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79R5665 KEG-F
By: Gallegos S.B. No. 1762
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of a public building
mapping information system by the Texas Building and Procurement
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2152, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PUBLIC BUILDING MAPPING INFORMATION SYSTEM
Sec. 2152.151. DEFINITIONS. In this subchapter:
(1) "Committee" means the Public Building Mapping
Information System Committee under Section 2152.155.
(2) "First responder" means:
(A) a public safety employee whose primary duties
include responding rapidly to an emergency as the first person to
arrive at the scene of the emergency;
(B) a person who is defined as fire protection
personnel under Section 419.021;
(C) a volunteer firefighter certified by the
Texas Commission on Fire Protection or the State Firemen's and Fire
Marshals' Association of Texas; and
(D) a peace officer or firefighter who provides
first responder services under an interlocal agreement.
(3) "Maps and other information" means the information
required by the commission under Section 2152.152(b).
(4) "Public agency" means the state or a political
subdivision of the state.
(5) "Public building" means any building owned or
occupied by a public agency.
Sec. 2152.152. INFORMATION SYSTEM. (a) The commission,
with the advice of the committee, shall establish and operate a
statewide public building mapping information system for the
purpose of storing information related to public buildings in an
electronic format that will be readily accessible to first
responders in the event of an emergency.
(b) Subject to available funding, the commission, with the
advice of the committee, shall develop a plan to create or obtain,
as appropriate, the following information relating to public
buildings for the purpose of storing the information in the public
building mapping information system:
(1) floor plans and other relevant building maps;
(2) fire protection information;
(3) evacuation plans;
(4) utility information;
(5) known hazards;
(6) text and digital images showing emergency
personnel contact information; and
(7) other information determined by the committee to
be necessary.
Sec. 2152.153. SOFTWARE STANDARDS AND FORMAT REQUIREMENTS.
The commission, with the advice of the committee:
(1) shall develop software standards and format
requirements for the creation and storage of maps and other
information relating to public buildings by all public agencies;
and
(2) may refuse to accept for storage in the system any
submitted maps and other information that do not comply with the
software standards or format required by the commission.
Sec. 2152.154. SUBMISSION OF INFORMATION. (a) Each public
agency that creates or stores maps and other information related to
a public building shall submit the maps and information to the
commission for storage in the public building mapping information
system.
(b) A private entity that creates or stores maps and other
information related to a public building may voluntarily provide
the maps and information to the commission for storage in the public
building mapping information system.
Sec. 2152.155. COMMITTEE. (a) The Public Building Mapping
Information System Committee is an advisory entity administered by
the commission.
(b) The commission may adopt rules necessary for the
operation of the committee.
(c) The committee is composed of one representative of each
of the following entities, appointed by the single statewide
elected or appointed governing officer or administrative head of
the entity:
(1) the commission;
(2) the Department of Public Safety;
(3) the Department of Information Resources;
(4) the Texas Association of Counties;
(5) the Texas Municipal League;
(6) the Sheriffs' Association of Texas;
(7) the Texas Police Chiefs Association; and
(8) the Texas Fire Chiefs Association.
(d) The committee shall develop recommendations for the
commission with respect to:
(1) the information required to be included in the
public building mapping information system;
(2) the software standards and required format for
maps and other information to be included in the public building
mapping information system;
(3) a plan for the creation and storage of maps and
other information that, based on the availability of funding,
specifies the order in which the information shall be created and
stored;
(4) the manner in which information in the public
building mapping information system shall be accessed, including
detailed procedures and security systems that will ensure
information is made available only to appropriate persons at
appropriate times; and
(5) guidelines for training related to the use of the
public building mapping information system.
Sec. 2152.156. AVAILABILITY OF INFORMATION. The
commission, with the advice of the committee, shall develop
procedures for the release of information in the public building
mapping information system to first responders in the event of an
emergency.
Sec. 2152.157. ACCESS TO INFORMATION. This subchapter does
not apply to the extent that it interferes with the ability of a
public agency to control and maintain access to information in an
information system other than the public building mapping
information system.
Sec. 2152.158. FUNDING. The commission shall apply for
federal funding available for purposes related to this subchapter.
If the commission obtains a federal grant for public building
mapping, the commission shall use the grant to:
(1) establish and maintain the public building mapping
information system under this subchapter; and
(2) administer grants to other public agencies in
accordance with federal and state guidelines to assist with the
creation and storage of maps and other information according to the
plan developed by the commission with the advice of the committee.
Sec. 2152.159. EXCEPTION FROM PUBLIC INFORMATION LAW.
Information received and maintained by the commission under this
subchapter is excepted from required disclosure under the public
information law, Chapter 552.
Sec. 2152.160. LOCAL GOVERNMENT IMMUNITY. A local
government and its employees are immune from civil liability from
any act or omission relating to the creation and use of the public
building mapping information system under this subchapter, unless
the act or omission was grossly negligent or done in bad faith.
SECTION 2. Notwithstanding Subchapter D, Chapter 2152,
Government Code, as added by this Act, a public agency is not
required to create or store maps and other information related to
public buildings owned or occupied by the agency unless all related
costs are provided to the public agency specifically for that
purpose by the Texas Building and Procurement Commission or another
entity.
SECTION 3. (a) Not later than December 1, 2005, the Texas
Building and Procurement Commission shall develop software
standards and format requirements in accordance with Section
2152.153, Government Code, as added by this Act.
(b) A public agency is not required to comply with Section
2152.153, Government Code, as added by this Act, until the software
standards and format requirements are developed by the Texas
Building and Procurement Commission in accordance with that
section.
SECTION 4. If, before the establishment of the public
building mapping information system under Subchapter D, Chapter
2152, Government Code, as added by this Act, a local government
establishes an independent building mapping system or creates or
stores maps and other information related to a public building
using software standards and format requirements other than those
established under Section 2152.153, Government Code, as added by
this Act, the local government may continue to use its independent
building mapping system and unique software standards and format
until the Texas Building and Procurement Commission provides
funding necessary to modify the local government's information
system to achieve compatibility with the standards and format
requirements established by the commission under Section 2152.153,
Government Code, as added by this Act.
SECTION 5. 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.