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H.B. No. 9
AN ACT
relating to homeland security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 421 to read as follows:
CHAPTER 421. HOMELAND SECURITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 421.001. DEFINITIONS. In this chapter:
(1) "Agency" means any governmental entity.
(2) "Critical infrastructure" includes all public or
private assets, systems, and functions vital to the security,
governance, public health and safety, economy, or morale of the
state or the nation.
(3) "Homeland security activity" means any activity
related to the prevention or discovery of, response to, or recovery
from a terrorist attack, natural or man-made disaster, hostile
military or paramilitary action, or extraordinary law enforcement
emergency.
Sec. 421.002. HOMELAND SECURITY STRATEGY. (a) The
governor shall direct homeland security in this state and shall
develop a statewide homeland security strategy that improves the
state's ability to:
(1) detect and deter threats to homeland security;
(2) respond to homeland security emergencies; and
(3) recover from homeland security emergencies.
(b) The governor's homeland security strategy shall
coordinate homeland security activities among and between local,
state, and federal agencies and the private sector and must include
specific plans for:
(1) intelligence gathering and analysis;
(2) information sharing;
(3) reducing the state's vulnerability to homeland
security emergencies;
(4) protecting critical infrastructure;
(5) protecting the state's international border,
ports, and airports;
(6) detecting, deterring, and defending against
terrorism, including cyber-terrorism and biological, chemical, and
nuclear terrorism;
(7) positioning equipment, technology, and personnel
to improve the state's ability to respond to a homeland security
emergency;
(8) directing the Texas Infrastructure Protection
Communications Center and giving the center certain forms of
authority to implement the governor's homeland security strategy;
and
(9) using technological resources to:
(A) facilitate the interoperability of
government technological resources, including data, networks, and
applications;
(B) coordinate the warning and alert systems of
state and local agencies;
(C) incorporate multidisciplinary approaches to
homeland security; and
(D) improve the security of governmental and
private sector information technology and information resources.
(c) The governor's homeland security strategy must
complement and operate in coordination with the federal homeland
security strategy.
Sec. 421.003. CRIMINAL INTELLIGENCE INFORMATION. The
Department of Public Safety of the State of Texas is:
(1) the repository in this state for the collection of
multijurisdictional criminal intelligence information that is
about terrorist activities or otherwise related to homeland
security activities; and
(2) the state agency that has primary responsibility
to analyze and disseminate that information.
Sec. 421.004. PROVISIONS GOVERNING MOBILE TRACKING
DEVICES. In the event of a conflict between Section 14, Article
18.21, Code of Criminal Procedure, and this chapter or a rule
adopted under this chapter, Section 14, Article 18.21, Code of
Criminal Procedure, controls.
[Sections 421.005-421.020 reserved for expansion]
SUBCHAPTER B. CRITICAL INFRASTRUCTURE PROTECTION COUNCIL
Sec. 421.021. MEMBERSHIP. (a) The Critical Infrastructure
Protection Council is composed of the governor or the governor's
designee and one representative of each of the following entities,
appointed by the single statewide elected or appointed governing
officer or administrative head of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Texas Department of Health;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) division of emergency management of the office of
the governor;
(9) Texas National Guard;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
and
(13) Texas Department of Transportation.
(b) To be eligible for appointment as a member of the
council, a person must be directly involved in the policies,
programs, or funding activities of the appointing agency, office,
or division that are relevant to homeland security or
infrastructure protection.
(c) A member of the council serves at the will of the
governor. At the request of the governor, an appointing authority
under this section shall appoint a different member.
(d) An officer or employee of a state or local agency who
serves as a member of the council or a special advisory committee
under this subchapter shall perform the duties required by the
council or special advisory committee as an additional duty of the
member's office or employment.
Sec. 421.022. REIMBURSEMENT OF EXPENSES. A member of the
council may not receive additional compensation for service on the
council but is entitled to reimbursement of reasonable expenses
incurred in direct performance of official duties, including travel
expenses incurred by the member while conducting the business of
the council, subject to any applicable limitation on reimbursement
provided by general law or the General Appropriations Act.
Sec. 421.023. ADMINISTRATION. (a) The council is an
advisory entity administered by the office of the governor.
(b) The governor may adopt rules as necessary for the
operation of the council.
(c) The governor shall designate the presiding officer of
the council.
(d) The council shall meet at the call of the governor and
shall meet at least once each quarter in a calendar year.
(e) The council is not subject to Chapter 2110.
