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Senate Bill 9 |
Senate Author: Staples |
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Effective: 6-18-05 |
House Sponsor: Corte |
Senate Bill 9 amends provisions in several codes relating to homeland security in Texas. The bill renames the Critical Infrastructure Protection Council as the Homeland Security Council, adds representatives from 14 agencies to the council, replaces the Texas National Guard with the adjutant general's department as a member agency, and modifies the eligibility requirements for a member agency's representative. It also establishes the First Responder Advisory Council and the Private Sector Advisory Council to advise the governor on homeland security issues according to each membership's expertise and includes provisions relating to the councils' membership, eligibility for membership, duties, and compensation and reimbursement policies.
Senate Bill 9 abolishes the Public Safety Radio Communications Council and transfers responsibility for the interoperability of radio communications to the office of the governor. The bill provides that the governor must develop and administer a strategic plan for implementing a statewide integrated public safety radio communications system to promote interoperability within and between local, state, and federal agencies and first responders. The bill delineates additional related duties of the governor, including submitting an annual report on the status of the strategic plan implementation to the legislature. Furthermore, the bill requires the governor to develop a plan to help appropriate entities establish interoperable communication among computer systems used by local, state, and federal agencies and first responders, including providing a single point of entry to distribute information, applications, processes, and communications.
With regard to water system security, the bill requires an owner, agent, manager, operator, or other person in charge of a public water supply system or wastewater system that provides services for public or private use to notify the Texas Commission on Environmental Quality of certain events, such as an unauthorized entry, terrorism, or natural disaster, that could negatively impact the production or delivery of safe and adequate drinking water.
Senate Bill 9 requires the Texas Department of Agriculture and Texas Animal Health Commission to pursue a policy of ensuring that the borders of the state are secure from shipments of potentially dangerous pests and diseases carried by plants and animals by taking certain action related to the operation of checkpoints or performance of inspections of vehicles moving within the state to determine if a vehicle contains a plant, plant product, or other substance capable of introducing or disseminating an insect pest or plant disease dangerous to the interests of horticulture or agriculture in the state.
The bill enhances from a Class B misdemeanor to a Class A misdemeanor the penalty for trespass on or in a critical infrastructure facility. The penalty enhancement does not apply if a defendant can prove by a preponderance of the evidence that the defendant entered or remained on or in such a facility as part of a peaceful or lawful assembly.
Senate Bill 9 authorizes certain governmental entities to agree in writing to assign responsibility for civil liability arising under a contract to furnish or obtain the services of a fire department, such as training, fire suppression, fire fighting, ambulance services, hazardous materials response services, fire and rescue services, or paramedic services.
Senate Bill 9 extends the power of search, seizure, and arrest within the state accorded to special agents of the U.S. Secret Service to include misdemeanor offenses under state law and any criminal offense under federal law. The bill requires the governor to measure the effectiveness of federal and state homeland security grants and other funding and adds certain defense base development authorities to the list of entities eligible to receive such grants. Additionally, the bill requires the Railroad Commission to adopt and enforce safety standards and best practices related to the prevention of damage by a person to a facility under the commission's jurisdiction.