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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency coordination of advanced communications |
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service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Utilities Code, is amended |
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by adding Chapter 67 to read as follows: |
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CHAPTER 67. EMERGENCY COORDINATION OF ADVANCED COMMUNICATIONS |
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SERVICE |
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Sec. 67.0101. DEFINITION. In this chapter, "advanced |
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communications service" means: |
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(1) interconnected Voice over Internet Protocol |
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service, such as home telephone service provided by an Internet |
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service provider; |
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(2) non-interconnected Voice over Internet Protocol |
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service, such as using a computer to engage in voice communication |
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over the Internet; |
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(3) electronic messaging service, such as text |
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messaging, instant messaging, or e-mail; or |
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(4) interoperable videoconferencing service. |
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Sec. 67.0102. POWER TO REGULATE AND SUPERVISE. (a) The |
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commission has authority to regulate and supervise a provider of |
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advanced communications service for the purposes of this chapter. |
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(b) This chapter does not grant the commission authority to |
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regulate and supervise a provider of advanced communications |
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service for a purpose other than the purposes of this chapter. |
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Sec. 67.0103. EMERGENCY COORDINATION. (a) The commission |
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by rule shall provide for coordination among providers of advanced |
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communications service during times of emergency, including |
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requiring providers of wireless advanced communications service to |
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have in place reasonable roaming and peering agreements for times |
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of emergency that can be employed without additional negotiation. |
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(b) The commission shall distribute a set of recommended |
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best practices on how providers of advanced communications service |
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and providers of electricity service should coordinate in order to |
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ensure that advanced communications service remains operational |
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during times of emergency and load shedding events. |
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(c) The commission shall: |
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(1) establish a process by which providers of advanced |
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communications service and providers of electricity service share |
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information regarding infrastructure that is used in the provision |
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of advanced communications service to facilitate prioritizing the |
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restoration of power to critical parts of advanced communications |
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service networks necessary for emergency response and restoration |
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efforts in a manner that promotes the most efficient and effective |
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use of resources during times of emergency and load shedding |
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events; |
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(2) ensure that providers of advanced communications |
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service take reasonable and technically feasible measures to |
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integrate backup power, including generators and batteries, into |
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advanced communications service networks to continue the provision |
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of advanced communications service during and following times of |
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emergency and during load shedding events, with particular focus on |
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consumers' ability to send and receive emergency communications; |
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and |
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(3) take all necessary, reasonable measures to ensure |
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appropriate coordination, including at incident command centers |
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established during times of emergency, between providers of |
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electricity service and providers of advanced communications |
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service and, where appropriate, state and local representatives to |
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ensure the providers: |
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(A) are aware of where infrastructure used in the |
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provision of advanced communications service is located to avoid |
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inadvertently damaging such infrastructure and delaying |
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restoration of advanced communications service during and |
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following times of emergency and load shedding events; |
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(B) communicate with each other on a regular and |
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ongoing basis regarding the progress of network restoration during |
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and following times of emergency and load shedding events; and |
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(C) are aware of their respective restoration |
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plans, priorities, and critical sites in advance of any emergency |
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and during and following times of emergency and load shedding |
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events. |
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SECTION 2. This Act takes effect September 1, 2023. |