,
social media, and other instant messaging systems.
Sec. 411.543. ADMINISTRATION; RULES. (a) The director is
the statewide coordinator of the alert system and shall ensure
effective implementation of the system.
(b) The director shall adopt rules to ensure effective
implementation of the alert system. The rules must include
instructions on the procedures for activating and deactivating the
alert system and updating alerts made by the system.
Sec. 411.544. PARTICIPATION BY OTHER PERSONS. (a) The
department shall recruit public and commercial television and radio
broadcasters, private commercial entities, state or local
governmental entities, the public, and other appropriate persons to
assist in developing and implementing the alert system.
(b) The department may enter into agreements with
participants in the alert system to provide necessary support for
the alert system.
Sec. 411.545. ACTIVATION OF ALERT SYSTEM. (a) The
department shall activate the alert system when the department
becomes aware of a dangerous water condition.
(b) In issuing the alert, the department shall send the
alert to designated media outlets in this state. Following receipt
of the alert, participating radio stations and television stations
and other participating media outlets may issue the alert at
designated intervals to assist in alerting the public to a
dangerous water condition.
(c) The department shall also send the alert to:
(1) any appropriate law enforcement agency; and
(2) the Texas Department of Transportation.
(d) The director may promulgate additional criteria under
Subsection (a) as necessary for the implementation of the alert
system.
Sec. 411.546. CONTENT OF ALERT. A notification issued
under the alert system must include the following:
(1) the name of the body of water in which the
dangerous water condition is to occur;
(2) the nature of the dangerous water condition;
(3) the county in which the body of water, or the
affected portion of the body of water, is located; and
(4) the expected duration of the dangerous water
condition.
Sec. 411.547. STATE AGENCIES. (a) A state agency
participating in the alert system shall:
(1) cooperate with the department and assist in
developing and implementing the alert system; and
(2) establish a plan for providing relevant
information to its officers or employees, as appropriate, once the
alert system has been activated.
(b) In addition to the requirements of Subsection (a), the
Texas Department of Transportation shall establish a plan for
providing relevant information to the public through an existing
system of dynamic message signs located across the state.
Sec. 411.548. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.457(b),
the Texas Department of Transportation is not required to use any
existing system of dynamic message signs in a program created under
this subchapter if that department receives notice from the United
States Department of Transportation Federal Highway Administration
that the use of the signs would result in the loss of federal
highway funding or other punitive actions taken against this state
due to noncompliance with federal laws, regulations, or policies.
Sec. 411.549. TERMINATION. The director shall terminate an
activation of the alert system when the dangerous water condition
has passed.
SECTION 2. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.623 to read as follows:
Sec. 201.623. KNOW THE FLAGS PROGRAM. (a) The department
by rule shall establish a program that promotes beach safety by:
(1) educating residents of this state about dangerous
conditions that may exist at beaches in this state, including rip
currents;
(2) informing residents of this state of precautions
that may help avoid encountering the dangerous conditions described
by Subdivision (1), including information about the system of flags
on public beaches that warn of dangerous tides and water
conditions; and
(3) disseminating the information described by this
section through:
(A) public and commercial television or radio
broadcasts;
(B) a system of dynamic message signs located
across the state, including on signs located along highways leading
to major bodies of water; and
(C) posting on an Internet website operated by a
governmental entity.
(b) A local government may work with the department to
participate in the program.
(c) The department shall post a sign that complies with
program requirements at a major highway leading to a public beach at
the time a previously posted sign identifying the crossing or
prohibiting dumping at the crossing is scheduled to be replaced.
(d) Notwithstanding Subsection (a)(3)(B), the department is
not required to use any existing system of dynamic message signs in
a program created under this section if the department receives
notice from the United States Department of Transportation Federal
Highway Administration that the use of the signs would result in the
loss of federal highway funding or other punitive actions taken
against this state due to noncompliance with federal laws,
regulations, or policies.
SECTION 3. This Act takes effect September 1, 2021.