S.B. No. 11
 
 
 
 
AN ACT
  relating to homeland security and protection of the public,
  including protections against human trafficking; providing
  penalties.
         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.  Subsection (c), Section 418.107, 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.  Subsection (d), Section 418.109, 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)  The division, in consultation with state fire
  protection agencies and the Texas Commission on Fire Protection,
  may [shall] develop a statewide mutual aid program for fire
  emergencies.
         (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 THE 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 geographic boundaries of the
  state planning regions established by the governor under Chapter
  391, Local Government 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)  inform the state Director of Homeland Security on
  all matters relating to disasters and emergencies as requested by
  the state Director of Homeland Security; 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 public safety 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 state planning region established by
  the governor under Chapter 391, Local Government Code, shall agree
  on procedures that specify the manner in which mutual aid will be
  provided in response to a request from:
               (1)  a political subdivision in the region;
               (2)  a political subdivision in another region; or
               (3)  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.  A local government entity is not
  required to provide mutual aid assistance unless the entity
  determines that the entity has sufficient resources to provide
  assistance, 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 being used in the response
  effort 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 and the local government entity responds,
  the state shall reimburse the actual costs of providing assistance,
  including costs for personnel, operation and maintenance of
  equipment, damaged equipment, food, lodging, and transportation,
  incurred by the responding local government entity. The state
  shall pay reimbursements from available state money. If funds are
  made available from the disaster contingency fund, the division
  shall make reimbursement from the disaster contingency fund for
  eligible expenses 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
  responding local government entity, including costs for personnel,
  operation and maintenance of equipment, damaged equipment, food,
  lodging, and transportation, incurred by the responding local
  government entity in response to a request for reimbursement.  
  Local government entities with a mutual aid agreement when the
  request for mutual aid assistance is made are subject to the
  agreement's terms of reimbursement, as provided by Section 418.111.
         (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 local funds to cover the actual
  costs of the responding local government entity in providing
  assistance.
         SECTION 1.08.  Subdivision (9), Section 418.004, and
  Subsections (a), (b), and (c), Section 418.109, Government Code,
  are repealed.
         SECTION 1.09.  This article 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, this article takes effect September 1, 2007.
  ARTICLE 2.  AMATEUR RADIO OPERATORS
         SECTION 2.01.  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.
         SECTION 2.02.  Subsection (c), Section 37.082, Education
  Code, is amended to read as follows:
         (c)  In this section, "paging device" means a
  telecommunications device that emits an audible signal, vibrates,
  displays a message, or otherwise summons or delivers a
  communication to the possessor.  The term does not include an
  amateur radio under the control of an operator who holds an amateur
  radio station license issued by the Federal Communications
  Commission.
  ARTICLE 3.  CERTAIN OPEN MEETINGS PROVISIONS RELATED TO SCHOOLS AND
  GOVERNMENTAL BODIES; TEXAS SCHOOL SAFETY CENTER
         SECTION 3.01.  Subsection (b), Section 12.1051, 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 3.02.  Subsection (c), Section 37.108, 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, in the manner required by the Texas School
  Safety Center, to the Texas School Safety Center.
         SECTION 3.03.  Subsection (a), Section 37.203, 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 commissioner of higher education, or the
  commissioner's designee; and
               (7)  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 3.04.  Section 37.207, Education Code, is amended to
  read as follows:
         Sec. 37.207.  MODEL SAFETY AND SECURITY AUDIT PROCEDURE.  
  (a)  The center shall develop a model safety and security audit
  procedure for use by school districts that includes:
               (1)  providing each district with guidelines and a
  training video showing proper audit procedures;
               (2)  reviewing each district audit, providing the
  results of the review to the district, and making recommendations
  for improvements based on the audit; and
               (3)  incorporating the findings of district audits in a
  statewide report on school safety made available by the center to
  the public.
         (b)  Each school district shall report the results of its
  audits to the center in the manner required by the center.
         SECTION 3.05.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Section 37.213 to read as follows:
         Sec. 37.213.  INSTITUTIONS OF HIGHER EDUCATION.  (a)  In
  this section, "institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education may use any
  appropriate model plan developed by the center under Section
  37.205(4).
         (c)  The center may provide an institution of higher
  education with on-site technical assistance and safety training.
         (d)  The center may charge a fee to an institution of higher
  education for assistance and training provided under Subsection
  (c).
         SECTION 3.06.  Section 551.045, Government Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  For purposes of Subsection (b)(2), the sudden
  relocation of a large number of residents from the area of a
  declared disaster to a governmental body's jurisdiction is
  considered a reasonably unforeseeable situation for a reasonable
  period immediately following the relocation.  Notice of an
  emergency meeting or supplemental notice of an emergency item added
  to the agenda of a meeting to address a situation described by this
  subsection must be given to members of the news media as provided by
  Section 551.047 not later than one hour before the meeting.
         SECTION 3.07.  Section 551.076, Government Code, is amended
  to read as follows:
         Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES OR
  SECURITY AUDITS; 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; or
               (2)  a security audit.
