80R7261 MTB-D
 
  By: Corte H.B. No. 3642
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to homeland security; providing a penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  CERTAIN DISASTER RESPONSE PROCEDURES FOR
POLITICAL SUBDIVISIONS
       SECTION 1.01.  Section 418.004, Government Code, is amended
by adding Subdivisions (10) through (14) to read as follows:
             (10)  "Local government entity" means a county,
incorporated city, independent school district, emergency services
district, other special district, joint board, or other entity
defined as a political subdivision under the laws of this state that
maintains the capability to provide mutual aid.
             (11)  "Mutual aid" means a homeland security activity,
as defined by Section 421.001, performed under the system or a
written mutual aid agreement.
             (12)  "Requesting local government entity" means a
local government entity requesting mutual aid assistance under the
system.
             (13)  "Responding local government entity" means a
local government entity providing mutual aid assistance in response
to a request under the system.
             (14)  "System" means the Texas Statewide Mutual Aid
System.
       SECTION 1.02.  Subchapter E, Chapter 418, Government Code,
is amended by adding Section 418.1015 to read as follows:
       Sec. 418.1015.  EMERGENCY MANAGEMENT DIRECTORS. (a) The
presiding officer of the governing body of an incorporated city or a
county or the chief administrative officer of a joint board is
designated as the emergency management director for the officer's
political subdivision.
       (b)  An emergency management director serves as the
governor's designated agent in the administration and supervision
of duties under this chapter. An emergency management director may
exercise the powers granted to the governor under this chapter on an
appropriate local scale.
       (c)  An emergency management director may designate a person
to serve as emergency management coordinator.  The emergency
management coordinator shall serve as an assistant to the emergency
management director for emergency management purposes.
       SECTION 1.03.  Section 418.107(c), Government Code, is
amended to read as follows:
       (c)  A local government entity [political subdivision or
regional planning commission] may render mutual aid to other local
government entities [political subdivisions or regional planning
commissions] under mutual aid agreements or the system.
       SECTION 1.04.  The heading to Section 418.109, Government
Code, is amended to read as follows:
       Sec. 418.109.  AUTHORITY TO RENDER MUTUAL AID ASSISTANCE.
       SECTION 1.05.  Section 418.109(d), Government Code, is
amended to read as follows:
       (d)  A local government entity or [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 local government entity or [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 1.06.  Section 418.110, Government Code, is amended
to read as follows:
       Sec. 418.110.  STATEWIDE MUTUAL AID PROGRAM FOR FIRE
EMERGENCIES. (a) Representatives of statewide associations of
fire service personnel [The division], in consultation with the
division, the fire fighters' pension commissioner's office, the
Office of Rural Community Affairs, the state fire marshal's office,
the Texas Commission on Fire Protection, the Texas Engineering
Extension Service, and the Texas Forest Service, may [shall]
develop a statewide mutual aid program for fire emergencies that
provides for a coordinated deployment of response assets and
personnel by the associations' members.
       (b)  A program developed under this section:
             (1)  does not alter the legal obligations of a
political subdivision participating in the system; and
             (2)  must be consistent with the state emergency
management plan.
       SECTION 1.07.  Chapter 418, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL AID SYSTEM
       Sec. 418.111.  CREATION OF TEXAS STATEWIDE MUTUAL AID
SYSTEM.  (a)  The Texas Statewide Mutual Aid System is established
to provide integrated statewide mutual aid response capability
between local government entities without a written mutual aid
agreement.
       (b)  A request for mutual aid assistance between local
government entities is considered to be made under the system,
unless the requesting and responding entities are parties to a
written mutual aid agreement in effect when the request is made.
       (c)  This subchapter does not affect a written mutual aid
agreement between local government entities in effect on or before
the effective date of this subchapter or restrict the ability of
local government entities to enter into a written mutual aid
agreement as otherwise authorized by statute after the effective
date of this subchapter. If a request is made between local
government entities that are parties to a written mutual aid
agreement, the terms of that agreement control the rights and
obligations of the parties.
       Sec. 418.112.  ADMINISTRATION BY DIVISION. The division
shall administer the system. In administering the system, the
division shall encourage and assist political subdivisions in
planning and implementing comprehensive all-hazards emergency
management programs, including assisting political subdivisions to
ensure that the local emergency management plan of each subdivision
adequately provides for the rendering and receipt of mutual aid.
