79R2392 KEG-D

By:  Staples                                                      S.B. No. 432



A BILL TO BE ENTITLED

AN ACT

relating to the abolition of the Public Safety Radio Communications 
Council and the transfer of certain functions to the office of the 
governor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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      
				(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 a model memorandum of understanding that 
sets forth the general terms of agreement for interoperability 
between a state agency and a local or federal agency;
		(3)  develop and administer a plan in accordance with 
Subdivision (1) to purchase infrastructure equipment for state and 
local agencies and first responders;
		(4)  advise representatives of the following entities 
on the purchase of infrastructure equipment and the development of 
specific agreements for interoperability between local, state, and 
federal agencies and first responders that operate radio systems 
and have the capability for interoperability:
			(A)  the State Firemen's and Fire Marshals' 
Association of Texas;   
			(B)  the Texas Police Chiefs Association;                             
			(C)  the Texas Fire Chiefs Association;                               
			(D)  the Texas Association of Counties; and                           
			(E)  the Texas Municipal League; and                                  
		(5)  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 listed in Section 
421.096(4) 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 2.  Section 411.0105, Government Code, is repealed.                    
	SECTION 3.  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 Texas Department of Public Safety 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 
Texas Department of Public Safety for the purpose of providing 
administrative support to the Public Safety Radio Communications 
Council are transferred to the office of the governor.
	SECTION 4.  This Act takes effect September 1, 2005.