Texas 2021 - 87th Regular

Texas Senate Bill SB865 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, et al. S.B. No. 865
	1	+	By: Creighton S.B. No. 865
	2	+	(In the Senate - Filed February 26, 2021; March 11, 2021,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	April 7, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 7, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 865 By: Creighton
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to a power outage alert system and a study on a statewide
7	14		disaster alert system.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Chapter 411, Government Code, is amended by
10	17		adding Subchapter K-1 to read as follows:
11	18		SUBCHAPTER K-1. POWER OUTAGE ALERT
12	19		Sec. 411.301. POWER OUTAGE ALERT. (a) With the cooperation
13	20		of the Texas Department of Transportation, the Texas Division of
14	21		Emergency Management, the office of the governor, and the Public
15	22		Utility Commission of Texas, the department shall develop and
16	23		implement an alert to be activated when the power supply in this
17	24		state may be inadequate to meet demand.
18	25		(b) The Public Utility Commission of Texas by rule shall
19	26		adopt criteria for the content and activation of the alert
20	27		described by Subsection (a). The criteria must provide for an alert
21	28		to be regional or statewide.
22	29		Sec. 411.302. ADMINISTRATION. (a) The director is the
23	30		statewide coordinator of the power outage alert.
24	31		(b) The director shall adopt rules and issue directives as
25	32		necessary to ensure proper implementation of the power outage
26	33		alert. The rules and directives must include the procedures to be
27	34		used by the Public Utility Commission of Texas and the independent
28	35		organization certified under Section 39.151, Utilities Code, to
29	36		communicate with the director about the power outage alert.
30	37		Sec. 411.303. DEPARTMENT TO RECRUIT PARTICIPANTS. The
31	38		department shall recruit public and commercial television and radio
32	39		broadcasters, private commercial entities, state or local
33	40		governmental entities, the public, and other appropriate persons to
34	41		assist in developing and implementing the power outage alert
35	42		system.
36	43		Sec. 411.304. STATE AGENCIES. (a) A state agency
37	44		participating in the power outage alert system shall:
38	45		(1) cooperate with the department and assist in
39	46		developing and implementing the alert system; and
40	47		(2) establish a plan for providing relevant
41	48		information to its officers, investigators, or employees, as
42	49		appropriate, once the power outage alert system has been activated.
43	50		(b) In addition to its duties as a state agency under
44	51		Subsection (a), the Texas Department of Transportation shall
45	52		establish a plan for providing relevant information to the public
46	53		through an existing system of dynamic message signs located across
47	54		this state.
48	55		Sec. 411.305. ACTIVATION OF POWER OUTAGE ALERT. (a) When
49	56		the Public Utility Commission of Texas or an independent
50	57		organization certified under Section 39.151, Utilities Code,
51	58		notifies the department that the power supply in this state or a
52	59		region of this state may be inadequate to meet demand, the
53	60		department shall confirm the accuracy of the information and, if
54	61		confirmed, immediately issue a power outage alert under this
55	62		subchapter in accordance with department rules.
56	63		(b) In issuing the power outage alert, the department shall
57	64		send the alert to designated media outlets in this state. Following
58	65		receipt of the alert, participating radio stations and television
59	66		stations and other participating media outlets may issue the alert
60	67		at designated intervals.
61	68		Sec. 411.306. CONTENT OF POWER OUTAGE ALERT. The power
62	69		outage alert must include a statement that electricity customers
63	70		may experience a power outage.
64	71		Sec. 411.307. TERMINATION OF POWER OUTAGE ALERT. The
65	72		director shall terminate any activation of the power outage alert
66	73		with respect to a particular energy emergency alert not later than
67	74		the date the department receives notice that the energy emergency
68	75		alert has been canceled.
69	76		Sec. 411.308. LIMITATION ON PARTICIPATION BY TEXAS
70	77		DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.305(b),
71	78		the Texas Department of Transportation is not required to use any
72	79		existing system of dynamic message signs in a statewide alert
73	80		system created under this subchapter if that department receives
74	81		notice from the United States Department of Transportation Federal
75	82		Highway Administration that the use of the signs would result in the
76	83		loss of federal highway funding or other punitive actions taken
77	84		against this state due to noncompliance with federal laws,
78	85		regulations, or policies.
79	86		SECTION 2. (a) In this section:
80	87		(1) "Alert system" means the standardized statewide
81	88		disaster alert system studied under this section.
82	89		(2) "Division" means the Texas Division of Emergency
83	90		Management.
84	91		(b) The division shall conduct a study on the efficacy of
85	92		existing mass notification deployments by local governmental
86	93		entities throughout this state and the feasibility of establishing
87	94		a statewide disaster alert system. The study must:
88	95		(1) identify the costs to local governmental entities
89	96		associated with existing local disaster alert or notification
90	97		systems;
91	98		(2) examine the potential benefits to local
92	99		governmental entities of implementing an alert system in
93	100		coordination with this state, including:
94	101		(A) improving this state's ability to coordinate
95	102		state and local responses to disasters; and
96	103		(B) eliminating barriers to successful mass
97	104		notification and communication encountered by local governmental
98	105		entities during disasters;
99	106		(3) examine the importance of a local governmental
100	107		entity's discretion regarding the entity's level and manner of
101	108		participation in the alert system;
102	109		(4) examine potential costs to local governmental
103	110		entities or this state associated with implementing the alert
104	111		system; and
105	112		(5) identify any state or local governmental entity
106	113		actions necessary to implement a comprehensive alert system.
107	114		(c) Not later than March 1, 2022, the division shall prepare
108	115		and submit to the governor, the lieutenant governor, and the
109	116		legislature a report on the findings of the study conducted under
110	117		this section.
111	118		(d) This section expires September 1, 2023.
112	119		SECTION 3. This Act takes effect immediately if it receives
113	120		a vote of two-thirds of all the members elected to each house, as
114	121		provided by Section 39, Article III, Texas Constitution. If this
115	122		Act does not receive the vote necessary for immediate effect, this
116	123		Act takes effect September 1, 2021.
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