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A BILL TO BE ENTITLED
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AN ACT
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relating to the procurement and use of an emergency notification |
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system by public service providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.192 to read as follows: |
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Sec. 418.192. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS |
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DURING DISASTERS AND EMERGENCIES. (a) In this section: |
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(1) "Emergency" means a temporary, sudden, and |
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unforeseen occurrence that requires action by a public service |
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provider to correct the occurrence, inform others of the |
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occurrence, protect lives or property, or temporarily reduce demand |
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for or allocate supply of the provider's products or services to |
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ensure public safety or preserve the integrity of service delivery |
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mechanisms. |
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(2) "Public service provider" means any person or |
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entity that provides essential products or services to the public |
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that are regulated under the Natural Resources Code, Utilities |
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Code, or Water Code, including: |
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(A) common carriers under Section 111.002, |
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Natural Resources Code; |
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(B) telecommunications providers as defined by |
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Section 51.002, Utilities Code; and |
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(C) any other person or entity providing or |
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producing heat, light, power, or water. |
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(b) A public service provider may enter into a contract for |
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an emergency notification system described by this section for use |
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in informing the provider's customers, governmental entities, and |
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other affected persons regarding: |
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(1) notice of a disaster or emergency; and |
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(2) any actions a recipient is required to take during |
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a disaster or emergency. |
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(c) The emergency notification system for which a contract |
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is entered into under Subsection (b) must rely on a dynamic |
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information database that: |
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(1) is capable of simultaneous transmission of |
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emergency messages to all recipients through at least two |
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industry-standard gateways to one or more telephones or electronic |
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devices owned by a recipient in a manner that does not negatively |
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impact the existing communications infrastructure; |
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(2) allows the public service provider to: |
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(A) store prewritten emergency messages in the |
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dynamic information database for subsequent use; and |
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(B) generate emergency messages in real time |
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based on provider inputs; |
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(3) allows a recipient to select the language in which |
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the recipient would prefer to receive messages; |
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(4) transmits the message in the recipient's language |
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of choice to that recipient; |
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(5) converts text messages to sound files and |
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transmits those sound files to the appropriate device; |
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(6) assigns recipients to priority groups for |
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notification; |
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(7) allows for the collection and verification of |
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responses by recipients of emergency messages; and |
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(8) reads or receives alerts from a commercial mobile |
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alert system established by the Federal Communications Commission |
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or complies with standards adopted for a commercial mobile alert |
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system by the Federal Communications Commission. |
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(d) The dynamic information database must comply with: |
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(1) the Telecommunications Service Priority program |
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established by the Federal Communications Commission; and |
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(2) the Federal Information Processing Standard 140-2 |
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governing compliant cryptographic modules for encryption and |
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security issued by the National Institute of Standards and |
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Technology. |
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(e) A public service provider that uses an emergency |
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notification system described by this section is entitled to |
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information that is confidential under Section 771.061, Health and |
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Safety Code, from a governmental entity providing 9-1-1 service to |
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a public service provider's customers. The public service provider |
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shall use information collected or received under this subsection |
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only for informing persons under Subsection (b). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |