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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a statewide alert system and |
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education program to improve water safety in the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter S to read as follows: |
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SUBCHAPTER S. JE'SANI ALERT SYSTEM FOR DANGEROUS WATER CONDITIONS |
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Sec. 411.541. DEFINITIONS. In this subchapter: |
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(1) "Alert system" means the Je'Sani Alert System. |
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(2) "Dangerous water condition" means a condition in a |
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major body of water that poses a threat to human life or safety and |
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includes rip currents, rapid changes in water temperature, and |
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storm surges. |
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Sec. 411.542. JE'SANI ALERT SYSTEM. (a) With the |
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cooperation of the Texas Department of Transportation, the office |
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of the governor, and other appropriate emergency response agencies, |
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the department shall implement the Je'Sani Alert System to be |
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activated to warn affected persons of a dangerous water condition. |
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(b) The alert system may be operated in conjunction with any |
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other emergency alert system required by federal or state law. The |
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alert system must be designed to notify potentially affected |
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persons of a dangerous water condition through available means |
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including: |
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(1) public and commercial television or radio |
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broadcasts; |
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(2) a system of dynamic message signs located across |
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the state, including on signs located along highways leading to |
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major bodies of water; |
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(3) posting on an Internet website operated by a |
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municipality, county, or state agency; and |
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(4) reverse 9-1-1 calls, text messages, e-mails, |
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social media, and other instant messaging systems. |
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Sec. 411.543. ADMINISTRATION; RULES. (a) The director is |
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the statewide coordinator of the alert system and shall ensure |
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effective implementation of the system. |
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(b) The director shall adopt rules to ensure effective |
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implementation of the alert system. The rules must include |
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instructions on the procedures for activating and deactivating the |
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alert system and updating alerts made by the system. |
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Sec. 411.544. PARTICIPATION BY OTHER PERSONS. (a) The |
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department shall recruit public and commercial television and radio |
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broadcasters, private commercial entities, state or local |
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governmental entities, the public, and other appropriate persons to |
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assist in developing and implementing the alert system. |
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(b) The department may enter into agreements with |
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participants in the alert system to provide necessary support for |
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the alert system. |
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Sec. 411.545. ACTIVATION OF ALERT SYSTEM. (a) The |
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department shall activate the alert system when the department |
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becomes aware of a dangerous water condition. |
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(b) In issuing the alert, the department shall send the |
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alert to designated media outlets in this state. Following receipt |
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of the alert, participating radio stations and television stations |
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and other participating media outlets may issue the alert at |
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designated intervals to assist in alerting the public to a |
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dangerous water condition. |
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(c) The department shall also send the alert to: |
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(1) any appropriate law enforcement agency; and |
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(2) the Texas Department of Transportation. |
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(d) The director may promulgate additional criteria under |
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Subsection (a) as necessary for the implementation of the alert |
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system. |
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Sec. 411.546. CONTENT OF ALERT. A notification issued |
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under the alert system must include the following: |
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(1) the name of the body of water in which the |
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dangerous water condition is to occur; |
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(2) the nature of the dangerous water condition; |
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(3) the county in which the body of water, or the |
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affected portion of the body of water, is located; and |
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(4) the expected duration of the dangerous water |
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condition. |
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Sec. 411.547. STATE AGENCIES. (a) A state agency |
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participating in the alert system shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert system; and |
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(2) establish a plan for providing relevant |
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information to its officers or employees, as appropriate, once the |
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alert system has been activated. |
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(b) In addition to the requirements of Subsection (a), the |
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Texas Department of Transportation shall establish a plan for |
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providing relevant information to the public through an existing |
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system of dynamic message signs located across the state. |
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Sec. 411.548. LIMITATION ON PARTICIPATION BY TEXAS |
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DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.457(b), |
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the Texas Department of Transportation is not required to use any |
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existing system of dynamic message signs in a program created under |
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this subchapter if that department receives notice from the United |
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States Department of Transportation Federal Highway Administration |
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that the use of the signs would result in the loss of federal |
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highway funding or other punitive actions taken against this state |
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due to noncompliance with federal laws, regulations, or policies. |
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Sec. 411.549. TERMINATION. The director shall terminate an |
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activation of the alert system when the dangerous water condition |
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has passed. |
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SECTION 2. Subchapter H, Chapter 201, Transportation Code, |
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is amended by adding Section 201.623 to read as follows: |
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Sec. 201.623. KNOW THE FLAGS PROGRAM. (a) The department |
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by rule shall establish a program that promotes beach safety by: |
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(1) educating residents of this state about dangerous |
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conditions that may exist at beaches in this state, including rip |
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currents; |
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(2) informing residents of this state of precautions |
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that may help avoid encountering the dangerous conditions described |
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by Subdivision (1), including information about the system of flags |
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on public beaches that warn of dangerous tides and water |
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conditions; and |
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(3) disseminating the information described by this |
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section through: |
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(A) public and commercial television or radio |
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broadcasts; |
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(B) a system of dynamic message signs located |
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across the state, including on signs located along highways leading |
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to major bodies of water; and |
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(C) posting on an Internet website operated by a |
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governmental entity. |
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(b) A local government may work with the department to |
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participate in the program. |
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(c) The department shall post a sign that complies with |
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program requirements at a major highway leading to a public beach at |
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the time a previously posted sign identifying the crossing or |
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prohibiting dumping at the crossing is scheduled to be replaced. |
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(d) Notwithstanding Subsection (a)(3)(B), the department is |
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not required to use any existing system of dynamic message signs in |
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a program created under this section if the department receives |
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notice from the United States Department of Transportation Federal |
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Highway Administration that the use of the signs would result in the |
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loss of federal highway funding or other punitive actions taken |
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against this state due to noncompliance with federal laws, |
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regulations, or policies. |
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SECTION 3. This Act takes effect September 1, 2021. |