       Sec. 418.113.  DISASTER DISTRICTS. (a) This state is
divided into disaster districts to engage in homeland security
preparedness and response activities. The boundaries of the
disaster districts coincide with the boundaries of the Texas
Department of Transportation districts as provided by Section
201.105, Transportation Code.
       (b)  A disaster district committee is established for each
disaster district. Each committee is composed of local
representatives of the state agencies, boards, and commissions and
organized volunteer groups with representation on the emergency
management council.
       (c)  Each disaster district committee shall coordinate with
political subdivisions located in the disaster district to ensure
that state and federal emergency assets are made available as
needed to provide the most efficient and effective response
possible.
       (d)  The public safety director of the Department of Public
Safety of the State of Texas shall appoint a commanding officer from
the Texas Highway Patrol to serve as chair of each disaster district
committee. The chair shall:
             (1)  report to the State Director of Homeland Security
on matters relating to disasters and emergencies; and
             (2)  inform the public safety director of the
Department of Public Safety of the State of Texas on all matters as
requested by the director.
       (e)  Representatives of the emergency management council
assigned to each district shall assist the chair of their disaster
district committee and provide guidance, counsel, and
administrative support as required.
       Sec. 418.114.  PROCEDURES FOR MUTUAL AID. (a)  The political
subdivisions in each disaster district shall agree on procedures
that specify the manner in which mutual aid will be provided in
response to a request from a political subdivision in the district
or another district or from this state.
       (b)  A copy of the procedures must be provided to the
division and the disaster district committee chair.
       Sec. 418.115.  REQUESTING AND PROVIDING MUTUAL AID
ASSISTANCE. (a) A request for mutual aid assistance may be
submitted verbally or in writing. If a request is submitted
verbally, it must be confirmed in writing not later than the 30th
day after the date the request was made.
       (b)  If a request for mutual aid assistance is made to a
department or agency of a political subdivision, the chief or
highest ranking officer of the department or agency, with the
approval and consent of the presiding officer of the governing body
of the political subdivision or that officer's designee, may
provide the requested assistance in accordance with the policies,
ordinances, and procedures established by the governing body of the
political subdivision.
       Sec. 418.1151.  ASSESSMENT OF ABILITY TO RENDER ASSISTANCE.
(a) When contacted with a request for mutual aid assistance, a
local government entity shall assess local resources to determine
availability of personnel, equipment, and other assistance to
respond to the request.
       (b)  A responding local government entity may provide
assistance to the extent personnel, equipment, and resources are
determined to be available, based on current or anticipated events
in its jurisdiction.
       Sec. 418.1152.  SUPERVISION AND CONTROL. When providing
mutual aid assistance under the system:
             (1)  the response effort must be organized and function
in accordance with the National Incident Management System
guidelines;
             (2)  the personnel, equipment, and resources of a
responding local government entity are under the operational
control of the requesting local government entity unless otherwise
agreed;
             (3)  direct supervision and control of personnel,
equipment, and resources and personnel accountability remain the
responsibility of the designated supervisory personnel of the
responding local government entity;
             (4)  unless otherwise agreed in advance, an emergency
medical service organization providing assistance under the system
shall use the medical protocols authorized by the organization's
medical director;
             (5)  the designated supervisory personnel of the
responding local government entity shall:
                   (A)  maintain daily personnel time records,
material records, and a log of equipment hours;
                   (B)  be responsible for the operation and
maintenance of the equipment and other resources furnished by the
responding local government entity; and
                   (C)  report work progress to the requesting local
government entity; and
             (6)  the responding local government entity's personnel
and other resources are subject to recall at any time, subject to
reasonable notice to the requesting local government entity.
       Sec. 418.1153.  DURATION OF AID. The provision of mutual aid
assistance under the system may continue until:
             (1)  the services of the responding local government
entity are no longer required; or
             (2)  the responding local government entity determines
that further assistance should not be provided.
       Sec. 418.116.  RIGHTS AND PRIVILEGES. (a) A person
assigned, designated, or ordered to perform duties by the governing
body of the local government entity employing the person in
response to a request under the system is entitled to receive the
same wages, salary, pension, and other compensation and benefits,
including injury or death benefits, disability payments, and
workers' compensation benefits, for the performance of the duties
under the system as though the services were rendered for the entity
employing the person.
