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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on a statewide disaster and extended power |
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outage alert system and implementation of that system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM |
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Sec. 418.301. DEFINITION. In this subchapter: |
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(1) "Alert system" means the standardized statewide |
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disaster alert system described by this subchapter; |
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(2) "Commission" means the public utility commission |
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of Texas; |
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(3) "Disaster" has the meaning assigned by Section |
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418.001 and includes an extended power outage; |
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(4) "Electric utility" means an entity, including a |
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river authority, electric cooperative, or municipally owned |
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utility, that: |
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(A) provides power generation service in this |
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state; or |
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(B) provides transmission or distribution |
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service in this state; |
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(5) "ERCOT" means the Electric Reliability Council of |
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Texas or a successor independent organization established by the |
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commission under Chapter 39.151, Utilities Code; |
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(6) "Extended power outage" means a power outage |
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lasting more than 24 hours. |
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Sec. 418.3015. STUDY ON STATEWIDE DISASTER ALERT SYSTEM. |
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(a) The division shall conduct a study on the efficacy of existing |
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mass notification deployments by local governmental entities |
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throughout this state and the feasibility of establishing a |
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statewide disaster alert system. The study must: |
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(1) identify the costs to local governmental entities |
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associated with existing local disaster alert or notification |
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systems; |
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(2) examine the potential benefits to local |
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governmental entities of implementing an alert system in |
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coordination with this state, including: |
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(A) improving this state's ability to coordinate |
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state and local responses to disasters; and |
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(B) eliminating barriers to successful mass |
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notification and communication encountered by local governmental |
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entities during disasters; |
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(3) examine the importance of a local governmental |
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entity's discretion regarding the entity's level and manner of |
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participation in the alert system; |
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(4) examine potential costs to local governmental |
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entities or this state associated with implementing the alert |
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system; |
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(5) examine the ability of local governments to |
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communicate with ERCOT, the PUC, and electric utilities that serve |
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their area; |
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(6) identify any state or local governmental entity |
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actions necessary to implement a comprehensive alert system that |
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would include alerts related to extended power outages. |
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(b) Not later than March 1, 2022, the division shall prepare |
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and submit to the governor, the lieutenant governor, and the |
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legislature a report on the findings of the study. |
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(c) An electric utility, ERCOT, and the commission shall |
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provide information related to the implementation of a |
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comprehensive alert system to the division on request. Information |
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provide to the division, the commission, or ERCOT under this |
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subchapter is confidential and excepted from disclosure under |
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Chapter 552, Government Code. |
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(c) This section expires September 1, 2027. |
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Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The |
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division, with the cooperation of the office of the governor, the |
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commission, and ERCOT, may develop and implement a statewide |
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disaster alert system to activate in the event of a disaster |
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affecting any location in this state. |
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(a-1) If, based on the findings of the study conducted under |
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Section 418.3015, the division and office of the governor conclude |
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that the benefits to this state and local governmental entities of |
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implementing a coordinated alert system outweigh any additional |
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costs, the division, with the cooperation of the office and other |
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appropriate state agencies and using money available for the |
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purpose, shall develop and implement the alert system. This |
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subsection expires September 1, 2027. |
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(b) A local governmental entity that chooses to participate |
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in an alert system implemented under this subchapter may use |
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available local funds for that purpose and may contract with the |
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department for services associated with the alert system. A local |
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governmental entity is not required to use local funds to allow an |
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electric utility to participate in the alert system. |
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(c) An alert system implemented under this subchapter may |
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be: |
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(1) operated in conjunction with any other emergency |
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alert system required by federal or state law; and |
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(2) designed to notify persons statewide of a disaster |
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affecting any location in this state. |
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(d) An alert system implemented under this subchapter |
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designed to communicate about an extended power outage must apply |
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to areas served by non-ERCOT utilities. |
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Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the |
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division determines a disaster has occurred or the occurrence or |
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threat of disaster is imminent or is notified of a declaration of |
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disaster under this chapter, the division may immediately activate |
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any alert system implemented under this subchapter. A participating |
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local governmental entity may, in coordination with the division, |
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choose the manner in which the alert system is activated and |
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notifications are issued within the entity's geographic region. |
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(b) The division, or local governmental entity, as |
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appropriate, may issue updated notifications for the duration of |
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the disaster. |
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(c) An electric utility shall notify ERCOT, the commission, |
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and the division of an interruption in service that is likely to |
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last more than 24 hours. |
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Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A |
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notification issued under an alert system implemented under this |
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subchapter may include information necessary to: |
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(1) assist a person affected by the disaster with |
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making informed decisions regarding the person's safety; and |
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(2) enable a person in another location in this state |
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to assist an affected person. |
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Sec. 418.305. TERMINATION OF ALERT SYSTEM. The division may |
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terminate the activation of an alert system when: |
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(1) the division determines that: |
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(A) the threat or danger has passed; or |
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(B) the disaster has been addressed to the extent |
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that emergency conditions no longer exist |
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(2) the service interruption caused by the extended |
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power outage has ended; or |
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(3) the state of disaster is terminated as provided by |
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this chapter. |
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Sec. 418.306. RULES. (a) The division may adopt rules |
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necessary to implement this subchapter. |
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(b) The division may consult with the commission, ERCOT, or |
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an electric utility when drafting the rules required by subsection |
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(a) |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) the Texas Division of Emergency Management shall |
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conduct the study required by Section 418.3015, Government Code, as |
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added by this Act; and |
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(2) based on the results of the study, if applicable, |
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the chief of the Texas Division of Emergency Management shall |
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implement an alert system under Subchapter J, Chapter 418, |
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Government Code, as added by this Act. |
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SECTION 3. 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, 2021. |