H.B. 9 78 (R)    BILL ANALYSIS


C.S.H.B. 9
By: Flores
Defense Affairs and State-Federal Relations
      Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Shortly after September 11, 2001, Texas Governor Rick Perry announced the
creation of the Texas Task Force on Homeland Security. The task force was
comprised of several individuals appointed by the Governor to study and
advise him on matters relating to homeland security, including emergency
preparedness and response, facilitating coordination among agencies, and
other related matters.  The taskforce identified several issues that need
to be addressed by State and local entities; however, the predominate
theme of proposals revolved around communication and coordination.   

C.S.H.B. 9 seeks to provide a more centralized communication and
coordination effort out of the Governor's office.  It tasks the Governor
to develop a statewide homeland security strategy. C.S.H.B. 9 would create
the Critical Infrastructure Protection Council (Council) to serve as the
operational advisory group for homeland security at the state level and
will be the center of coordinated and efficient flow of information,
response, and recovery throughout the Governor's office and the various
agencies involved.  

C.S.H.B. 9 also creates the Texas Infrastructure Protection Communications
Center (TIPCC) to serve as the primary point of planning, coordination and
integration of government communications capabilities to ensure effective
response in the event of a homeland security emergency. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Governor in SECTION  1 (Section 421.023 (b) , Government
Code) of this bill. 

ANALYSIS

SECTION 1.

GENERAL PROVISIONS

Defines "Agency," "Critical infrastructure," and "Homeland security
activity." 

Requires the governor to develop a statewide homeland security strategy
that improves the state's ability to detect and deter threats to homeland
security and to respond and recover from homeland security emergencies. 

CRITICAL INFRASTRUCTURE PROTECTION COUNCIL

C.S.H.B. 9 establishes the Critical Infrastructure Protection Council as
an advisory entity administered by the office of the Governor and sets
forth the Council's composition and eligibility requirements. 

C.S.H.B. 9  authorizes the governor to adopt rules as necessary for the
operation of the Council.  It requires the governor to designate the
presiding officer of the Council and further requires that the council
meet at the call of the governor and at least once each quarter in a
calendar year.  The Council would not be subject to the provisions
regarding State Agency Advisory Committees in Chapter 2110, Government
Code. 

C.S.H.B. 9  requires the Council to advise the governor on the development
and coordination of a statewide critical infrastructure protection
strategy; the implementation of the governor's homeland  security strategy
by state and local agencies and provide specific suggestions for helping
those agencies implement the strategy; and other matters related to the
planning, development, coordination, and implementation of initiatives to
promote the governor's homeland security strategy. The bill sets up annual
reporting requirements for the Council. 

CIVIL LIABILITY FOR ACTS OR OMISSIONS

The bill provides conditions under which an officer or employee of a state
or local agency, or a volunteer, performing  a homeland security activity
is immune from civil liability. 

The bill also provides that a state or local agency that furnishes a
service related to a homeland security activity under an interlocal
contract is immune from civil liability under certain conditions. 


COOPERATION AND ASSISTANCE; FUNDING

Requires a state or local agency, and certain non-governmental entities
that perform homeland security activities to cooperate with and assist the
governor's office, the Critical Infrastructure Protection Council, the
Texas Infrastructure Protection Communication Center, and the National
Infrastructure Protection Center in the performance of their duties under
this chapter and other state and federal law. 

The bill requires the Governor's office to allocate available federal and
state grants and other funding related to homeland security to state and
local agencies that perform homeland security activities. The office of
the Governor is also required to designate a single state agency to
administer all grants and other funding to the state related to homeland
security. 


TEXAS INFRASTRUCTURE PROTECTION COMMUNICATIONS CENTER

The bill establishes the TIPCCC and sets forth its duties and
responsibilities. The TIPCC is to serve as the state's primary entity for
the planning, coordination, an integration of government communications
capabilities to help implement the governor's homeland security strategy
and ensure an effective response in the event of a homeland security
emergency.  The bill requires the Texas Department of Public Safety to
provide facilities and administrative support for the Texas Infrastructure
Protection Communications Center.  

SECTION 2.  SUPPLEMENTAL VOLUNTEER MILITARY FORCES. 

The bill codifies the ability of the Supplemental Volunteer Military
Forces to be used in homeland security and community service activities. 

SECTION 3. 

This SECTION amends the qualifications to be a  member of the Texas State
Guard to add that a person must be a citizen of the United States and a
resident of this state for at least 180 days.   

SECTION 4. TEXAS FIRST RESPONDERS DAY.  

This SECTION designates September 11 as Texas First Responders Day and
requires that it be observed by appropriate ceremonies in public schools
and other places to honor Texas men and women who assist others in
emergencies. 

SECTION 5.   

The bill requires the Governor to develop a statewide homeland security
strategy not later than September 1, 2004. 



 
The bill requires the head of each entity listed in Section 421.021,
Government Code, as added by this Act, to appoint a representative to the
Critical Infrastructure Protection Council not later than December 1,
2003.   

The bill also requires the procedures required by Section 421.046,
Government Code, as added by this Act, to be established not later than 90
days after the effective date of this Act. 

SECTION 6.  EFFECTIVE DATE:  September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 9 modifies the original version of the bill in SECTION 1,
SUBCHAPTER A, by stipulating that the Department of Public Safety is the
repository of certain criminal intelligence information and is responsible
for analyzing and disseminating that information. 

C.S.H.B. 9 modifies the original version of the bill by removing the
Commission on Law Enforcement Officer Standards and Education from the
Critical Infrastructure Protection Council in SECTION 1, SUBCHAPTER B. 

C.S.H.B. 9 modifies the original version of the bill by adding the Texas
State Fire Marshall's Office to the Critical Infrastructure Protection
Council in SECTION 1, SUBCHAPTER B. 

C.S.H.B. 9 modifies the original version of the bill by removing the
provision for the annual report published by the Critical Infrastructure
Protection Council to be exempted from public disclosure in SECTION  1,
SUBCHAPTER B. 

C.S.H.B. 9 modifies the original version of the bill in SECTION 1
SUBCHAPTER C,  by clarifying that immunity from civil liability does not
apply to certain persons whose performance was negligent, or done with
indifference or disregard for the safety of individuals.  

C.S.H.B. 9 modifies the original version of the bill by adding "federal
and state" between "available" and "grants" on page 9, line 3 of the
original bill in SECTION  1, SUBCHAPTER D, clarifying types of grants. 

C.S.H.B. 9 modifies the original version of the bill by adding a provision
in SECTION  1, SUBCHAPTER D, Section 421.072 (a) that the office of the
Governor shall designate the state administering agency for each grant
given to the State of Texas.