Bill Text: TX HB12 | 2021-2022 | 87th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
87R16127 BRG-F | |||
By: Raymond, Paddie, Hernandez, Bonnen, | H.B. No. 12 | ||
Button, et al. | |||
Substitute the following for H.B. No. 12: | |||
By: Deshotel | C.S.H.B. No. 12 |
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relating to a study on a statewide disaster 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. DEFINITIONS. 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 | ||
418.004 and includes a widespread power outage lasting longer than | ||
24 hours. | ||
(4) "ERCOT" has the meaning assigned by Section | ||
31.002, Utilities Code. | ||
(5) "ERCOT organization" means the independent | ||
organization certified under Section 39.151, Utilities Code, for | ||
the ERCOT power region. | ||
(6) "Public utility" means an entity that generates, | ||
transmits, or distributes electric energy to the public, including | ||
an electric cooperative, an electric utility, a municipally owned | ||
utility, or a river authority. | ||
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 governmental entities | ||
to communicate with the ERCOT organization, the commission, and | ||
public utilities that serve the jurisdictions of the local | ||
governmental entities; and | ||
(6) identify any state or local governmental entity | ||
actions necessary to implement a comprehensive alert system | ||
designed to communicate information about disasters, including an | ||
extended and widespread power outage. | ||
(b) On request of the division, the ERCOT organization, the | ||
commission, and any public utility shall provide information | ||
necessary to evaluate the implementation of a comprehensive alert | ||
system. Information provided to the division under this subsection | ||
is confidential and not subject to disclosure under Chapter 552. | ||
(c) 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. | ||
(d) 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 the ERCOT organization, 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, other | ||
appropriate state agencies, and the ERCOT organization, 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 assist a | ||
public utility with participating in the alert system. | ||
(c) Each public utility shall participate in an alert system | ||
implemented under this subchapter. | ||
(d) 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. | ||
(e) An alert system implemented under this subchapter and | ||
designed to communicate information about an extended and | ||
widespread power outage must apply to areas outside of ERCOT. | ||
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) A public utility shall notify the following entities of | ||
a widespread power outage that is likely to last more than 24 hours: | ||
(1) the division; | ||
(2) the commission; and | ||
(3) the ERCOT organization, if the utility's service | ||
area is in ERCOT. | ||
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 extended and widespread power outage that | ||
prompted the division to activate the alert system ends; 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 ERCOT organization, | ||
the commission, or a public utility in adopting rules under | ||
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. |