S.B. No. 9
AN ACT
relating to homeland security; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Agriculture Code, is amended by
adding Section 2.006 to read as follows:
Sec. 2.006. POLICY: PROTECTION OF STATE FROM CERTAIN PESTS
AND DISEASES. (a) The agricultural policy of this state must
recognize that it is of paramount importance to protect this state
and the agriculture industry in this state against the intentional
or unintentional introduction or dissemination of damaging plant
and animal pests and diseases.
(b) The department, with the assistance of the Texas Animal
Health Commission, shall pursue a policy of ensuring that the
borders of this state are secure from shipments of potentially
dangerous plant and animal pests and diseases.
SECTION 2. Section 71.0081, Agriculture Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The department may enter into an agreement with a
corporation or other private entity to provide goods or services
for the establishment and operation of checkpoints or the
performance of inspections under this section.
SECTION 3. Subchapter A, Chapter 71, Agriculture Code, is
amended by adding Section 71.0082 to read as follows:
Sec. 71.0082. INSPECTIONS FOR CERTAIN PESTS AND DISEASES.
(a) In addition to vehicle inspections authorized under Section
71.0081, the department and the Texas Animal Health Commission,
under the direction of the department, shall jointly conduct road
station and interstate shipment inspections as feasible at
strategic points throughout this state and as determined to be
appropriate by the department and the Texas Animal Health
Commission, taking into consideration the significance of plant and
animal inspections in proactively protecting this state's borders.
(b) The department may enter into an agreement with a
corporation or other private entity to provide goods or services
for the establishment and operation of checkpoints or the
performance of inspections under this section.
SECTION 4. Section 161.048, Agriculture Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The commission may enter into an agreement with a
corporation or other private entity to provide goods or services
for the establishment and operation of checkpoints or the
performance of inspections under this section.
SECTION 5. Article 2.122, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) In addition to the powers of arrest, search, and seizure
under Subsection (a), a Special Agent of the Secret Service
protecting a person described by 18 U.S.C. Section 3056(a) or
investigating a threat against a person described by 18 U.S.C.
Section 3056(a) has the powers of arrest, search, and seizure as to:
(1) misdemeanor offenses under the laws of this state;
and
(2) any criminal offense under federal law.
SECTION 6. Section 418.004, Government Code, is amended by
adding Subdivision (9) to read as follows:
(9) "Regional planning commission" means a regional
planning commission, council of governments, or other regional
planning agency created under Chapter 391, Local Government Code.
SECTION 7. Subsection (c), Section 418.107, Government
Code, is amended to read as follows:
(c) A political subdivision or regional planning commission
may render aid to other political subdivisions or regional planning
commissions under mutual aid agreements.
SECTION 8. Subsection (d), Section 418.109, Government
Code, is amended to read as follows:
(d) A municipality, county, emergency services district,
fire protection agency, regional planning commission, organized
volunteer group, or other emergency services entity may provide
mutual aid assistance on request from another municipality, county,
emergency services district, fire protection agency, regional
planning commission, organized volunteer group, or other emergency
services entity. The chief or highest ranking officer of the entity
from which assistance is requested, with the approval and consent
of the presiding officer of the governing body of that entity, may
provide that assistance while acting in accordance with the
policies, ordinances, and procedures established by the governing
body of that entity and consistent with any mutual aid plans
developed by the emergency management council.
SECTION 9. The heading to Subchapter B, Chapter 421,
Government Code, is amended to read as follows:
SUBCHAPTER B. HOMELAND SECURITY [CRITICAL INFRASTRUCTURE
PROTECTION] COUNCIL
SECTION 10. Subsections (a) and (b), Section 421.021,
Government Code, are amended to read as follows:
(a) The Homeland Security [Critical Infrastructure
Protection] Council is composed of the governor or the governor's
designee and one representative of each of the following entities,
appointed by the single statewide elected or appointed governing
officer, [or] administrative head, or chair, as appropriate, of the
entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) [Texas] Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) division of emergency management of the office of
the governor;
(9) adjutant general's department [Texas National
Guard];
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
[and]
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) Senate Committee on Transportation and Homeland
Security;
(18) House Committee on Defense Affairs and
State-Federal Relations;
(19) Texas Animal Health Commission;
(20) Texas Association of Regional Councils;
(21) Texas Commission on Law Enforcement Officer
Standards and Education;
(22) state fire marshal's office;
(23) Texas Education Agency;
(24) Texas Commission on Fire Protection;
(25) Parks and Wildlife Department;
(26) Texas Forest Service; and
(27) Texas Water Development Board.
