87R12356 JXC-D
 
  By: Raymond H.B. No. 4230
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the emergency coordination of advanced communications
  service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 2, Utilities Code, is amended
  by adding Chapter 67 to read as follows:
  CHAPTER 67. EMERGENCY COORDINATION OF ADVANCED COMMUNICATIONS
  SERVICE
         Sec. 67.0101.  DEFINITION. In this chapter, "advanced
  communications service" means: 
               (1)  interconnected Voice over Internet Protocol
  service, such as home telephone service provided by an Internet
  service provider;
               (2)  non-interconnected Voice over Internet Protocol
  service, such as using a computer to engage in voice communication
  over the Internet;
               (3)  electronic messaging service, such as text
  messaging, instant messaging, or e-mail; or
               (4)  interoperable videoconferencing service.
         Sec. 67.0102.  POWER TO REGULATE AND SUPERVISE. (a) The
  commission has authority to regulate and supervise a provider of
  advanced communications service for the purposes of this chapter.
         (b)  This chapter does not grant the commission authority to
  regulate and supervise a provider of advanced communications
  service for a purpose other than the purposes of this chapter.
         Sec. 67.0103.  EMERGENCY COORDINATION. (a) The commission
  by rule shall provide for coordination among providers of advanced
  communications service during times of emergency, including
  requiring providers of wireless advanced communications service to
  have in place reasonable roaming and peering agreements for times
  of emergency that can be employed without additional negotiation.
         (b)  The commission shall distribute a set of recommended
  best practices on how providers of advanced communications service
  and providers of electricity service should coordinate in order to
  ensure that advanced communications service remains operational
  during times of emergency and preplanned power downs.
         (c)  The commission shall:
               (1)  establish a process by which providers of advanced
  communications service and providers of electricity service share
  information regarding prioritizing infrastructure that is used in
  the provision of advanced communications service for restoring
  power to best restore critical parts of advanced communications
  service networks necessary for emergency response and restoration
  efforts, in a manner that promotes the most efficient and effective
  use of resources during times of emergency and preplanned power
  outages;
               (2)  ensure that providers of advanced communications
  service take reasonable and technically feasible measures to
  integrate backup power, including generators and batteries, into
  advanced communications service networks to continue the provision
  of advanced communications service during and following times of
  emergency and during preplanned power outages, with particular
  focus on consumers' ability to send and receive emergency
  communications; and
               (3)  take all necessary, reasonable measures to ensure
  appropriate coordination, including at incident command centers
  established during times of emergency, between providers of
  electricity service and providers of advanced communications
  service and, where appropriate, state and local representatives to
  ensure the providers:
                     (A)  are aware of where infrastructure used in the
  provision of advanced communications service is located to avoid
  inadvertently damaging such infrastructure and delaying
  restoration of advanced communications service during and
  following times of emergency and preplanned power outages;
                     (B)  communicate with each other on a regular and
  ongoing basis regarding the progress of network restoration during
  and following times of emergency and preplanned power outages; and
                     (C)  are aware of their respective restoration
  plans, priorities, and critical sites in advance of any emergency,
  as well as during and following times of emergency and preplanned
  power outages.
         SECTION 2.  This Act takes effect September 1, 2021.