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.