78R5396 KEG-F
By: Armbrister S.B. No. 1274
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a council and an account in the general
revenue fund to help improve statewide public safety wireless
communication capabilities and enhance the Texas driver's license
system.
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 WIRELESS COMMUNICATIONS
COUNCIL. (a) In this section:
(1) "Public safety spectrum" means any radio frequency
spectrum administered by the Federal Communications Commission
under 47 C.F.R. Section 90 for operation of interoperable and
general-use radio communications systems for public safety
purposes in the state.
(2) "Infrastructure equipment" means the underlying
permanent equipment required for wireless communications systems
that are designed to facilitate public safety wireless
communications interoperability.
(b) The Public Safety Wireless Communications 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) Sheriffs' Association of Texas.
(c) The council shall:
(1) advise the department in the development and
administration of a strategic plan to implement statewide
integrated public safety wireless communications systems for state
agencies, political subdivisions of the state, and volunteer fire
departments that promote 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 wireless communications
infrastructure equipment necessary to improve interoperability and
other shared uses of the public safety spectrum in order to
facilitate the strategic plan under Subdivision (1);
(4) research and identify state agencies that need new
or upgraded wireless communications 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 wireless communications
equipment in order to facilitate the strategic plan under
Subdivision (1);
(6) develop specific agreements for interoperability
and other shared uses of the public safety spectrum between local,
state, and federal agencies that operate wireless systems on the
public safety spectrum and that have the capability for
interoperability or other shared uses; and
(7) research and identify any enhancements to the
Texas driver's license system that are necessary to facilitate the
strategic plan under Subdivision (1).
(d) In developing specific agreements under Subsection
(c)(6), the council must seek assistance and relevant information
from the following entities:
(1) the State Firemen's & Fire Marshals' Association
of Texas;
(2) the Texas Police Chiefs Association;
(3) the Texas Fire Chiefs Association;
(4) the Texas Association of Counties; and
(5) the Texas Municipal League.
(e) The council may consult with a representative of an
entity listed in Subsection (d) to obtain assistance or information
necessary for the performance of any duty under this section.
(f) 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.
(g) The council is subject to Chapter 2110, except that
Section 2110.002 does not apply.
(h) The department shall provide administrative support for
the council and assist with the preparation of a report required by
this section.
Sec. 411.0106. PUBLIC SAFETY WIRELESS COMMUNICATIONS AND
DRIVER'S LICENSE SYSTEM IMPROVEMENT FUND. (a) The public safety
wireless communications and driver's license system improvement
fund is an account in the general revenue fund.
(b) Section 403.095 does not apply to the fund.
(c) The 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 wireless communications purposes.
(d) Money in the fund may only be appropriated to and used by
the department in accordance with this section and Section 411.0105
to:
(1) re-engineer and otherwise enhance the Texas
driver's license system to help prevent identity fraud, improve
information storage and retrieval capabilities, promote rapid
dissemination of information, and help facilitate statewide
interoperable wireless communications systems;
(2) maintain and support an enhanced driver's license
system;
(3) design statewide interoperable wireless
communications systems;
(4) purchase new or upgraded wireless communications
infrastructure equipment to enable local, state, and federal
agencies to be capable of participating in interoperability and
other shared uses of the public safety spectrum and to facilitate
statewide interoperable wireless communications systems; and
(5) reimburse state agencies for the costs of
operating and maintaining telecommunications equipment and
participating in interoperability and other shared uses of the
public safety spectrum within and between local, state, and federal
agencies.
SECTION 2. Section 521.421, Transportation Code, is amended
by amending Subsections (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 wireless
communications and driver's license system improvement fund
account subject to Section 411.0106, Government Code.
SECTION 3. (a) The Public Safety Wireless Communications
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
required under that section not later than September 1, 2004.
(b) In addition to information about the progress of its
duties and functions, the first report must include information
about the steps necessary and projected costs for implementation
and maintenance of statewide interoperable wireless communications
systems to facilitate the strategic plan under Section 411.0105(c),
Government Code, as added by this Act.
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.