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A BILL TO BE ENTITLED
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AN ACT
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relating to a power outage alert system and a study on a statewide |
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disaster alert system. |
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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 K-1 to read as follows: |
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SUBCHAPTER K-1. POWER OUTAGE ALERT |
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Sec. 411.301. POWER OUTAGE ALERT. (a) With the cooperation |
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of the Texas Department of Transportation, the Texas Division of |
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Emergency Management, the office of the governor, and the Public |
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Utility Commission of Texas, the department shall develop and |
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implement an alert to be activated when the power supply in this |
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state may be inadequate to meet demand. |
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(b) The Public Utility Commission of Texas by rule shall |
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adopt criteria for the content and activation of the alert |
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described by Subsection (a). The criteria must provide for an alert |
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to be regional or statewide. |
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Sec. 411.302. ADMINISTRATION. (a) The director is the |
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statewide coordinator of the power outage alert. |
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(b) The director shall adopt rules and issue directives as |
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necessary to ensure proper implementation of the power outage |
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alert. The rules and directives must include the procedures to be |
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used by the Public Utility Commission of Texas and the independent |
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organization certified under Section 39.151, Utilities Code, to |
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communicate with the director about the power outage alert. |
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Sec. 411.303. DEPARTMENT TO RECRUIT PARTICIPANTS. 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 power outage alert |
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system. |
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Sec. 411.304. STATE AGENCIES. (a) A state agency |
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participating in the power outage 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, investigators, or employees, as |
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appropriate, once the power outage alert system has been activated. |
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(b) In addition to its duties as a state agency under |
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Subsection (a), the Texas Department of Transportation shall |
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establish a plan for providing relevant information to the public |
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through an existing system of dynamic message signs located across |
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this state. |
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Sec. 411.305. ACTIVATION OF POWER OUTAGE ALERT. (a) When |
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the Public Utility Commission of Texas or an independent |
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organization certified under Section 39.151, Utilities Code, |
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notifies the department that the power supply in this state or a |
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region of this state may be inadequate to meet demand, the |
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department shall confirm the accuracy of the information and, if |
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confirmed, immediately issue a power outage alert under this |
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subchapter in accordance with department rules. |
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(b) In issuing the power outage alert, the department shall |
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send the alert to designated media outlets in this state. Following |
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receipt of the alert, participating radio stations and television |
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stations and other participating media outlets may issue the alert |
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at designated intervals. |
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Sec. 411.306. CONTENT OF POWER OUTAGE ALERT. The power |
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outage alert must include a statement that electricity customers |
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may experience a power outage. |
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Sec. 411.307. TERMINATION OF POWER OUTAGE ALERT. The |
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director shall terminate any activation of the power outage alert |
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with respect to a particular energy emergency alert not later than |
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the date the department receives notice that the energy emergency |
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alert has been canceled. |
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Sec. 411.308. LIMITATION ON PARTICIPATION BY TEXAS |
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DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.305(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 statewide alert |
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system created under this subchapter if that 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 2. (a) In this section: |
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(1) "Alert system" means the standardized statewide |
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disaster alert system studied under this section. |
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(2) "Division" means the Texas Division of Emergency |
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Management. |
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(b) The division shall conduct a study on the efficacy of |
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existing mass notification deployments by local governmental |
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entities throughout this state and the feasibility of establishing |
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a 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; and |
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(5) identify any state or local governmental entity |
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actions necessary to implement a comprehensive alert system. |
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(c) 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 conducted under |
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this section. |
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(d) This section expires September 1, 2023. |
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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. |
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