HB 69

By: McLaughlin
  H.B. No. 69
  A BILL TO BE ENTITLED
  AN ACT
  relating to creating the Texas Flash Flood Alley Interoperability
  Council and a grant program administered by the council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 421, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. TEXAS FLASH FLOOD ALLEY INTEROPERABILITY COUNCIL;
  GRANT PROGRAM
         Sec. 421.121.  DEFINITIONS.  In this subchapter:
               (1)  "Council" means the Texas Flash Flood Alley
  Interoperability Council established under this subchapter.
               (2)  "Division" means the Texas Division of Emergency
  Management.
               (3)  "First responder" means:
                     (A)  a peace officer, as defined by Section
  1701.001, Occupations Code;
                     (B)  fire protection personnel, as defined by
  Section 419.021, Government Code; and
                     (C)  an individual certified as emergency medical
  services personnel by the Department of State Health Services under
  Chapter 773, Health and Safety Code.
               (4)  "Local government" means a municipality, a county,
  a special district or authority, or any other political subdivision
  of this state that is located, wholly or partly, in or adjacent to
  the geographic area known as the Balcones Fault Zone.
         Sec. 421.122.  TEXAS FLASH FLOOD ALLEY INTEROPERABILITY
  COUNCIL.  (a)  The Texas Flash Flood Alley Interoperability Council
  is established to:
               (1)  develop and coordinate the implementation of a
  strategic plan for governing the interoperability of emergency
  communication equipment and infrastructure in the Balcones Fault
  Zone, develop and implement, as advisable, emergency alert systems,
  and incorporate as necessary communication technologies into the
  emergency communications network in the Balcones Fault Zone;
               (2)  develop and coordinate, in consultation with the
  Texas Division of Emergency Management, the implementation of a
  cohesive emergency management plan for responding to major flooding
  events in the Balcones Fault Zone, including guidelines on
  cooperation among first responders when responding to those events;
  and
               (3)  administer a grant program to assist local
  governments with acquiring emergency communication equipment that
  is interoperable with other emergency communication equipment and
  infrastructure in the Balcones Fault Zone and with constructing
  additional emergency communication infrastructure to ensure that
  the first responders of local governments have access to equipment
  and infrastructure that is interoperable to the extent necessary to
  effectively communicate during an emergency.
         (b)  The council is composed of the chief of the division and
  six members appointed as follows:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
  and
               (3)  two members appointed by the speaker of the house
  of representatives.
         (c)  Appointed council members serve staggered terms of six
  years, with the terms of two members expiring September 1 of each
  odd-numbered year.
         (d)  A majority of the voting members of the council
  constitutes a quorum to transact business.  If a quorum is present,
  the council may act on any matter within the council's jurisdiction
  by a majority vote.
         (e)  The chief of the division serves as the council's
  presiding officer.
         Sec. 421.123.  MEETINGS.  The council shall meet as often as
  necessary at the call of the presiding officer to perform the
  council's duties.
         Sec. 421.124.  APPLICABILITY OF OTHER LAW TO COUNCIL.  (a)  
  Chapters 551 and 2001 do not apply to the council.
         (b)  Information held by the council is excepted from
  required public disclosure under Chapter 552.
         Sec. 421.125.  STRATEGIC PLAN.  (a)  The council, in
  collaboration with any state agency or private entity as the
  council determines appropriate, shall develop a strategic plan to
  govern:
               (1)  the interoperability of emergency communication
  equipment and infrastructure in the Balcones Fault Zone; and
               (2)  cooperation among the first responders of local
  governments when responding to a major flooding event in the
  Balcones Fault Zone.
         (b)  The strategic plan must include:
               (1)  a plan for the construction of communication
  infrastructure necessary to ensure effective emergency
  communications among first responders, including the acquisition
  of land as necessary for construction;
               (2)  training programs necessary to ensure that state
  agencies and local governments have the skills and resources
  necessary to access and effectively use the emergency communication
  equipment and infrastructure available in this state;
               (3)  a plan to ensure that first responders throughout
  the Balcones Fault Zone are equipped with emergency communication
  equipment that is interoperable with other emergency communication
  equipment in this state;
               (4)  a plan to ensure that any new emergency
  communication equipment and infrastructure acquired or constructed
  under the plan can be adapted to or integrated with any existing
  emergency communication equipment and infrastructure;
               (5)  a plan for testing, as practicable, the
  functionality and interoperability of emergency communication
  equipment under circumstances that simulate a disaster response,
  including a response to a major flooding event; and
               (6)  a plan to encourage cooperation among local
  governments and the first responders of those local governments
  that are responsible for responding to disasters, including major
  flooding events.
         (c)  The council shall consider including in the strategic
  plan under Subsection (b):
               (1)  the use of outdoor warning sirens;
               (2)  implementing an emergency alert system that alerts
  the public of evacuation recommendations or orders related to
  floods and other disasters and that has the capability of alerting
  persons in an affected geographic area through messages sent to
  those persons' communication devices; and
               (3)  the use of broadband service as part of the
  emergency communications network in the Balcones Fault Zone.
         Sec. 421.126.  IMPLEMENTATION OF PLAN; NETWORK
  COORDINATION.  The council, in collaboration with state agencies as
  needed, shall implement the strategic plan developed under Section
  421.125 and coordinate the emergency communications network of this
  state to ensure interoperability for first responders.
         Sec. 421.127.  GRANT PROGRAM.  (a)  The council shall
  establish a grant program to provide grants to local governments
  for the purchase of emergency communication equipment and
  infrastructure, the construction of emergency communication
  infrastructure, and the expenses of training employees of the local
  government for the effective use of the equipment during an
  emergency.
         (b)  To be eligible for a grant under the grant program, an
  applicant must be a local government, submit a proposal to the
  council, and comply with the rules established by the council for
  the administration of the grant program.
         (c)  The council shall establish procedures to administer
  the grant program, including:
               (1)  eligibility criteria for a grant recipient;
               (2)  guidelines relating to grant amounts; and
               (3)  procedures for submitting and evaluating
  proposals.
         (d)  The council shall enter into a contract that includes
  performance requirements with each grant recipient.  The council
  shall monitor and enforce the terms of the contract.
         (e)  The council shall require as a condition of a grant
  awarded under this section that the emergency management director,
  or an officer with equivalent duties, annually organize a meeting
  with the first responders of nearby local governments and a
  representative of the division regarding the grant recipient's
  emergency management plan.  The meeting must include a discussion
  and analysis of the logistics of implementing the grant recipient's
  emergency management plan during a major flooding event and other
  disasters and implementing the plan in areas especially vulnerable
  to adverse weather conditions.  The meeting organized under this
  subsection is not subject to Chapter 551, and the information
  obtained or discussed during the meeting is excepted from required
  public disclosure under Chapter 552.
         (f)  The council may require as a condition of a grant
  awarded under this section that:
               (1)  the officers or employees of the recipient
  successfully complete one or more training programs, as determined
  by the council, which may include incident command system training;
  and
               (2)  the recipient adopt standardized procedures for
  incident command or management.
         (g)  The council may delegate to a state agency the
  administration of the grant program.
         Sec. 421.128.  USES OF GRANT MONEY.  Money awarded under the
  grant program may be used only to:
               (1)  purchase emergency communication equipment,
  including radios, spare parts, and accessories, for use by first
  responders that is interoperable with the other emergency
  communication equipment and infrastructure in this state or enables
  interoperability;
               (2)  construct emergency communication infrastructure,
  including radio towers, that is interoperable with the other
  emergency communication equipment and infrastructure in this state
  or enables interoperability, including the acquisition of land
  necessary for the construction;
               (3)  cover the cost of adapting existing emergency
  communication equipment or infrastructure to, or otherwise
  integrating the equipment or infrastructure with, new emergency
  communication equipment purchased or infrastructure constructed;
               (4)  cover the operational or maintenance cost of the
  equipment or infrastructure described by Subdivision (1), (2), or
  (3); or
               (5)  cover the cost of providing to first responders,
  or having first responders attend, training on the effective use of
  the equipment and infrastructure described by Subdivisions (1),
  (2), and (3).
         Sec. 421.129.  GRANT PROGRAM FUNDING.  The council may use
  any available funds to implement the grant program.
         Sec. 421.130.  GIFTS, GRANTS, AND DONATIONS.  The council
  may accept gifts, grants, and donations from any source, including
  private and nonprofit organizations, for the purpose of
  implementing this subchapter.
         Sec. 421.131.  RULES.  The division may adopt rules to
  administer this subchapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the governor, lieutenant governor, and speaker of the
  house of representatives shall appoint members to the Texas Flash
  Flood Alley Interoperability Council, as required by Section
  421.122, Government Code, as added by this Act, in the manner
  required by that section, as follows:
               (1)  the governor shall appoint two council members to
  a term expiring September 1, 2027;
               (2)  the lieutenant governor shall appoint two council
  members to a term expiring September 1, 2029; and
               (3)  the speaker of the house of representatives shall
  appoint two council members to a term expiring September 1, 2031.
         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 on the 91st day after the last day of the
  legislative session.