Sec. 421.024. DUTIES. The council shall advise the
governor on:
(1) the development and coordination of a statewide
critical infrastructure protection strategy;
(2) 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
(3) other matters related to the planning,
development, coordination, and implementation of initiatives to
promote the governor's homeland security strategy.
Sec. 421.025. SPECIAL ADVISORY COMMITTEES. (a) The
governor may appoint one or more special advisory committees
composed of representatives from state or local agencies or
nongovernmental entities not represented on the council.
(b) The governor shall determine the number of members and
qualifications for membership on a special advisory committee under
this section.
(c) A special advisory committee under this section shall
assist the council in performing its duties.
(d) A special advisory committee under this section is
subject to Chapter 2110, except that Section 2110.002 does not
apply.
Sec. 421.026. REPORT. The council shall annually submit to
the governor a report stating:
(l) the council's progress in developing and
coordinating a statewide critical infrastructure protection
strategy;
(2) the status and funding of state programs designed
to detect and deter homeland security emergencies, including the
status and funding of counterterrorism efforts;
(3) recommendations on actions to reduce threats to
homeland security, including threats related to terrorism; and
(4) recommendations for improving the alert,
response, and recovery capabilities of state and local agencies.
[Sections 421.027-421.060 reserved for expansion]
SUBCHAPTER C. CIVIL LIABILITY FOR ACTS OR OMISSIONS
Sec. 421.061. CIVIL LIABILITY. (a) An officer or employee
of a state or local agency performing a homeland security activity
or a volunteer performing a homeland security activity at the
request or under the direction of an officer or employee of a state
or local agency is considered for purposes of Section 431.085 to be
a member of the state military forces ordered into active service of
the state by proper authority and is considered to be discharging a
duty in that capacity if:
(1) the officer, employee, or volunteer is performing
the homeland security activity under procedures prescribed or
circumstances described for the purpose of this section in the
governor's homeland security strategy;
(2) in the case of a volunteer, the volunteer is acting
within the course and scope of the request or direction of the
officer or employee of the state or local agency; and
(3) in the case of an officer or employee of a state or
local agency, the officer or employee is acting within the course
and scope of the person's authority.
(b) A person described by Subsection (a) is not immune from
civil liability under Section 431.085 for damages resulting from
the performance of a homeland security activity if, under the
circumstances, the person's performance of the homeland security
activity was wilfully or wantonly negligent or done with conscious
indifference or reckless disregard for the safety of persons this
chapter is intended to protect.
(c) This section does not make a person a member of the state
military forces for any other purpose, including for purposes of
the application of the Uniform Code of Military Justice.
(d) This section does not affect the application of Section
431.085 on its own terms to a person who is a member of the state
military forces ordered into active service of the state by proper
authority under other law.
Sec. 421.062. LIABILITY UNDER INTERLOCAL CONTRACT. (a) In
this section, "interlocal contract" has the meaning assigned by
Section 791.003.
(b) A state or local agency that furnishes a service related
to a homeland security activity under an interlocal contract is
immune from civil liability for any act or omission resulting in
death, damage, or injury while acting under the interlocal contract
if:
(1) the interlocal contract expressly states that the
furnishing state or local agency is not responsible for any civil
liability that arises from the furnishing of a service under the
contract; and
(2) the state or local agency committed the act or
omission while acting in good faith and in the course and scope of
its functions to provide a service related to a homeland security
activity.
(c) This section may not be interpreted as a waiver of any
immunity that might exist in the absence of an interlocal contract
or a provision in an interlocal contract as set forth in Subsection
(b).
[Sections 421.063-421.070 reserved for expansion]
SUBCHAPTER D. COOPERATION AND ASSISTANCE; FUNDING
Sec. 421.071. COOPERATION AND ASSISTANCE. A state or local
agency that performs a homeland security activity or a
nongovernmental entity that contracts with a state or local agency
to perform a homeland security activity shall cooperate with and
assist the office of the governor, the Critical Infrastructure
Protection Council, the Texas Infrastructure Protection
Communications Center, and the National Infrastructure Protection
Center in the performance of their duties under this chapter and
other state or federal law.
Sec. 421.072. FUNDING. (a) The office of the governor
shall:
(1) allocate available federal and state grants and
other funding related to homeland security to state and local
agencies that perform homeland security activities;
(2) periodically review the grants and other funding
for appropriateness and compliance; and
(3) designate state administering agencies to
administer all grants and other funding to the state related to
homeland security.
(b) State and local agencies that perform homeland security
activities shall inform the office of the governor about any
actions taken relating to requests for revenue, grants, or other
funding for homeland security activities or initiatives.
(c) A state or local agency that receives a grant or other
funding related to homeland security must provide an annual report
to the office of the governor detailing the agency's compliance
with the state homeland security strategy.
[Sections 421.073-421.080 reserved for expansion]
SUBCHAPTER E. TEXAS INFRASTRUCTURE PROTECTION
COMMUNICATIONS CENTER
Sec. 421.081. FACILITIES AND ADMINISTRATIVE SUPPORT. The
Department of Public Safety of the State of Texas shall provide
facilities and administrative support for the Texas Infrastructure
Protection Communications Center.
Sec. 421.082. POWERS AND DUTIES. (a) The center shall
serve as the state's primary entity for the planning, coordination,
and 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.
(b) The center's duties include:
(1) promotion of emergency preparedness;
(2) receipt and analysis of information, assessment of
threats, and issuance of public warnings related to homeland
security emergencies; and
(3) authorization and facilitation of cooperative
efforts related to emergency response and recovery efforts in the
event of a homeland security emergency.
(c) In performing its duties under this section, the center
shall aim to:
(1) reduce the vulnerability of at-risk or targeted
entities to homeland security emergencies; and
(2) prevent or minimize damage, injury, loss of life,
and loss of property in the event of a homeland security emergency.
(d) The center shall perform its duties under circumstances
prescribed by and as directed by the governor's homeland security
strategy.
SECTION 2. Section 418.175(a), Government Code, is amended
to read as follows:
(a) Information that relates to physically or mentally
disabled individuals or other [medically fragile] individuals with
special needs and that is maintained for purposes of emergency
management or disaster planning is confidential [and excepted from
required disclosure under Chapter 552].
SECTION 3. Subchapter H, Chapter 418, Government Code, is
amended by adding Sections 418.176-418.183 to read as follows:
Sec. 418.176. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO EMERGENCY RESPONSE PROVIDERS. (a) Information is
confidential if the information is collected, assembled, or
maintained by or for a governmental entity for the purpose of
preventing, detecting, responding to, or investigating an act of
terrorism or related criminal activity and:
(1) relates to the staffing requirements of an
emergency response provider, including a law enforcement agency, a
fire-fighting agency, or an emergency services agency;
(2) relates to a tactical plan of the provider; or
(3) consists of a list or compilation of pager or
telephone numbers, including mobile and cellular telephone
numbers, of the provider.
(b) In this section and Sections 418.177-418.183,
"governmental entity" includes the governing body of a nonprofit
corporation organized under Chapter 67, Water Code, that provides a
water supply or wastewater service, or both, and is exempt from ad
valorem taxation under Section 11.30, Tax Code.
Sec. 418.177. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO RISK OR VULNERABILITY ASSESSMENT. Information is
confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity; and
(2) relates to an assessment by or for a governmental
entity, or an assessment that is maintained by a governmental
entity, of the risk or vulnerability of persons or property,
including critical infrastructure, to an act of terrorism or
related criminal activity.
Sec. 418.178. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CONSTRUCTION OR ASSEMBLY OF WEAPONS. (a) In this
section, "explosive weapon" has the meaning assigned by Section
46.01, Penal Code.
(b) Information is confidential if it is information
collected, assembled, or maintained by or for a governmental entity
and:
(1) is more than likely to assist in the construction
or assembly of an explosive weapon or a chemical, biological,
radiological, or nuclear weapon of mass destruction; or
(2) indicates the specific location of:
(A) a chemical, biological agent, toxin, or
radioactive material that is more than likely to be used in the
construction or assembly of such a weapon; or
(B) unpublished information relating to a
potential vaccine or to a device that detects biological agents or
toxins.
Sec. 418.179. CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES
AND SECURITY KEYS FOR COMMUNICATIONS SYSTEM. (a) Information is
confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity; and
(2) relates to the details of the encryption codes or
security keys for a public communications system.
(b) This section does not prohibit a governmental entity
from making available, at cost, to bona fide local news media, for
the purpose of monitoring emergency communications of public
interest, the communications terminals used in the entity's trunked
communications system that have encryption codes installed.
Sec. 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION
PREPARED FOR UNITED STATES. Information, other than financial
information, in the possession of a governmental entity is
confidential if the information:
(1) is part of a report to an agency of the United
States;
(2) relates to an act of terrorism or related criminal
activity; and
(3) is specifically required to be kept confidential:
(A) under Section 552.101 because of a federal
statute or regulation;
(B) to participate in a state-federal
information sharing agreement; or
(C) to obtain federal funding.
Sec. 418.181. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CRITICAL INFRASTRUCTURE. Those documents or portions
of documents in the possession of a governmental entity are
confidential if they identify the technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism.
Sec. 418.182. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO SECURITY SYSTEMS. (a) Except as provided by
Subsections (b) and (c), information, including access codes and
passwords, in the possession of a governmental entity that relates
to the specifications, operating procedures, or location of a
security system used to protect public or private property from an
act of terrorism or related criminal activity is confidential.
(b) Financial information in the possession of a
governmental entity that relates to the expenditure of funds by a
governmental entity for a security system is public information
that is not excepted from required disclosure under Chapter 552.
(c) Information in the possession of a governmental entity
that relates to the location of a security camera in a private
office at a state agency, including an institution of higher
education, as defined by Section 61.003, Education Code, is public
information and is not excepted from required disclosure under
Chapter 552 unless the security camera:
(1) is located in an individual personal residence for
which the state provides security; or
(2) is in use for surveillance in an active criminal
investigation.
Sec. 418.183. DISCLOSURE OF CERTAIN CONFIDENTIAL
INFORMATION. (a) This section applies only to information that is
confidential under Sections 418.175-418.182.
(b) At any time during a state of disaster, the executive or
administrative head of the governmental entity may voluntarily
disclose or otherwise make available all or part of the
confidential information to another person or another entity if the
executive or administrative head believes that the other person or
entity has a legitimate need for the information.
(c) The executive or administrative head of a port, port
authority, or navigation district created or operating under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, may voluntarily disclose or otherwise make available
all or part of the confidential information to another person if the
information:
(1) is shared in connection with a security network or
committee, including a federal or state security committee or task
force;
(2) consists of data, video, or other information on
an information-sharing device that is shared with a security
network; or
(3) is shared with an emergency operations center.
(d) The disclosure or making available of confidential
information by a hospital district to a national accreditation body
does not waive or affect the confidentiality of the information.
(e) The disclosure or making available of confidential
information under Subsection (b) or (c) does not waive or affect the
confidentiality of the information.
(f) A governmental body subject to Chapter 551 is not
required to conduct an open meeting to deliberate information to
which this section applies. Notwithstanding Section 551.103(a),
the governmental body must make a tape recording of the proceedings
of a closed meeting to deliberate the information.
SECTION 4. Section 431.051, Government Code, is amended to
read as follows:
Sec. 431.051. SUPPLEMENTAL VOLUNTEER MILITARY FORCES
[MILITIA]. To provide mission-ready volunteer military forces
[militia strength] for use by the state in homeland security and
community service activities as a supplement to the Texas National
Guard, the Texas State Guard exists as part of the state militia
under the Second Amendment to the United States Constitution and a
defense force under 32 U.S.C. Section 109.
SECTION 5. Section 431.052(b), Government Code, is amended
to read as follows:
(b) To volunteer for service in the Texas State Guard a
person must:
(1) be a resident of this state for at least 180 days
and:
(A) a [state] citizen of the United States; or
(B) a person who has been lawfully admitted to
the United States for permanent residence under the Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.);
(2) be at least 17 years of age;
(3) meet qualifications that the governor prescribes;
and
(4) be acceptable to and approved by the governor or
adjutant general under the governor's direction.
SECTION 6. Subchapter C, Chapter 662, Government Code, is
amended by adding Section 662.050 to read as follows:
Sec. 662.050. TEXAS FIRST RESPONDERS DAY. (a) September 11
is Texas First Responders Day in honor of the bravery, courage, and
determination of Texas men and women who assist others in
emergencies.
(b) Texas First Responders Day shall be regularly observed
by appropriate ceremonies in the public schools and other places to
honor Texas first responders.
SECTION 7. Section 81.042(e), Health and Safety Code, is
amended to read as follows:
(e) The following persons shall report to the local health
authority or the department a suspected case of a reportable
disease and all information known concerning the person who has or
is suspected of having the disease if a report is not made as
required by Subsections (a)-(d):
(1) a professional registered nurse;
(2) an administrator or director of a public or
private temporary or permanent child-care facility;
(3) an administrator or director of a nursing home,
personal care home, maternity home, adult respite care center, or
adult day-care center;
(4) an administrator of a home health agency;
(5) an administrator or health official of a public or
private institution of higher education;
(6) an owner or manager of a restaurant, dairy, or
other food handling or processing establishment or outlet;
(7) a superintendent, manager, or health official of a
public or private camp, home, or institution;
(8) a parent, guardian, or householder;
(9) a health professional; [or]
(10) an administrator or health official of a penal or
correctional institution; or
(11) emergency medical service personnel, a peace
officer, or a firefighter.
SECTION 8. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.055 to read as follows:
Sec. 562.055. REPORT TO TEXAS DEPARTMENT OF HEALTH. A
pharmacist shall report to the Texas Department of Health any
unusual or increased prescription rates, unusual types of
prescriptions, or unusual trends in pharmacy visits that may be
caused by bioterrorism, epidemic or pandemic disease, or novel and
highly fatal infectious agents or biological toxins that might pose
a substantial risk of a significant number of human fatalities or
incidents of permanent or long-term disability.
Prescription-related events that require a report include:
(1) an unusual increase in the number of:
(A) prescriptions to treat respiratory or
gastrointestinal complaints or fever;
(B) prescriptions for antibiotics; and
(C) requests for information on over-the-counter
pharmaceuticals to treat respiratory or gastrointestinal
complaints or fever; and
(2) any prescription that treats a disease that is
relatively uncommon and has bioterrorism potential.
SECTION 9. Sections 161.101(a), (b), and (c), Agriculture
Code, are amended to read as follows:
(a) A veterinarian, a veterinary diagnostic laboratory, or
a person having care, custody, or control of an animal shall report
the existence of the following diseases among livestock, exotic
livestock, bison, domestic fowl, or exotic fowl to the commission
within 24 hours after diagnosis of the disease:
(1) anthrax;
(2) avian infectious laryngotracheitis;
(3) avian influenza;
(4) avian tuberculosis;
(5) chronic wasting disease;
(6) duck virus enteritis;
(7) duck virus hepatitis;
(8) equine encephalomyelitis;
(9) equine infectious anemia;
(10) infectious encephalomyelitis in poultry or other
fowl;
(11) ornithosis;
(12) paramyxovirus infection in poultry or other fowl;
or
(13) scabies in sheep or cattle.
(b) In addition to reporting required by Subsection (a), the
commission may adopt rules that require a veterinarian, a
veterinary diagnostic laboratory, or a person having care, custody,
or control of an animal to report the existence of a disease other
than bluetongue in an animal to the commission within 24 hours after
diagnosis if the disease:
(1) is recognized by the United States Department of
Agriculture as a foreign animal disease;
(2) is the subject of a cooperative eradication
program with the United States Department of Agriculture;
(3) is named on "List A" of the Office International
Des Epizooties; or
(4) is the subject of a state of emergency, as declared
by the governor.
(c) The commission may adopt rules that require a
veterinarian, a veterinary diagnostic laboratory, or a person
having care, custody, or control of an animal to report a disease
not covered by Subsection (a) or (b) if the commission determines
that action to be necessary for the protection of animal health in
this state. The commission shall immediately deliver a copy of a
rule adopted under this subsection to the appropriate legislative
oversight committees. A rule adopted by the commission under this
subsection expires on the first day after the last day of the first
regular legislative session that begins after adoption of the rule
unless the rule is continued in effect by act of the legislature.
SECTION 10. (a) The governor shall develop a statewide
homeland security strategy as required by Section 421.002,
Government Code, as added by this Act, not later than September 1,
2004.
(b) The head of each entity listed in Section 421.021,
Government Code, as added by this Act, shall appoint a
representative to the Critical Infrastructure Protection Council,
as required by that section, not later than December 1, 2003.
SECTION 11. (a) It is the intent of the legislature that no
provision in this Act should be construed to affect current state or
federal law concerning military support to civilian law enforcement
personnel in this state and that any military support to civilian
law enforcement personnel in this state must be carried out in
strict compliance with the constitution, statutes, rules, and
regulations of the United States.
(b) Subsection (a) does not affect the civil liability
provisions of Subchapter C, Chapter 421, Government Code, as added
by this Act.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 9 was passed by the House on April 1,
2003, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 9 on May 23, 2003, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 9 on May 31, 2003, by the following
vote: Yeas 117, Nays 20, 3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 9 was passed by the Senate, with
amendments, on May 21, 2003, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 9 on June 1, 2003, by
the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor