1 | 1 | | 87R12356 JXC-D |
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2 | 2 | | By: Raymond H.B. No. 4230 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the emergency coordination of advanced communications |
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8 | 8 | | service. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle C, Title 2, Utilities Code, is amended |
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11 | 11 | | by adding Chapter 67 to read as follows: |
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12 | 12 | | CHAPTER 67. EMERGENCY COORDINATION OF ADVANCED COMMUNICATIONS |
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13 | 13 | | SERVICE |
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14 | 14 | | Sec. 67.0101. DEFINITION. In this chapter, "advanced |
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15 | 15 | | communications service" means: |
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16 | 16 | | (1) interconnected Voice over Internet Protocol |
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17 | 17 | | service, such as home telephone service provided by an Internet |
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18 | 18 | | service provider; |
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19 | 19 | | (2) non-interconnected Voice over Internet Protocol |
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20 | 20 | | service, such as using a computer to engage in voice communication |
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21 | 21 | | over the Internet; |
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22 | 22 | | (3) electronic messaging service, such as text |
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23 | 23 | | messaging, instant messaging, or e-mail; or |
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24 | 24 | | (4) interoperable videoconferencing service. |
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25 | 25 | | Sec. 67.0102. POWER TO REGULATE AND SUPERVISE. (a) The |
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26 | 26 | | commission has authority to regulate and supervise a provider of |
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27 | 27 | | advanced communications service for the purposes of this chapter. |
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28 | 28 | | (b) This chapter does not grant the commission authority to |
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29 | 29 | | regulate and supervise a provider of advanced communications |
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30 | 30 | | service for a purpose other than the purposes of this chapter. |
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31 | 31 | | Sec. 67.0103. EMERGENCY COORDINATION. (a) The commission |
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32 | 32 | | by rule shall provide for coordination among providers of advanced |
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33 | 33 | | communications service during times of emergency, including |
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34 | 34 | | requiring providers of wireless advanced communications service to |
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35 | 35 | | have in place reasonable roaming and peering agreements for times |
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36 | 36 | | of emergency that can be employed without additional negotiation. |
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37 | 37 | | (b) The commission shall distribute a set of recommended |
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38 | 38 | | best practices on how providers of advanced communications service |
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39 | 39 | | and providers of electricity service should coordinate in order to |
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40 | 40 | | ensure that advanced communications service remains operational |
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41 | 41 | | during times of emergency and preplanned power downs. |
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42 | 42 | | (c) The commission shall: |
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43 | 43 | | (1) establish a process by which providers of advanced |
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44 | 44 | | communications service and providers of electricity service share |
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45 | 45 | | information regarding prioritizing infrastructure that is used in |
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46 | 46 | | the provision of advanced communications service for restoring |
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47 | 47 | | power to best restore critical parts of advanced communications |
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48 | 48 | | service networks necessary for emergency response and restoration |
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49 | 49 | | efforts, in a manner that promotes the most efficient and effective |
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50 | 50 | | use of resources during times of emergency and preplanned power |
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51 | 51 | | outages; |
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52 | 52 | | (2) ensure that providers of advanced communications |
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53 | 53 | | service take reasonable and technically feasible measures to |
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54 | 54 | | integrate backup power, including generators and batteries, into |
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55 | 55 | | advanced communications service networks to continue the provision |
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56 | 56 | | of advanced communications service during and following times of |
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57 | 57 | | emergency and during preplanned power outages, with particular |
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58 | 58 | | focus on consumers' ability to send and receive emergency |
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59 | 59 | | communications; and |
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60 | 60 | | (3) take all necessary, reasonable measures to ensure |
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61 | 61 | | appropriate coordination, including at incident command centers |
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62 | 62 | | established during times of emergency, between providers of |
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63 | 63 | | electricity service and providers of advanced communications |
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64 | 64 | | service and, where appropriate, state and local representatives to |
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65 | 65 | | ensure the providers: |
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66 | 66 | | (A) are aware of where infrastructure used in the |
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67 | 67 | | provision of advanced communications service is located to avoid |
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68 | 68 | | inadvertently damaging such infrastructure and delaying |
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69 | 69 | | restoration of advanced communications service during and |
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70 | 70 | | following times of emergency and preplanned power outages; |
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71 | 71 | | (B) communicate with each other on a regular and |
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72 | 72 | | ongoing basis regarding the progress of network restoration during |
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73 | 73 | | and following times of emergency and preplanned power outages; and |
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74 | 74 | | (C) are aware of their respective restoration |
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75 | 75 | | plans, priorities, and critical sites in advance of any emergency, |
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76 | 76 | | as well as during and following times of emergency and preplanned |
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77 | 77 | | power outages. |
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78 | 78 | | SECTION 2. This Act takes effect September 1, 2021. |
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