  ARTICLE 4.  PROVISIONS RELATED TO TOLL ROADS
         SECTION 4.01.  Subsection (a), Section 228.054,
  Transportation Code, is amended to read as follows:
         (a)  Except as provided by Subsection (e), the operator of a
  vehicle, other than an authorized emergency vehicle, as defined by
  Section 541.201, that is driven or towed through a toll collection
  facility shall pay the proper toll. The exemption from payment of a
  toll for an authorized emergency vehicle applies regardless of
  whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 4.02.  Section 284.070, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  An authorized emergency vehicle, as defined by Section
  541.201, is exempt from payment of a toll imposed under this chapter
  regardless of whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 4.03.  Subsection (a), Section 366.178,
  Transportation Code, is amended to read as follows:
         (a)  A motor vehicle other than an authorized emergency
  vehicle, as defined by Section 541.201, [a police or emergency
  vehicle] that passes through a toll collection facility, whether
  driven or towed, shall pay the proper toll.  The exemption from
  payment of a toll for an authorized emergency vehicle applies
  regardless of whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as a police or emergency vehicle.
         SECTION 4.04.  Subsection (a), Section 370.177,
  Transportation Code, is amended to read as follows:
         (a)  Except as provided by Subsection (a-1), the operator of
  a vehicle, other than an authorized emergency vehicle as defined by
  Section 541.201, that is driven or towed through a toll collection
  facility of a turnpike project shall pay the proper toll. The
  operator of a vehicle who drives or tows a vehicle through a toll
  collection facility and does not pay the proper toll commits an
  offense. An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $250. The exemption from payment
  of a toll for an authorized emergency vehicle applies regardless of
  whether the vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         SECTION 4.05.  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 4.06.  Section 541.201, Transportation Code, is
  amended by adding Subdivision (13-a) to read as follows:
               (13-a)  "Police vehicle" means a vehicle of a
  governmental entity primarily used by a peace officer, as defined
  by Article 2.12, Code of Criminal Procedure, for law enforcement
  purposes.
         SECTION 4.07.  Subsection (d), Section 228.058,
  Transportation Code, is repealed.
  ARTICLE 5.  OPERATION OF DESIGNATED EMERGENCY VEHICLES
         SECTION 5.01.  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 Service,
  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 5.02.  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
  vehicles may be operated by which designated organizations as
  emergency vehicles during declared disasters.
         (b)  A vehicle designated under Subsection (a) may be
  operated by a designated organization 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 6.  INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
  COMMUNICATIONS
         SECTION 6.01.  Section 4, Article 18.20, Code of Criminal
  Procedure, is amended 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 Section 20.03 or 20.04, Penal
  Code;
               (4)  an offense under Chapter 20A, Penal Code;
               (5)  an offense under Chapter 34, Penal Code, if the
  criminal activity giving rise to the proceeds involves the
  commission of an offense under Title 5, Penal Code, or an offense
  under federal law or the laws of another state containing elements
  that are substantially similar to the elements of an offense under
  Title 5; or
               (6)  an attempt, conspiracy, or solicitation to commit
  an offense listed in this section.
  ARTICLE 7.  EMERGENCY ALERT SYSTEM
         SECTION 7.01.  Subsection (a), Section 418.042, Government
  Code, is amended to read as follows:
         (a)  The division shall prepare and keep current a
  comprehensive state emergency management plan. The plan may
  include:
               (1)  provisions for prevention and minimization of
  injury and damage caused by disaster;
               (2)  provisions for prompt and effective response to
  disaster;
               (3)  provisions for emergency relief;
               (4)  provisions for energy emergencies;
               (5)  identification of areas particularly vulnerable
  to disasters;
               (6)  recommendations for zoning, building
  restrictions, and other land-use controls, safety measures for
  securing mobile homes or other nonpermanent or semipermanent
  structures, and other preventive and preparedness measures
  designed to eliminate or reduce disasters or their impact;
               (7)  provisions for assistance to local officials in
  designing local emergency management plans;
               (8)  authorization and procedures for the erection or
  other construction of temporary works designed to protect against
  or mitigate danger, damage, or loss from flood, fire, or other
  disaster;
               (9)  preparation and distribution to the appropriate
  state and local officials of state catalogs of federal, state, and
  private assistance programs;
               (10)  organization of manpower and channels of
  assistance;
               (11)  coordination of federal, state, and local
  emergency management activities;
               (12)  coordination of the state emergency management
  plan with the emergency management plans of the federal government;
               (13)  coordination of federal and state energy
  emergency plans; [and]
               (14)  provisions for education and training of local
  officials on activation of the Emergency Alert System established
  under 47 C.F.R. Part 11; and
               (15)  other necessary matters relating to disasters.
  ARTICLE 8.  TEMPORARY CARDBOARD TAGS ON VEHICLES
         SECTION 8.01.  Section 503.005, Transportation Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  A dealer who submits information to the database under
  Section 503.0631 satisfies the requirement for the dealer to notify
  the department of the sale or transfer of a motor vehicle, trailer,
  or semitrailer under this section.
         (d)  The notice required under this section is in addition to
  the application for vehicle registration and certificate of title a
  dealer is required to submit under Section 501.0234.
         SECTION 8.02.  Subsection (d), Section 503.062,
  Transportation Code, is amended to read as follows:
         (d)  The department may not issue a dealer temporary
  cardboard tag or contract for the issuance of a dealer temporary
  cardboard tag but shall prescribe:
               (1)  the specifications, form, and color of a dealer
  temporary cardboard tag; [and]
               (2)  procedures for a dealer to generate a
  vehicle-specific number using the database developed under Section
  503.0626 and assign it to each tag;
               (3)  procedures to clearly display the
  vehicle-specific number on the tag; and
               (4)  the period for which a tag may be used for or by a
  charitable organization.
         SECTION 8.03.  Subsection (e), Section 503.0625,
  Transportation Code, is amended to read as follows:
         (e)  The department may not issue a converter temporary
  cardboard tag or contract for the issuance of a converter temporary
  cardboard tag but shall prescribe:
               (1)  the specifications, form, and color of a converter
  temporary cardboard tag;
               (2)  procedures for a converter to generate a
  vehicle-specific number using the database developed under Section
  503.0626 and assign it to each tag; and
               (3)  procedures to clearly display the
  vehicle-specific number on the tag.
         SECTION 8.04.  Subchapter C, Chapter 503, Transportation
  Code, is amended by adding Section 503.0626 to read as follows:
         Sec. 503.0626.  DEALER'S AND CONVERTER'S TEMPORARY TAG
  DATABASE. (a)  The department shall develop and maintain a secure,
  real-time database of information on vehicles to which dealers and
  converters have affixed temporary cardboard tags. The database
  shall be managed by the vehicle titles and registration division of
  the department.
         (b)  The database must allow law enforcement agencies to use
  the vehicle-specific number assigned to and displayed on the tag as
  required by Section 503.062(d) or Section 503.0625(e) to obtain
  information about the dealer or converter that owns the vehicle.
         (c)  Before a dealer's or converter's temporary cardboard tag
  may be displayed on a vehicle, the dealer or converter must enter
  into the database through the Internet information on the vehicle
  and information about the dealer or converter as prescribed by the
  department. The department may not deny access to the database to
  any dealer who holds a general distinguishing number issued under
  this chapter or who is licensed under Chapter 2301, Occupations
  Code, or to any converter licensed under Chapter 2301, Occupations
  Code.
         (d)  The department shall adopt rules and prescribe
  procedures as necessary to implement this section.
         SECTION 8.05.  Section 503.063, Transportation Code, is
  amended by amending Subsections (a), (e), and (f) and adding
  Subsections (g) and (h) to read as follows:
         (a)  Except as provided by this section, a dealer shall [may]
  issue to a person who buys a [an unregistered] vehicle one temporary
  cardboard buyer's tag for the vehicle.
         (e)  The department may not issue a buyer's tag or contract
  for the issuance of a buyer's tag but shall prescribe:
               (1)  the specifications, color, and form of a buyer's
  tag; and
               (2)  procedures for a dealer to:
                     (A)  generate a vehicle-specific number using the
  database developed under Section 503.0631 and assign it to each
  tag;
                     (B)  generate a vehicle-specific number using the
  database developed under Section 503.0631 for future use for when a
  dealer is unable to access the Internet at the time of sale; and
                     (C)  clearly display the vehicle-specific number
  on the tag.
         (f)  The department shall ensure that a dealer may generate
  in advance a sufficient amount of vehicle-specific numbers under
  Subsection (e)(2)(B) in order to continue selling vehicles for a
  period of up to one week in which a dealer is unable to access the
  Internet due to an emergency.  The department shall establish an
  expedited procedure to allow affected dealers to apply for
  additional vehicle-specific numbers so they may remain in business
  during an emergency.
         (g)  Using the same vehicle-specific number generated under
  Subsection (e)(2)(A), a [A] dealer may issue an additional
  temporary cardboard buyer's tag to a person after the expiration of
  20 working [21] days after the issue of a temporary cardboard
  buyer's tag, and the person may operate the vehicle for which the
  tag was issued on the additional temporary cardboard buyer's tag if
  the dealer has been unable to obtain on behalf of the vehicle's
  owner the necessary documents to obtain permanent metal license
  plates because the documents are in the possession of a lienholder
  who has not complied with the terms of Section 501.115(a) [of this
  code]. An additional tag issued under the terms of this subsection
  is valid for a maximum of 20 working [21] days after the date of
  issue.
         (h)  For each buyer's temporary cardboard tag other than an
  additional temporary cardboard buyer's tag under Subsection (g), a
  dealer shall charge the buyer a registration fee of not more than $5
  as prescribed by the department to be sent to the comptroller for
  deposit to the credit of the state highway fund.
         SECTION 8.06.  Subchapter C, Chapter 503, Transportation
  Code, is amended by adding Sections 503.0631 and 503.0632 to read as
  follows:
         Sec. 503.0631.  BUYER'S TEMPORARY TAG DATABASE. (a)  The
  department shall develop and maintain a secure, real-time database
  of information on persons to whom temporary buyer's tags are issued
  that may be used by a law enforcement agency in the same manner that
  the agency uses vehicle registration information.  The database
  shall be managed by the vehicle titles and registration division of
  the department.
         (b)  The database must allow law enforcement agencies to use
  a vehicle-specific number assigned to and displayed on the tag as
  required by Section 503.063(e)(2) to obtain information about the
  person to whom the tag was issued.