       (b)  The local government entity employing the person is
responsible for the payment of wages, salary, pension, and other
compensation and benefits associated with the performance of duties
under the system.
       Sec. 418.117.  LICENSE PORTABILITY. If the assistance of a
person who holds a license, certificate, permit, or other document
evidencing qualification in a professional, mechanical, or other
skill is requested by a local government entity under the system,
the person is considered licensed, certified, permitted, or
otherwise documented in the political subdivision in which the
service is provided as long as the service is required, subject to
any limitations imposed by the chief executive officer or the
governing body of the requesting local government entity.
       Sec. 418.118.  REIMBURSEMENT OF COSTS: STATE REQUEST OR
FEDERAL DISASTER DECLARATION. (a) The division shall administer
all requests for reimbursement for costs associated with providing
mutual aid assistance in response to a request made by the division
for an incident resulting in the issuance of a disaster declaration
by the president of the United States. A request for reimbursement
made to the division must be made in accordance with procedures
developed by the division.
       (b)  The division may directly request the provision of
mutual aid assistance from any local government entity
participating in the system. If the division requests the
provision of assistance, the state shall reimburse the actual costs
of providing assistance, including costs for personnel, operation
and maintenance of equipment, damaged equipment, medical expenses,
food, lodging, and transportation, incurred by the responding local
government entity. The state shall pay reimbursements from
available state money. If the governor finds that the demands
placed on money regularly appropriated to state and local agencies
are unreasonably great for coping with a particular disaster under
Section 418.073, and has made money available from the disaster
contingency fund, the division shall make reimbursement from the
disaster contingency fund to the extent that available state money
is inadequate.
       (c)  If federal money is available to pay costs associated
with the provision of mutual aid assistance in response to a request
made by the division, the division shall make the claim for the
eligible costs of the responding local government entity on the
division's grant application and shall disburse the federal share
of the money to the responding local government entity, with
sufficient state funds to cover the actual costs incurred by the
responding local government entity in providing the assistance.
       Sec. 418.1181.  REIMBURSEMENT OF COSTS: REQUEST BY LOCAL
GOVERNMENT ENTITY. (a) If a local government entity requests
mutual aid assistance from another local government entity under
the system, the requesting local government entity shall reimburse
the actual costs of providing mutual aid assistance to the
requesting local government entity, including costs for personnel,
operation and maintenance of equipment, damaged equipment, medical
expenses, food, lodging, and transportation, incurred by the
responding local government entity in response to a request for
reimbursement.
       (b)  The requesting local government entity shall pay the
reimbursement from available funds. If federal money is available
to pay costs associated with the provision of mutual aid
assistance, the requesting local government entity shall make the
claim for the eligible costs of the responding local government
entity on the requesting entity's subgrant application and shall
disburse the federal share of the money to the responding local
government entity, with sufficient state funds to cover the actual
costs of the responding local government entity in providing
assistance.
       SECTION 1.08.  Sections 418.004(9) and 418.109(a), (b), and
(c), Government Code, are repealed.
ARTICLE 2.  PREPAID MOBILE TELEPHONES
SECTION 2.01.  Title 4, Business & Commerce Code, is amended
by adding Chapter 51 to read as follows:
CHAPTER 51. SALE OF MOBILE TELEPHONES
       Sec. 51.01.  DEFINITIONS. In this chapter:
             (1)  "Mobile telephone" includes a cellular telephone,
or similar wireless communication device that can be used as a
telephone.
             (2)  "Prepaid mobile telephone" means a mobile
telephone for which access to a wireless communication service is
paid in advance and not under a contract.
       Sec. 51.02.  RESTRICTION OF ACCESS TO PREPAID MOBILE
TELEPHONE. A business establishment that sells a prepaid mobile
telephone shall display the telephone in a manner that makes the
telephone accessible to a patron of the business establishment only
with the assistance of an employee of the establishment.
       Sec. 51.03.  PREREQUISITES TO SALE OF MOBILE TELEPHONE.
Before completing a sale of a mobile telephone, including a prepaid
mobile telephone, a business establishment that engages in those
sales shall:
             (1)  require the person purchasing the mobile telephone
to:
                   (A)  display a driver's license or other form of
identification containing the person's photograph; and
                   (B)  sign for the purchase;
             (2)  make a record of the sale, including the name and
address of the person purchasing the mobile telephone, the date of
purchase, and the number of any prepaid mobile telephones
purchased; and
             (3)  take action as necessary to ensure that a person
does not purchase more than two prepaid mobile telephones from the
establishment during a single transaction.
       Sec. 51.04.  MINIMUM AGE FOR PURCHASE. A business
establishment may not sell a prepaid mobile telephone to a person
younger than 18 years of age.
       Sec. 51.05.  MAINTENANCE OF RECORDS. A business
establishment that sells a mobile telephone shall maintain all
records made under Section 51.03(2) in a secure centralized
location. The establishment shall maintain each record until at
least the first anniversary of the date the record is made.
       Sec. 51.06.  CIVIL PENALTY. (a)  A business establishment
that violates this chapter is subject to a civil penalty of $1,000
for each violation.
       (b)  The attorney general may bring suit to recover a civil
penalty under this chapter.
ARTICLE 3.  AMATEUR RADIO OPERATORS
       SECTION 3.01.  Subchapter Z, Chapter 661, Government Code,
is amended by adding Section 661.919 to read as follows:
       Sec. 661.919.  AMATEUR RADIO OPERATORS. (a)  A state
employee who holds an amateur radio station license issued by the
Federal Communications Commission may be granted leave not to
exceed 10 days each fiscal year to participate in specialized
disaster relief services without a deduction in salary or loss of
vacation time, sick leave, earned overtime credit, or state
compensatory time if the leave is taken:
             (1)  with the authorization of the employee's
supervisor; and
             (2)  with the approval of the governor.
       (b)  The number of amateur radio operators who are eligible
for leave under this section may not exceed 350 state employees at
any one time during a state fiscal year. The division of emergency
management in the governor's office shall coordinate the
establishment and maintenance of the list of eligible employees.
ARTICLE 4.  CERTAIN OPEN MEETINGS
PROVISIONS RELATED TO SCHOOLS AND
GOVERNMENTAL BODIES
SECTION 4.01.  Section 12.1051(b), Education Code, is
amended to read as follows:
       (b)  With respect to the operation of an open-enrollment
charter school, any requirement in Chapter 551 or 552, Government
Code, or another law that concerns open meetings or the
availability of information, that applies to a school district, the
board of trustees of a school district, or public school students
applies to an open-enrollment charter school, the governing body of
a charter holder, the governing body of an open-enrollment charter
school, or students attending an open-enrollment charter school.
       SECTION 4.02.  Section 37.108(c), Education Code, is amended
to read as follows:
       (c)  A school district shall report the results of the
security audit conducted under Subsection (b) to the district's
board of trustees and the Texas School Safety Center.
       SECTION 4.03.  Section 37.203(a), Education Code, is amended
to read as follows:
       (a)  The center is advised by a board of directors composed
of:
             (1)  the attorney general, or the attorney general's
designee;
             (2)  the commissioner, or the commissioner's designee;
             (3)  the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
             (4)  the executive director of the Texas Youth
Commission, or the executive director's designee;
             (5)  the commissioner of the [Texas] Department of
State [Mental] Health Services [and Mental Retardation], or the
commissioner's designee; and
             (6)  the following members appointed by the governor
with the advice and consent of the senate:
                   (A)  a juvenile court judge;
                   (B)  a member of a school district's board of
trustees;
                   (C)  an administrator of a public primary school;
                   (D)  an administrator of a public secondary
school;
                   (E)  a member of the state parent-teacher
association;
                   (F)  a teacher from a public primary or secondary
school;
                   (G)  a public school superintendent who is a
member of the Texas Association of School Administrators;
                   (H)  a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
                   (I)  two members of the public.
       SECTION 4.04.  Section 551.076, Government Code, is amended
to read as follows:
       Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES,
SECURITY AUDITS, OR EMERGENCY OPERATIONS PLANS; CLOSED MEETING.  
This chapter does not require a governmental body to conduct an open
meeting to deliberate:
             (1)  the deployment, or specific occasions for
implementation, of security personnel or devices;
             (2)  a security audit; or
             (3)  an emergency operations plan.
ARTICLE 5.  PROVISIONS RELATED TO TOLL ROADS
       SECTION 5.01.  Subtitle G, Title 6, Transportation Code, is
amended by adding Chapter 371 to read as follows:
CHAPTER 371. PROVISIONS APPLICABLE TO MORE THAN
ONE TYPE OF TOLL PROJECT
       Sec. 371.001.  VEHICLES USED BY NONPROFIT DISASTER RELIEF
ORGANIZATIONS. (a)  In this section:
             (1)  "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
                   (A)  a part of the state highway system; or
                   (B)  subject to the jurisdiction of the
department.
             (2)  "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
                   (A)  the department under Chapter 227 or 228;
                   (B)  a regional tollway authority under Chapter
366;
                   (C)  a regional mobility authority under Chapter
370; or
                   (D)  a county under Chapter 284.
       (b)  A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
       SECTION 5.02.  Section 228.058(d), Transportation Code, is
repealed.
ARTICLE 6.  OPERATION OF DESIGNATED EMERGENCY VEHICLES
       SECTION 6.01.  Section 418.013, Government Code, is amended
by adding Subsection (c) to read as follows:
       (c)  The emergency management council shall make
recommendations to the Department of Public Safety as to which
private emergency organizations, such as the American National Red
Cross, the Salvation Army, Radio Amateur Civil Emergency Services,
and other similar organizations with the capability to supplement
the state's resources in disaster situations, should be authorized
to operate certain vehicles as designated emergency vehicles in the
case of a disaster.
       SECTION 6.02.  Subchapter A, Chapter 546, Transportation
Code, is amended by adding Section 546.006 to read as follows:
       Sec. 546.006.  DESIGNATED EMERGENCY VEHICLE DURING DECLARED
DISASTERS.  (a)  From recommendations made under Section
418.013(c), Government Code, the department shall designate which
organizations and vehicles may be operated as emergency vehicles
during declared disasters.
       (b)  A vehicle designated under Subsection (a) may be
operated as if the vehicle were an authorized emergency vehicle
under this subtitle if:
             (1)  the governor declares a state of disaster under
Section 418.014, Government Code;
             (2)  the department requests assistance from the
designated organization; and
             (3)  the vehicle is operated by the designated
organization or a member of the designated organization in response
to the state of disaster.
       (c)  The department shall adopt rules as necessary to
implement this section.
ARTICLE 7.  INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
COMMUNICATIONS
       SECTION 7.01.  Article 18.20, Code of Criminal Procedure, is
amended by amending Section 4 and adding Section 9A to read as
follows:
       Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.  
A judge of competent jurisdiction may issue an order authorizing
interception of wire, oral, or electronic communications only if
the prosecutor applying for the order shows probable cause to
believe that the interception will provide evidence of the
commission of:
             (1)  a felony under Section 19.02, 19.03, or 43.26,
Penal Code;
             (2)  a felony under:
                   (A)  Chapter 481, Health and Safety Code, other
than felony possession of marihuana;
                   (B)  Section 485.033, Health and Safety Code; or
                   (C)  Chapter 483, Health and Safety Code; [or]
             (3)  an offense under Chapter 20, 20A, or 34, Penal
Code; or
             (4)  an attempt, conspiracy, or solicitation to commit
an offense listed in this section.
       Sec. 9A.  INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
PERSON. (a) Notwithstanding Section 8(a)(2)(B), an application
for an order authorizing the interception of a wire, oral, or
electronic communication is not required to contain a particular
description of the nature and location of the facilities from which
or the place where the communication is to be intercepted if a judge
of competent jurisdiction determines there are exigent
circumstances requiring that the order:
             (1)  apply to any communication by the person whose
communications are to be intercepted; and
             (2)  not be limited to a specific facility or place.
       (b)  A judge who makes a determination of exigent
circumstances under Subsection (a) is not required to include in
the order a description of the nature or location of the
communications facility from which or the place where authority to
intercept is granted, as required by Section 9(b)(2). As an
alternative to including that description, the judge may authorize
the interception of any communication made by a specified person
while the person is present in the geographic jurisdiction of the
court.
       SECTION 7.02.  The change in law made by this article applies
only to an application for an order authorizing the interception of
a wire, oral, or electronic communication that is submitted on or
after the effective date of this article. An application that was
submitted before the effective date of this article is covered by
the law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
ARTICLE 8.  EFFECTIVE DATE
       SECTION 8.01.  This Act takes effect September 1, 2007,
except that Article 1 of this Act takes effect immediately if this
Act 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, Article 1 takes effect September 1, 2007.