(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.
SECTION 11. Chapter 421, Government Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. PERMANENT SPECIAL ADVISORY COMMITTEES
Sec. 421.041. FIRST RESPONDER ADVISORY COUNCIL. (a) The
First Responder Advisory Council is a permanent special advisory
committee created to advise the governor or the governor's designee
on homeland security issues relevant to first responders, radio
interoperability, the integration of statewide exercises for
hazards, and the related use of available funding.
(b) The council is composed of:
(1) one representative for each of the following
sectors of the state, appointed by the governor or the governor's
designee:
(A) law enforcement;
(B) firefighters;
(C) private first responders; and
(D) emergency medical services; and
(2) other members, as determined by the governor or
the governor's designee.
Sec. 421.042. PRIVATE SECTOR ADVISORY COUNCIL. (a) The
Private Sector Advisory Council is a permanent special advisory
committee created to advise the governor or the governor's designee
on homeland security issues relevant to the private sector.
(b) The council is composed of:
(1) one representative of a private organization or
entity for each of the following sectors of the state, each
appointed by the governor or the governor's designee:
(A) agriculture and food;
(B) banking and finance;
(C) chemicals and hazardous materials;
(D) the defense industry;
(E) energy;
(F) emergency services;
(G) information technology;
(H) telecommunications;
(I) postal and shipping;
(J) public health;
(K) transportation;
(L) ports and waterways; and
(M) national monuments and icons; and
(2) other members, as determined by the governor or
the governor's designee.
Sec. 421.043. ELIGIBILITY. (a) To be eligible for
appointment as a member of a permanent special advisory committee
created under this subchapter, a person must demonstrate experience
in the sector that the person is under consideration to represent
and be directly involved in related policies, programs, or funding
activities that are relevant to homeland security or infrastructure
protection.
(b) Each member of a permanent special advisory committee
created under this subchapter serves at the will of the governor.
Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
PROHIBITED. A person who is a member of a permanent special
advisory committee created under this subchapter is not entitled to
receive compensation from this state for service on the committee
or travel expenses incurred by the person while conducting the
business of the committee.
Sec. 421.045. DUTIES. Each permanent special advisory
committee created under this subchapter 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;
(3) specific priorities related to the governor's
homeland security strategy that the committee determines to be of
significant importance to the statewide security of critical
infrastructure; and
(4) other matters related to the planning,
development, coordination, and implementation of initiatives to
promote the governor's homeland security strategy.
SECTION 12. Section 421.071, Government Code, is amended to
read as follows:
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 Homeland Security [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.
SECTION 13. Subsections (a) and (c), Section 421.072,
Government Code, are amended to read as follows:
(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 and defense base development authorities created under
Chapter 379B, Local Government Code, that perform homeland security
activities;
(2) periodically review the grants and other funding
for appropriateness and compliance; [and]
(3) designate state administering agencies to
administer all grants and other funding to the state related to
homeland security; and
(4) measure the effectiveness of the homeland security
grants and other funding.
(c) A state or local agency or defense base development
authority that receives a grant or other funding related to
homeland security must provide an annual report to the office of the
governor detailing:
(1) the [agency's] compliance of the agency or
authority with the state homeland security strategy;
(2) any expenditures made using the funding;
(3) any programs developed or implemented using the
funding; and
(4) the manner in which any expenditures made or
programs developed or implemented have improved the ability of the
agency or authority to detect, deter, respond to, and recover from a
terrorist attack.
SECTION 14. Chapter 421, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. GOVERNOR'S INTEROPERABLE RADIO COMMUNICATIONS
PROGRAM
Sec. 421.095. DEFINITIONS. In this subchapter:
(1) "First responder" means a public safety employee
or volunteer whose duties include responding rapidly to an
emergency. The term includes:
(A) a peace officer whose duties include
responding rapidly to an emergency;
(B) fire protection personnel under Section
419.021;
(C) a volunteer firefighter who is:
(i) certified by the Texas Commission on
Fire Protection or by the State Firemen's and Fire Marshalls'
Association of Texas; or
(ii) a member of an organized volunteer
fire-fighting unit as described by Section 615.003; and
(D) an individual certified as emergency medical
services personnel by the Department of State Health Services.