         (c)  Except as provided by Subsection (d), before a buyer's
  temporary cardboard tag may be displayed on a vehicle, a dealer must
  enter into the database through the Internet information about the
  buyer of the vehicle for which the tag was issued as prescribed by
  the department and generate a vehicle-specific number for the tag
  as required by Section 503.063(e).  The department may not deny
  access to the database to any dealer who holds a general
  distinguishing number issued under this chapter or who is licensed
  under Chapter 2301, Occupations Code.
         (d)  A dealer shall obtain 24-hour Internet access at its
  place of business, but if the dealer is unable to access the
  Internet at the time of the sale of a vehicle, the dealer shall
  complete and sign a form, as prescribed by the department, that
  states the dealer has Internet access, but was unable to access the
  Internet at the time of sale. The buyer shall keep the original
  copy of the form in the vehicle until the vehicle is registered to
  the buyer. Not later than the next business day after the time of
  sale, the dealer shall submit the information required under
  Subsection (c).
         (e)  The department shall adopt rules and prescribe
  procedures as necessary to implement this section.
         (f)  The dealer may charge a reasonable fee not to exceed $20
  for costs associated with complying with this section.
         Sec. 503.0632.  NOTICE TO BUYER. (a)  Each dealer shall
  provide a one-page written notice to a buyer that explains:
               (1)  the requirements of the law regarding a buyer's
  temporary cardboard tag;
               (2)  any criminal penalties relating to a buyer's
  temporary cardboard tag;
               (3)  any action the buyer is required to take
  concerning a buyer's temporary cardboard tag; and
               (4)  any other information related to the process of
  purchasing and registering a vehicle as prescribed by the
  department.
         (b)  The dealer shall require the buyer to sign a statement
  indicating the buyer received the notice under this section.
         (c)  The department shall adopt rules to:
               (1)  prescribe the specifications and form of the
  written notice and statement used under this section; and
               (2)  establish a procedure to determine dealer
  compliance with this section.
         SECTION 8.07.  The heading to Section 503.067,
  Transportation Code, is amended to read as follows:
         Sec. 503.067.  UNAUTHORIZED REPRODUCTION, PURCHASE, USE, OR
  SALE OF TEMPORARY CARDBOARD TAGS.
         SECTION 8.08.  Section 503.067, Transportation Code, is
  amended by amending Subsection (a) and adding Subsections (c) and
  (d) to read as follows:
         (a)  A person [other than a dealer] may not produce or
  reproduce a [buyer's or dealer's] temporary cardboard tag or an item
  represented to be a temporary cardboard tag for the purpose of
  distributing the tag to someone other than a dealer or converter.
         (c)  A person other than a dealer or converter may not
  purchase a temporary cardboard tag.
         (d)  A person may not sell or distribute a temporary
  cardboard tag or an item represented to be a temporary cardboard tag
  unless the person is:
               (1)  a dealer issuing the tag in connection with the
  sale of a vehicle; or
               (2)  a printer or distributor engaged in the business
  of selling temporary cardboard tags solely for uses authorized
  under this chapter.
         SECTION 8.09.  Section 503.094, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  Except as otherwise provided by this section, an [An]
  offense under this section is a misdemeanor punishable by a fine of
  not less than $50 or more than $5,000.
         (d)  An offense involving a violation of:
               (1)  Section 503.067(b) or (c) is a Class C
  misdemeanor;
               (2)  Section 503.067(d) is a Class A misdemeanor;
               (3)  Section 503.067(a) is a state jail felony; and
               (4)  Section 503.067(b), (c), or (d) is a state jail
  felony if the person who committed the offense criminally conspired
  to engage in organized criminal activity.
         SECTION 8.10.  Subsection (a), Section 2301.651,
  Occupations Code, is amended to read as follows:
         (a)  The board may deny an application for a license, revoke
  or suspend a license, place on probation a person whose license has
  been suspended, or reprimand a license holder if the applicant or
  license holder:
               (1)  is unfit under standards described in this chapter
  or board rules;
               (2)  makes a material misrepresentation in any
  application or other information filed under this chapter or board
  rules;
               (3)  violates this chapter or a board rule or order;
               (4)  violates any law relating to the sale,
  distribution, financing, or insuring of motor vehicles;
               (5)  fails to maintain the qualifications for a
  license;
               (6)  wilfully defrauds a purchaser; [or]
               (7)  fails to fulfill a written agreement with a retail
  purchaser of a motor vehicle; or
               (8)  violates the requirements of Section 503.0631,
  Transportation Code.
         SECTION 8.11.  (a)  As soon as practicable after the
  effective date of this Act, the Texas Department of Transportation
  shall adopt rules to implement Sections 503.0626 and 503.0631,
  Transportation Code, as added by this article.
         (b)  The Texas Department of Transportation may not enforce
  Section 503.0626 or 503.0631, Transportation Code, as added by this
  article, until the rules adopted under Subsection (a) of this
  section take effect and the databases are operational and available
  to dealers with a general distinguishing number or a converter's
  license issued under Chapter 2301, Occupations Code.
         SECTION 8.12.  The changes in law made by this article to
  Sections 503.067 and 503.094, Transportation Code, apply to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  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 the effective date of this
  Act if any element of the offense was committed before that date.
  ARTICLE 9.  INFORMATION PROVIDED BY CRITICAL INFRASTRUCTURE
  ENTITIES
         SECTION 9.01.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Section 21.024 to read as follows:
         Sec. 21.024.  PRODUCTION OF INFORMATION BY CERTAIN ENTITIES
  CONSIDERED TO BE CRITICAL INFRASTRUCTURE.  (a)  A utility, a common
  carrier, or a transporter of oil, gas, or the products of oil or gas
  is considered to be within the definition of critical
  infrastructure under Section 421.001, Government Code.  
  Notwithstanding any other law, an entity which is considered
  critical infrastructure and which is authorized by law to take
  private property through the use of eminent domain is required to
  produce information as provided by this section if the information
  is requested by a person who owns property that is the subject of a
  proposed or existing eminent domain proceeding, but only if the
  information is related to the taking of the person's private
  property by the entity through the use of eminent domain.
         (b)  An entity described by Subsection (a) is required under
  this section only to produce information relating to the
  condemnation of the specific property owned by the requestor as
  described in the request. A request under this section must contain
  sufficient details to allow the entity to identify the specific
  tract of land in relation to which the information is sought.
         (c)  The entity shall respond to a request in accordance with
  the Texas Rules of Civil Procedure as if the request was made in a
  matter pending before a state district court.
         (d)  Exceptions to disclosure provided by this chapter and
  the Texas Rules of Civil Procedure apply to the disclosure of
  information under this section.
         (e)  Jurisdiction to enforce the provisions of this section
  resides in:
               (1)  the court in which the condemnation was initiated;
  or
               (2)  if the condemnation proceeding has not been
  initiated:
                     (A)  a court that would have jurisdiction over a
  proceeding to condemn the requestor's property; or
                     (B)  a court in the county in which the entity has
  its principal place of business that has jurisdiction over
  condemnation proceedings under this chapter.
         (f)  If the entity refuses to produce information requested
  in accordance with this section and the court determines the
  refusal violates this section, the court may award the requestor's
  reasonable attorney's fees incurred to compel the production of the
  information.
         (g)  If an entity that received a request in accordance with
  this section does not produce the requested information on or
  before the 30th day after the request is made, the attorney general
  may file an action in a court described by Subsection (e) to enforce
  this section on the request of the person who made the request for
  the information. If the court determines that the failure to
  produce the information is a violation of this section, the court
  may award the attorney general's reasonable expenses incurred to
  compel the production of the information.
         (h)  If the attorney general files an action under Subsection
  (g), the person who requested that the attorney general file the
  action may not file a private action to enforce this section with
  respect to the same request for information.
         (i)  Section 552.0037, Government Code, does not apply in
  relation to those entities described in Subsection (a).
  ARTICLE 10.  LEAVE OF ABSENCE FOR URBAN SEARCH AND RESCUE TEAMS
         SECTION 10.01.  Section 431.005, Government Code, is amended
  to read as follows:
         Sec. 431.005.  LEAVE OF ABSENCE FOR PUBLIC OFFICERS AND
  EMPLOYEES.  (a)  Except as provided by Subsection (b), a person who
  is an officer or employee of the state, a municipality, a county, or
  another political subdivision of the state and who is a member of
  the state military forces, [or] a reserve component of the armed
  forces, or a member of a state or federally authorized Urban Search
  and Rescue Team is entitled to a paid leave of absence from the
  person's duties on a day on which the person is engaged in
  authorized training or duty ordered or authorized by proper
  authority for not more than 15 workdays in a federal fiscal year.
  During a leave of absence the person may not be subjected to loss of
  time, efficiency rating, personal time, sick leave, or vacation
  time.
         (b)  A member of the legislature is entitled to pay for all
  days that the member is absent from a session of the legislature and
  engaged in training and duty as provided by Subsection (a).
         (c)  A state employee who is a member of the state military
  forces, [or] a reserve component of the armed forces, or a member of
  a state or federally authorized Urban Search and Rescue Team and who
  is ordered to duty by proper authority is entitled, when relieved
  from duty, to be restored to the position that the employee held
  when ordered to duty.
  ARTICLE 11.  LICENSE PLATES FOR THE MILITARY
         SECTION 11.01.  Subchapter D, Chapter 504, Transportation
  Code, is amended by adding Section 504.3011 to read as follows:
         Sec. 504.3011.  DESIGN OF CERTAIN LICENSE PLATES FOR THE
  MILITARY. (a)  License plates issued under Section 504.303 must at
  a minimum bear a color depiction of the emblem of the appropriate
  branch of the United States armed forces.
         (b)  License plates issued under Section 504.308(a) or
  504.315(e), (f), or (g) must at a minimum bear a color depiction of
  the appropriate medal.
         (c)  The department shall design license plates to which this
  section applies in consultation with veterans organizations.
  ARTICLE 12.  IMMUNIZATION RECORDS OF FIRST RESPONDERS AND RECORDS
  OBTAINED DURING CERTAIN DISASTERS
         SECTION 12.01.  Section 161.0001, Health and Safety Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a)
  and (1-b) to read as follows:
               (1)  "Data elements" means the information:
                     (A)  a health care provider who administers a
  vaccine is required to record in a medical record under 42 U.S.C.
  Section 300aa-25, as amended, including:
                           (i) [(A)]  the date the vaccine is
  administered;
                           (ii) [(B)]  the vaccine manufacturer and lot
  number of the vaccine;
                           (iii)  any adverse or unexpected events for
  a vaccine; and
                           (iv) [(C)]  the name, the address, and if
  appropriate, the title of the health care provider administering
  the vaccine; and
                     (B)  specified in rules adopted to implement
  Section 161.00705.
               (1-a)  "First responder" has the meaning assigned by
  Section 421.095, Government Code.
               (1-b)  "Immediate family member" means the parent,
  spouse, child, or sibling of a person who resides in the same
  household as the person.
         SECTION 12.02.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Sections 161.00705, 161.00706, and
  161.00707 to read as follows:
         Sec. 161.00705.  RECORDING ADMINISTRATION OF IMMUNIZATION
  AND MEDICATION FOR DISASTERS AND EMERGENCIES. (a)  The department
  shall maintain a registry of persons who receive an immunization,
  antiviral, and other medication administered to prepare for a
  potential disaster, public health emergency, terrorist attack,
  hostile military or paramilitary action, or extraordinary law
  enforcement emergency or in response to a declared disaster, public
  health emergency, terrorist attack, hostile military or
  paramilitary action, or extraordinary law enforcement emergency. A
  health care provider who administers an immunization, antiviral, or
  other medication shall provide the data elements to the department.
         (b)  The department shall maintain the registry as part of
  the immunization registry required by Section 161.007.
         (c)  The department shall track adverse reactions to an
  immunization, antiviral, and other medication administered to
  prepare for a potential disaster, public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency or in response to a
  declared disaster, public health emergency, terrorist attack,
  hostile military or paramilitary action, or extraordinary law
  enforcement emergency. A health care provider who administers an
  immunization, antiviral, or other medication may provide data
  related to adverse reactions to the department.
         (d)  Sections 161.007, 161.0071, 161.0072, and 161.0074
  apply to the data elements submitted to the department under this
  section, unless a provision in those sections conflicts with a
  requirement in this section.
         (e)  The executive commissioner of the Health and Human
  Services Commission by rule shall determine the period during which
  the information collected under this section must remain in the
  immunization registry following the end of the disaster, public
  health emergency, terrorist attack, hostile military or
  paramilitary action, or extraordinary law enforcement emergency.
         (f)  Unless an individual or, if a child, the child's parent,
  managing conservator, or guardian consents in writing to continued
  inclusion of the child's or other individual's information in the
  registry, the department shall remove the immunization records
  collected under this section from the registry on expiration of the
  period prescribed under Subsection (e).
         (g)  The immunization information of a child or other
  individual received by the department under this section, including
  individually identifiable information, may be released only:
               (1)  on consent of the individual or, if a child, the
  child's parent, managing conservator, or guardian; or
               (2)  to a state agency or health care provider
  consistent with the purposes of this subchapter or the purposes of
  aiding or coordinating communicable disease prevention and control
  efforts during a declared disaster, public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency.
         (h)  The report required under Section 161.0074 must also
  include the number of complaints received by the department related
  to the department's failure to remove information from the registry
  as required by Subsection (f).
         (i)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement this
  section.
         Sec. 161.00706.  FIRST RESPONDER IMMUNIZATION INFORMATION.
  (a)  A person 18 years of age or older who is a first responder or an
  immediate family member of a first responder may:
               (1)  request that a health care provider who
  administers an immunization to the person provide data elements
  regarding the immunization to the department for inclusion in the
  immunization registry; or
               (2)  provide the person's immunization history directly
  to the department for inclusion in the immunization registry.
         (b)  A health care provider, on receipt of a request under
  Subsection (a)(1), shall submit the data elements to the department
  in a format prescribed by the department. The department shall
  verify the person's request before including the information in the
  immunization registry.
         (c)  The executive commissioner of the Health and Human
  Services Commission shall:
               (1)  develop rules to ensure that immunization history
  submitted under Subsection (a)(2) is medically verified
  immunization information;
               (2)  develop guidelines for use by the department in
  informing first responders about the registry; and
               (3)  adopt rules necessary for the implementation of
  this section.
         (d)  A person's immunization history or data received by the
  department under this section may be released only on consent of the
  person or to any health care provider licensed or otherwise
  authorized to administer vaccines.
         (e)  A person whose immunization records are included in the
  immunization registry as authorized by this section may request in
  writing that the department remove that information from the
  registry. Not later than the 10th day after receiving a request
  under this subsection, the department shall remove the person's
  immunization records from the registry.
         (f)  The report required under Section 161.0074 must also
  include the number of complaints received by the department related
  to the department's failure to comply with requests for removal of
  information from the registry under Subsection (e).
         Sec. 161.00707.  INFORMATION AND EDUCATION FOR FIRST
  RESPONDERS. The department shall develop a program for informing
  first responders about the immunization registry and educating
  first responders about the benefits of being included in the
  immunization registry, including:
               (1)  ensuring that first responders receive necessary
  immunizations to prevent the spread of communicable diseases to
  which a first responder may be exposed during a public health
  emergency, declared disaster, terrorist attack, hostile military
  or paramilitary action, or extraordinary law enforcement
  emergency; and
               (2)  preventing duplication of vaccinations.
         SECTION 12.03.  Section 161.007, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (j) and adding
  Subsection (b-1) to read as follows:
         (a)  The department, for the primary purpose [purposes] of
  establishing and maintaining a single repository of accurate,
  complete, and current immunization records to be used in aiding,
  coordinating, and promoting efficient and cost-effective childhood
  communicable disease prevention and control efforts, shall
  establish and maintain an [a childhood] immunization registry. The
  department by rule shall develop guidelines to:
               (1)  protect the confidentiality of patients in
  accordance with Section 159.002, Occupations Code;
               (2)  inform a parent, managing conservator, or guardian
  of each patient younger than 18 years of age about the registry;
               (3)  require the written consent of a parent, managing
  conservator, or guardian of a patient younger than 18 years of age
  before any information relating to the patient is included in the
  registry; [and]
               (4)  permit a parent, managing conservator, or guardian
  of a patient younger than 18 years of age to withdraw consent for
  the patient to be included in the registry; and
               (5)  determine the process by which consent is
  verified, including affirmation by a health care provider, birth
  registrar, regional health information exchange, or local
  immunization registry that consent has been obtained.
         (b)  The [childhood] immunization registry must contain
  information on the immunization history that is obtained by the
  department under:
               (1)  this section of each person who is younger than 18
  years of age and for whom consent has been obtained in accordance
  with guidelines adopted under Subsection (a);
               (2)  Section 161.00705 of persons immunized to prepare
  for or in response to a declared disaster, public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency; and
               (3)  Section 161.00706 of first responders or their
  immediate family members.
         (b-1)  The department shall remove from the registry
  information for any person for whom consent has been withdrawn. The
  department may not retain individually identifiable information
  about any person:
               (1)  for whom consent has been withdrawn;
               (2)  for whom a consent for continued inclusion in the
  registry following the end of the declared disaster, public health
  emergency, terrorist attack, hostile military or paramilitary
  action, or extraordinary law enforcement emergency has not been
  received under Section 161.00705(f); or
               (3)  for whom a request to be removed from the registry
  has been received under Section 161.00706(e).
         (j)  Except as provided by Sections 161.00705, 161.00706,
  and [Section] 161.008, information obtained by the department for
  the immunization registry is confidential and may be disclosed only
  with the written consent of the individual or, if a child, the
  child's parent, managing conservator, or guardian.
         SECTION 12.04.  Subsections (a) and (c), Section 161.0073,
  Health and Safety Code, are amended to read as follows:
         (a)  Except as provided by Section 161.00705, [The]
  information that individually identifies a child or other
  individual that is received by the department for the immunization
  registry is confidential and may be used by the department for
  registry purposes only.
         (c)  A person required to report information to the
  department for registry purposes or authorized to receive
  information from the registry may not disclose the individually
  identifiable information of a child or other individual to any
  other person without written consent of the individual or, if a
  child, the parent, managing conservator, or guardian of the child,
  except as provided by Chapter 159, Occupations Code, or Section
  602.053, Insurance Code.
         SECTION 12.05.  Section 161.0075, Health and Safety Code, is
  amended to read as follows:
         Sec. 161.0075.  IMMUNITY FROM LIABILITY.  Except as provided
  by Section 161.009, the following persons subject to this
  subchapter that act in compliance with Sections 161.007, 161.00705,
  161.00706, 161.0071, 161.0073, 161.0074, and 161.008 are not
  civilly or criminally liable for furnishing the information
  required under this subchapter:
               (1)  a payor;
               (2)  a health care provider who administers
  immunizations; and
               (3)  an employee of the department.
         SECTION 12.06.  Subsection (a), Section 161.009, Health and
  Safety Code, is amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  negligently releases or discloses immunization
  registry information in violation of Section 161.007, 161.0071,
  161.0073, or 161.008;
               (2)  fails to exclude a child's immunization
  information in violation of Section 161.0071; [or]
               (3)  fails to remove a person's immunization
  information in violation of Section 161.00705 or 161.00706; or
               (4)  negligently uses information in the immunization
  registry to solicit new patients or clients or for other purposes
  that are not associated with immunization or quality-of-care
  purposes, unless authorized under this section.
         SECTION 12.07.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.0102 to read as follows:
         Sec. 161.0102.  DISASTER PREPARATION. The department shall
  consult with public health departments and appropriate health care
  providers to identify adult immunizations that may be necessary to
  respond to or prepare for a disaster or public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency.
         SECTION 12.08.  Subsection (a), Section 161.0105, Health and
  Safety Code, is amended to read as follows:
         (a)  A health care provider who acts in compliance with
  Sections 161.007, 161.00705, 161.00706, and 161.008 and any rules
  adopted under those sections is not civilly or criminally liable
  for furnishing the information required under those sections. This
  subsection does not apply to criminal liability established under
  Section 161.009.
