By:  Armbrister                                                   S.B. No. 457

A BILL TO BE ENTITLED
AN ACT
relating to the creation of a council to help the Department of Public Safety improve the public safety telecommunications capabilities of state agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Sections 411.0105 and 411.0106 to read as follows: Sec. 411.0105. PUBLIC SAFETY TELECOMMUNICATIONS COUNCIL. (a) In this section, "public safety spectrum" means any telecommunications spectrum allocated by the Federal Communications Commission for operation of interoperable and general-use radio communications systems for public safety purposes in the state. (b) The Public Safety Telecommunications Council is composed of the administrative head of each of the following entities or that person's designee. (1) the department; (2) Texas Department of Transportation; (3) Texas Department of Criminal Justice; (4) Parks and Wildlife Department; (5) Texas Forest Service; (6) Texas Youth Commission; (7) Texas Alcoholic Beverage Commission; and (8) Sheriff's Association of Texas. (c) The Council shall: (1) advise the department in the development and administration of a plan to implement a statewide integrated public safety telecommunications system for state agencies and other state public safety entities which are members of the entities referenced under subdivision (6) that promotes interoperability and other shared uses of the public safety spectrum within and between local, state, and federal agencies and that is consistent with the regulations and decisions of the Federal Communications Commission; (2) develop a model memorandum of understanding that sets forth the general terms of agreement for interoperability and other shared uses of the public safety spectrum and infrastructure between a state agency and a local or federal agency; (3) research and identify the telecommunications equipment necessary to promote interoperability and other shared uses of the public safety spectrum within and between local, state, and federal agencies; (4) research and identify state agencies that need new or upgraded telecommunications equipment to be capable of participating in interoperability and other shared uses of the public safety spectrum within and between local, state, and federal agencies; (5) advise the department in the development and administration of a program to purchase appropriate telecommunications equipment for state agencies identified as needing new or upgraded equipment; and (6) assist representatives of the following entities to develop specific agreements for interoperability and other shared uses of the public safety spectrum between the entity and local state and federal agencies that operate a telecommunications system on the public safety spectrum and that have the capability for interoperability or other shared uses: (A) the Texas Police Chiefs Association; (B) the Texas Fire Chiefs Association; (C) the Texas Association of Counties; (D) the Texas Municipal League; and (E) the State Firemen and Fire Marshall's Association (d) To obtain assistance or information necessary for the performance of duties under this section, the council may consult with a representative of an entity listed in Subsection (c)(6). (e) Not later than September 1 of each year, the council shall provide to the legislature a report on the status of its duties under this section. (f) The council is subject to chapter 2110, except that Section 2110.002 does not apply. Sec. 411.0106. PUBLIC SAFETY TELECOMMUNICATIONS FUND. (a) The public safety telecommunications fund is an account in the general revenue fund. (b) Section 403.095 does not apply to the public safety telecommunications fund. (c) The public safety telecommunications fund is financed by: (1) an additional fee on each driver's license issuance and renewal as prescribed by section 521.421, Transportation Code; and (2) any federal money, including grants and appropriations, sent to the state and dedicated for homeland security telecommunications purposes. (d) Money in the public safety telecommunications fund may only be appropriated to and used by the department in accordance with this section and section 411.0105 to: (1) purchase new or upgraded telecommunications equipment for state agencies to enable the agencies to be capable of participating in interoperability and other shared uses of the public safety spectrum within and between local, state, and federal agencies; (2) reimburse state agencies for the cost of operating telecommunications equipment and participating in interoperability and other shared uses of the public safety spectrum within and between local, state, and federal agencies; and (3) reimburse state agencies for maintenance costs associated with the operations of public safety telecommunications equipment over time. SECTION 2. Section 521.421, Transportation Code, is amended by adding Sections (a) and (b) and adding Subsection (i) to read as follows: (a) The fee for issuance or renewal of a license not otherwise provided for by this section is $36 [$24]. (b) The fee for renewal of a class M license or for renewal of a license that includes authorization to operate a motorcycle is $44 [$32]. (i) The Department shall remit $12 from each fee collected by the issuance or renewal of a license under subsections (a) and (b) to the comptroller for deposit in the public safety telecommunications fund account subject to Subsection 411.0106, Government Code. SECTION 3. The Public Safety Telecommunications Council created by Section 411.0105, Government Code, as added by this act: (1) shall hold its first meeting in accordance with that section not later than December 1, 2003; and (2) Shall provide to the legislature its first report on the progress of its duties and functions under that section not later than January 1, 2005. SECTION 4. 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.