(2) "Infrastructure equipment" means the underlying
permanent equipment required to establish interoperable
communication between radio systems used by local, state, and
federal agencies and first responders.
Sec. 421.096. INTEROPERABILITY OF RADIO SYSTEMS. The
office of the governor shall:
(1) develop and administer a strategic plan to design
and implement a statewide integrated public safety radio
communications system that promotes interoperability within and
between local, state, and federal agencies and first responders;
(2) develop and administer a plan in accordance with
Subdivision (1) to purchase infrastructure equipment for state and
local agencies and first responders;
(3) advise representatives of entities in this state
that are involved in homeland security activities with respect to
interoperability; and
(4) use appropriated money, including money from
relevant federal homeland security grants, for the purposes of
designing, implementing, and maintaining a statewide integrated
public safety radio communications system.
Sec. 421.097. ASSISTANCE. The office of the governor may
consult with a representative of an entity described by Section
421.096(3) to obtain assistance or information necessary for the
performance of any duty under this subchapter.
Sec. 421.098. REPORT. Not later than September 1 of each
year, the office of the governor shall provide to the legislature a
report on the status of its duties under this subchapter.
SECTION 15. Chapter 421, Government Code, is amended by
adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS
Sec. 421.901. INTEROPERABILITY OF CRITICAL INFORMATION
SYSTEMS. The office of the governor shall develop a plan for
appropriate entities to use information systems that:
(1) employ underlying computer equipment and software
required to establish interoperable communication between computer
systems used by local, state, and federal agencies and first
responders; and
(2) provide a single point of entry to disseminate
information, applications, processes, and communications.
SECTION 16. Section 791.006, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (d) to
read as follows:
(a) If governmental units contract under this chapter to
furnish or obtain [the] services of a fire department, such as
training, fire suppression, fire fighting, ambulance services,
hazardous materials response services, fire and rescue services, or
paramedic services, the governmental unit that would have been
responsible for furnishing the services in the absence of the
contract is responsible for any civil liability that arises from
the furnishing of those services.
(a-1) Notwithstanding Subsection (a), if a municipality,
county, rural fire prevention district, emergency services
district, fire protection agency, regional planning commission, or
joint board enters into a contract with a governmental unit under
this chapter to furnish or obtain fire or emergency services, the
parties to the contract may agree to assign responsibility for
civil liability that arises from the furnishing or obtaining of
services under the contract in any manner agreed to by the parties.
To assign responsibility for civil liability under this subsection,
the parties to the contract must assign responsibility in a written
provision of the contract that specifically references this
subsection and states that the assignment of liability is intended
to be different than liability otherwise assigned under Subsection
(a).
(d) Notwithstanding any other provision of this chapter, a
contract under this chapter is not a joint enterprise for the
purpose of assigning or determining liability.
SECTION 17. Subchapter B, Chapter 12, Health and Safety
Code, is amended by adding Section 12.0128 to read as follows:
Sec. 12.0128. HEALTH ALERT NETWORK. The department shall
include the Texas Association of Local Health Officials, the Texas
Association of Community Health Centers, and the Texas Organization
of Rural and Community Hospitals in the department's Texas Health
Alert Network to the extent federal funds for bioterrorism
preparedness are available for that purpose.
SECTION 18. Section 341.033, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) An owner, agent, manager, operator, or other person in
charge of a public water supply system that furnishes water for
public or private use or a wastewater system that provides
wastewater services for public or private use shall maintain
internal procedures to notify the commission immediately of the
following events, if the event may negatively impact the production
or delivery of safe and adequate drinking water:
(1) an unusual or unexplained unauthorized entry at
property of the public water supply or wastewater system;
(2) an act of terrorism against the public water
supply or wastewater system;
(3) an unauthorized attempt to probe for or gain
access to proprietary information that supports the key activities
of the public water supply or wastewater system;
(4) a theft of property that supports the key
activities of the public water supply or wastewater system; or
(5) a natural disaster, accident, or act that results
in damage to the public water supply or wastewater system.
