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.