By: Phillips	H.B. No. 2257

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