SECTION 19. Subchapter G, Chapter 756, Health and Safety
Code, as added by Chapter 1082, Acts of the 78th Legislature,
Regular Session, 2003, is amended by adding Section 756.106 to read
as follows:
Sec. 756.106. SAFETY STANDARDS AND BEST PRACTICES. The
Railroad Commission of Texas shall adopt and enforce safety
standards and best practices, including those described by 49
U.S.C. Section 6105 et seq., relating to the prevention of damage by
a person to a facility under the jurisdiction of the commission.
SECTION 20. Subsection (b), Section 30.05, Penal Code, is
amended by adding Subdivision (7) to read as follows:
(7) "Critical infrastructure facility" means one of
the following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility,
substation, switching station, electrical control center, or
electrical transmission or distribution facility;
(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor
station;
(F) a liquid natural gas terminal or storage
facility;
(G) a telecommunications central switching
office;
(H) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
or
(J) a transmission facility used by a federally
licensed radio or television station.
SECTION 21. Section 30.05, Penal Code, is amended by
amending Subsection (d) and adding Subsections (g) and (h) to read
as follows:
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; [or]
(B) on a Superfund site; or
(C) on or in a critical infrastructure facility;
or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.
(g) It is a defense to prosecution under this section that
the actor entered a railroad switching yard or any part of a
railroad switching yard and was at that time an employee or a
representative of employees exercising a right under the Railway
Labor Act (45 U.S.C. Section 151 et seq.).
(h) At the punishment stage of a trial in which the attorney
representing the state seeks the increase in punishment provided by
Subsection (d)(1)(C), the defendant may raise the issue as to
whether the defendant entered or remained on or in a critical
infrastructure facility as part of a peaceful or lawful assembly,
including an attempt to exercise rights guaranteed by state or
federal labor laws. If the defendant proves the issue in the
affirmative by a preponderance of the evidence, the increase in
punishment provided by Subsection (d)(1)(C) does not apply.
SECTION 22. (a) Section 411.0105, Government Code, is
repealed.
(b) Section 752.006, Health and Safety Code, is repealed.
SECTION 23. On the effective date of this Act:
(1) the Public Safety Radio Communications Council is
abolished;
(2) the office of the governor replaces the Public
Safety Radio Communications Council as the entity responsible for
oversight of the development of a program related to the
interoperability of radio communications;
(3) all property, including records, in the custody of
the Department of Public Safety of the State of Texas that relates
to the Public Safety Radio Communications Council or a program to
promote the interoperability of radio communications becomes the
property of the office of the governor and shall be made available
to the office of the governor no later than December 1, 2005; and
(4) all funds appropriated by the legislature to the
Department of Public Safety of the State of Texas for the purpose of
providing administrative support to the Public Safety Radio
Communications Council are transferred to the office of the
governor.
SECTION 24. The head of each entity listed in Subdivision
(9) and Subdivisions (14) through (27), Subsection (a), Section
421.021, Government Code, as amended by this Act, shall appoint a
representative to the Homeland Security Council, as required by
that section, not later than December 1, 2005.
SECTION 25. The governor shall make all required
appointments to the First Responder Advisory Council and the
Private Sector Advisory Council, in accordance with Subchapter B-1,
Chapter 421, Government Code, as added by this Act, not later than
December 1, 2005.
SECTION 26. (a) The change in law made by this Act to
Section 791.006, Government Code, does not affect any civil
liability for services furnished under an interlocal cooperation
contract entered into before the effective date of this Act to
furnish or obtain the services of a fire department.
(b) The former law is continued in effect for the purpose of
determining liability, if any, for services furnished under an
interlocal cooperation contract entered into before the effective
date of this Act to furnish or obtain the services of a fire
department.
SECTION 27. The Railroad Commission of Texas shall adopt
the safety standards and best practices required by Section
756.106, Health and Safety Code, as added by this Act, not later
than June 1, 2007.
SECTION 28. The change in law made by this Act to Section
30.05, Penal Code, applies only to an offense committed on or after
September 1, 2005. An offense committed before September 1, 2005,
is covered by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before September
1, 2005, if any element of the offense was committed before that
date.
SECTION 29. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 9 passed the Senate on
April 19, 2005, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendments on May 28, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 9 passed the House, with
amendments, on May 25, 2005, by the following vote: Yeas 144,
Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor