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  H.B. No. 1861
 
 
 
 
AN ACT
  relating to the continuation and functions of the Commission on
  State Emergency Communications.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 771.032, Health and Safety Code, is
  amended to read as follows:
         Sec. 771.032.  APPLICATION OF SUNSET ACT. The Commission on
  State Emergency Communications is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the commission is abolished and this
  chapter expires September 1, 2023 [2011].
         SECTION 2.  Subchapter B, Chapter 771, Health and Safety
  Code, is amended by adding Section 771.040 to read as follows:
         Sec. 771.040.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION. (a)  The commission shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of commission rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the commission's
  jurisdiction.
         (b)  The commission's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 3.  Subchapter C, Chapter 771, Health and Safety
  Code, is amended by adding Section 771.0511 to read as follows:
         Sec. 771.0511.  EMERGENCY SERVICES INTERNET PROTOCOL
  NETWORK; EMERGENCY COMMUNICATIONS ADVISORY COMMITTEE. (a) In this
  section:
               (1)  "Advisory committee" means the Emergency
  Communications Advisory Committee.
               (2)  "State-level emergency services Internet Protocol
  network" means a private Internet Protocol network or Virtual
  Private Network that:
                     (A)  is used for communications between and among
  public safety answering points and other entities that support or
  are supported by public safety answering points in providing
  emergency call handling and response; and
                     (B)  will be a part of the Texas Next Generation
  Emergency Communications System.
         (b)  The commission, with the assistance of an advisory
  committee, may coordinate the development, implementation, and
  management of an interconnected, state-level emergency services
  Internet Protocol network.
         (c)  If the commission acts under Subsection (b), the
  commission shall establish policy and oversee agency involvement in
  the development and implementation of the interconnected,
  state-level emergency services Internet Protocol network.
         (d)  If the commission acts under Subsection (b), the
  commission shall appoint an advisory committee. The advisory
  committee must include at least:
               (1)  one representative from a regional planning
  commission;
               (2)  one representative from an emergency
  communication district, as that term is defined by Section
  771.001(3)(A); and
               (3)  one representative from an emergency
  communication district, as that term is defined by Section
  771.001(3)(B).
         (e)  In appointing members of an advisory committee, the
  commission shall consult with regional planning commissions and
  emergency communication districts throughout the state.  The
  commission shall ensure that each member of the advisory committee
  has appropriate training, experience, and knowledge in 9-1-1
  systems and network management to assist in the implementation and
  operation of a complex network.
         SECTION 4.  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1861 was passed by the House on April
  15, 2011, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1861 was passed by the Senate on May
  17, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor