78R9467 JRD-F
By: Flores, Corte, Isett, et al. H.B. No. 9
Substitute the following for H.B. No. 9:
By: Campbell C.S.H.B. No. 9
A BILL TO BE ENTITLED
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 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
multi-jurisdictional 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.
[Sections 421.004-421.020 reserved for expansion]
SUBCHAPTER B. CRITICAL INFRASTRUCTURE PROTECTION COUNCIL
Sec. 421.021. MEMBERSHIP. (a) The Critical Infrastructure
Protection Council is composed of the governor's chief of staff or
the designee of the chief of staff 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) office of the secretary of state;
(2) Department of Agriculture;
(3) office of the attorney general;
(4) General Land Office;
(5) Texas Animal Health Commission;
(6) state fire marshal's office;
(7) Texas Commission on Volunteerism and Community
Service;
(8) Commission on State Emergency Communications;
(9) Public Utility Commission of Texas;
(10) Texas Department of Health;
(11) Texas Department of Human Services;
(12) Department of Information Resources;
(13) Department of Public Safety of the State of
Texas;
(14) division of emergency management of the office of
the governor;
(15) Texas Department of Transportation;
(16) Texas Education Agency;
(17) Texas National Guard;
(18) Texas Commission on Environmental Quality;
(19) Parks and Wildlife Department; and
(20) Railroad Commission of Texas.
(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.
[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 a single state agency 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 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 3. 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 [state] citizen of the United States and a
resident of this state for at least 180 days;
(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 4. 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 5. (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 6. This Act takes effect September 1, 2003.