Bill Text: TX HB12 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a study on a statewide disaster alert system and implementation of that system and to notice to elected officials of a widespread power, water, or natural gas outage or emergency.
Spectrum: Slight Partisan Bill (Republican 27-13)
Status: (Engrossed - Dead) 2021-05-03 - Left pending in committee [HB12 Detail]
Download: Texas-2021-HB12-Introduced.html
Bill Title: Relating to a study on a statewide disaster alert system and implementation of that system and to notice to elected officials of a widespread power, water, or natural gas outage or emergency.
Spectrum: Slight Partisan Bill (Republican 27-13)
Status: (Engrossed - Dead) 2021-05-03 - Left pending in committee [HB12 Detail]
Download: Texas-2021-HB12-Introduced.html
By: Raymond | H.B. No. 12 |
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relating to a study on a statewide disaster and extended power | ||
outage alert system and implementation of that system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 418, Government Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM | ||
Sec. 418.301. DEFINITION. In this subchapter: | ||
(1) "Alert system" means the standardized statewide | ||
disaster alert system described by this subchapter; | ||
(2) "Commission" means the public utility commission | ||
of Texas; | ||
(3) "Disaster" has the meaning assigned by Section | ||
418.001 and includes an extended power outage; | ||
(4) "Electric utility" means an entity, including a | ||
river authority, electric cooperative, or municipally owned | ||
utility, that: | ||
(A) provides power generation service in this | ||
state; or | ||
(B) provides transmission or distribution | ||
service in this state; | ||
(5) "ERCOT" means the Electric Reliability Council of | ||
Texas or a successor independent organization established by the | ||
commission under Chapter 39.151, Utilities Code; | ||
(6) "Extended power outage" means a power outage | ||
lasting more than 24 hours. | ||
Sec. 418.3015. STUDY ON STATEWIDE DISASTER ALERT SYSTEM. | ||
(a) The division shall conduct a study on the efficacy of existing | ||
mass notification deployments by local governmental entities | ||
throughout this state and the feasibility of establishing a | ||
statewide disaster alert system. The study must: | ||
(1) identify the costs to local governmental entities | ||
associated with existing local disaster alert or notification | ||
systems; | ||
(2) examine the potential benefits to local | ||
governmental entities of implementing an alert system in | ||
coordination with this state, including: | ||
(A) improving this state's ability to coordinate | ||
state and local responses to disasters; and | ||
(B) eliminating barriers to successful mass | ||
notification and communication encountered by local governmental | ||
entities during disasters; | ||
(3) examine the importance of a local governmental | ||
entity's discretion regarding the entity's level and manner of | ||
participation in the alert system; | ||
(4) examine potential costs to local governmental | ||
entities or this state associated with implementing the alert | ||
system; | ||
(5) examine the ability of local governments to | ||
communicate with ERCOT, the PUC, and electric utilities that serve | ||
their area; | ||
(6) identify any state or local governmental entity | ||
actions necessary to implement a comprehensive alert system that | ||
would include alerts related to extended power outages. | ||
(b) Not later than March 1, 2022, the division shall prepare | ||
and submit to the governor, the lieutenant governor, and the | ||
legislature a report on the findings of the study. | ||
(c) An electric utility, ERCOT, and the commission shall | ||
provide information related to the implementation of a | ||
comprehensive alert system to the division on request. Information | ||
provide to the division, the commission, or ERCOT under this | ||
subchapter is confidential and excepted from disclosure under | ||
Chapter 552, Government Code. | ||
(c) This section expires September 1, 2027. | ||
Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The | ||
division, with the cooperation of the office of the governor, the | ||
commission, and ERCOT, may develop and implement a statewide | ||
disaster alert system to activate in the event of a disaster | ||
affecting any location in this state. | ||
(a-1) If, based on the findings of the study conducted under | ||
Section 418.3015, the division and office of the governor conclude | ||
that the benefits to this state and local governmental entities of | ||
implementing a coordinated alert system outweigh any additional | ||
costs, the division, with the cooperation of the office and other | ||
appropriate state agencies and using money available for the | ||
purpose, shall develop and implement the alert system. This | ||
subsection expires September 1, 2027. | ||
(b) A local governmental entity that chooses to participate | ||
in an alert system implemented under this subchapter may use | ||
available local funds for that purpose and may contract with the | ||
department for services associated with the alert system. A local | ||
governmental entity is not required to use local funds to allow an | ||
electric utility to participate in the alert system. | ||
(c) An alert system implemented under this subchapter may | ||
be: | ||
(1) operated in conjunction with any other emergency | ||
alert system required by federal or state law; and | ||
(2) designed to notify persons statewide of a disaster | ||
affecting any location in this state. | ||
(d) An alert system implemented under this subchapter | ||
designed to communicate about an extended power outage must apply | ||
to areas served by non-ERCOT utilities. | ||
Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the | ||
division determines a disaster has occurred or the occurrence or | ||
threat of disaster is imminent or is notified of a declaration of | ||
disaster under this chapter, the division may immediately activate | ||
any alert system implemented under this subchapter. A participating | ||
local governmental entity may, in coordination with the division, | ||
choose the manner in which the alert system is activated and | ||
notifications are issued within the entity's geographic region. | ||
(b) The division, or local governmental entity, as | ||
appropriate, may issue updated notifications for the duration of | ||
the disaster. | ||
(c) An electric utility shall notify ERCOT, the commission, | ||
and the division of an interruption in service that is likely to | ||
last more than 24 hours. | ||
Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A | ||
notification issued under an alert system implemented under this | ||
subchapter may include information necessary to: | ||
(1) assist a person affected by the disaster with | ||
making informed decisions regarding the person's safety; and | ||
(2) enable a person in another location in this state | ||
to assist an affected person. | ||
Sec. 418.305. TERMINATION OF ALERT SYSTEM. The division may | ||
terminate the activation of an alert system when: | ||
(1) the division determines that: | ||
(A) the threat or danger has passed; or | ||
(B) the disaster has been addressed to the extent | ||
that emergency conditions no longer exist | ||
(2) the service interruption caused by the extended | ||
power outage has ended; or | ||
(3) the state of disaster is terminated as provided by | ||
this chapter. | ||
Sec. 418.306. RULES. (a) The division may adopt rules | ||
necessary to implement this subchapter. | ||
(b) The division may consult with the commission, ERCOT, or | ||
an electric utility when drafting the rules required by subsection | ||
(a) | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the Texas Division of Emergency Management shall | ||
conduct the study required by Section 418.3015, Government Code, as | ||
added by this Act; and | ||
(2) based on the results of the study, if applicable, | ||
the chief of the Texas Division of Emergency Management shall | ||
implement an alert system under Subchapter J, Chapter 418, | ||
Government Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |