87R12356 JXC-D
By: Raymond H.B. No. 4230
A BILL TO BE ENTITLED
AN ACT
relating to the emergency coordination of advanced communications
service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Utilities Code, is amended
by adding Chapter 67 to read as follows:
CHAPTER 67. EMERGENCY COORDINATION OF ADVANCED COMMUNICATIONS
SERVICE
Sec. 67.0101. DEFINITION. In this chapter, "advanced
communications service" means:
(1) interconnected Voice over Internet Protocol
service, such as home telephone service provided by an Internet
service provider;
(2) non-interconnected Voice over Internet Protocol
service, such as using a computer to engage in voice communication
over the Internet;
(3) electronic messaging service, such as text
messaging, instant messaging, or e-mail; or
(4) interoperable videoconferencing service.
Sec. 67.0102. POWER TO REGULATE AND SUPERVISE. (a) The
commission has authority to regulate and supervise a provider of
advanced communications service for the purposes of this chapter.
(b) This chapter does not grant the commission authority to
regulate and supervise a provider of advanced communications
service for a purpose other than the purposes of this chapter.
Sec. 67.0103. EMERGENCY COORDINATION. (a) The commission
by rule shall provide for coordination among providers of advanced
communications service during times of emergency, including
requiring providers of wireless advanced communications service to
have in place reasonable roaming and peering agreements for times
of emergency that can be employed without additional negotiation.
(b) The commission shall distribute a set of recommended
best practices on how providers of advanced communications service
and providers of electricity service should coordinate in order to
ensure that advanced communications service remains operational
during times of emergency and preplanned power downs.
(c) The commission shall:
(1) establish a process by which providers of advanced
communications service and providers of electricity service share
information regarding prioritizing infrastructure that is used in
the provision of advanced communications service for restoring
power to best restore critical parts of advanced communications
service networks necessary for emergency response and restoration
efforts, in a manner that promotes the most efficient and effective
use of resources during times of emergency and preplanned power
outages;
(2) ensure that providers of advanced communications
service take reasonable and technically feasible measures to
integrate backup power, including generators and batteries, into
advanced communications service networks to continue the provision
of advanced communications service during and following times of
emergency and during preplanned power outages, with particular
focus on consumers' ability to send and receive emergency
communications; and
(3) take all necessary, reasonable measures to ensure
appropriate coordination, including at incident command centers
established during times of emergency, between providers of
electricity service and providers of advanced communications
service and, where appropriate, state and local representatives to
ensure the providers:
(A) are aware of where infrastructure used in the
provision of advanced communications service is located to avoid
inadvertently damaging such infrastructure and delaying
restoration of advanced communications service during and
following times of emergency and preplanned power outages;
(B) communicate with each other on a regular and
ongoing basis regarding the progress of network restoration during
and following times of emergency and preplanned power outages; and
(C) are aware of their respective restoration
plans, priorities, and critical sites in advance of any emergency,
as well as during and following times of emergency and preplanned
power outages.
SECTION 2. This Act takes effect September 1, 2021.