         SECTION 12.09.  As soon as practicable after the effective
  date of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules required under Sections
  161.00705 and 161.00706, Health and Safety Code, as added by this
  article.
         SECTION 12.10.  The change in law made by this article to
  Section 161.009, Health and Safety Code, applies only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is covered by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose. For the purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense was committed before that date.
  ARTICLE 13.  HIGH PRIORITY ACTIVITY FUNDS
         SECTION 13.01.  Section 644.102, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  A municipality or county that engages in enforcement
  under this chapter:
               (1)  shall pay all costs relating to the municipality's
  or county's enforcement;
               (2)  may not be considered, in the context of a federal
  grant related to this chapter:
                     (A)  a party to a federal grant agreement, except
  as provided by Subsection (b-1); or
                     (B)  a grantee under a federal grant to the
  department; and
               (3)  must comply with the standards established under
  Subsection (a).
         (b-1)  Subsection (b) does not prohibit a municipality or
  county from receiving High Priority Activity Funds provided under
  the federal Motor Carrier Safety Assistance Program.
  ARTICLE 14. DISEASE MANAGEMENT
         SECTION 14.01.  Section 81.082, Health and Safety Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  A health authority may designate health care
  facilities within the health authority's jurisdiction that are
  capable of providing services for the examination, observation,
  quarantine, isolation, treatment, or imposition of control
  measures during a public health disaster or during an area
  quarantine under Section 81.085. A health authority may not
  designate a nursing home or other institution licensed under
  Chapter 242.
         SECTION 14.02.  Section 81.083, Health and Safety Code, is
  amended by adding Subsections (k) and (l) to read as follows:
         (k)  If the department or a health authority has reasonable
  cause to believe that a group of five or more individuals has been
  exposed to or infected with a communicable disease, the department
  or health authority may order the members of the group to implement
  control measures that are reasonable and necessary to prevent the
  introduction, transmission, and spread of the disease in this
  state. If the department or health authority adopts control
  measures under this subsection, each member of the group is subject
  to the requirements of this section.
         (l)  An order under Subsection (k) must be in writing and be
  delivered personally or by registered or certified mail to each
  member of the group, or the member's parent, legal guardian, or
  managing conservator if the member is a minor. If the name,
  address, and county of residence of any member of the group is
  unknown at the time the order is issued, the department or health
  authority must publish notice in a newspaper of general circulation
  in the county that includes the area of the suspected exposure and
  any other county in which the department or health authority
  suspects a member of the group resides. The notice must contain the
  following information:
               (1)  that the department or health authority has
  reasonable cause to believe that a group of individuals is ill with,
  has been exposed to, or is the carrier of a communicable disease;
               (2)  the suspected time and place of exposure to the
  disease;
               (3)  a copy of any orders under Subsection (k);
               (4)  instructions to an individual to provide the
  individual's name, address, and county of residence to the
  department or health authority if the individual knows or
  reasonably suspects that the individual was at the place of the
  suspected exposure at the time of the suspected exposure;
               (5)  that the department or health authority may
  request that an application for court orders under Subchapter G be
  filed for the group, if applicable; and
               (6)  that a criminal penalty applies to an individual
  who:
                     (A)  is a member of the group; and
                     (B)  knowingly refuses to perform or allow the
  performance of the control measures in the order.
         SECTION 14.03.  Section 81.151, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  A single application may be filed for a group if:
               (1)  the department or health authority reasonably
  suspects that a group of five or more persons has been exposed to or
  infected with a communicable disease; and
               (2)  each person in the group meets the criteria of this
  chapter for court orders for the management of a person with a
  communicable disease.
         SECTION 14.04.  Subchapter G, Chapter 81, Health and Safety
  Code, is amended by adding Section 81.1511 to read as follows:
         Sec. 81.1511.  APPLICABILITY OF SUBCHAPTER TO GROUP. To the
  extent possible, and except as otherwise provided, if a group
  application is filed under Section 81.151(e), the provisions of
  this subchapter apply to the group in the same manner as they apply
  to an individual, except that:
               (1)  except as provided by Subdivision (2), any
  statement or determination regarding the conduct or status of a
  person must be made in regard to the majority of the members of the
  group;
               (2)  any finding or statement related to compliance
  with orders under Section 81.083 must be made for the entire group;
               (3)  any notice required to be provided to a person
  must:
                     (A)  in addition to being sent to each individual
  in the group for whom the department or health authority has an
  address, be published in a newspaper of general circulation in the
  county that includes the area of the suspected contamination and
  any other county in which the department or health authority
  suspects a member of the group resides;
                     (B)  state that the group is appointed an attorney
  but that a member of the group is entitled to the member's own
  attorney on request; and
                     (C)  include instructions for any person who
  reasonably suspects that the person was at the place of the
  suspected exposure at the time of the suspected exposure to provide
  the person's name, address, and county of residence to the
  department or health authority; and
               (4)  an affidavit of medical evaluation for the group
  may be based on evaluation of one or more members of the group if the
  physician reasonably believes that the condition of the individual
  or individuals represents the condition of the majority of the
  members of the group.
         SECTION 14.05.  Section 81.152, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A group application must contain the following
  information according to the applicant's information and belief:
               (1)  a description of the group and the location where
  the members of the group may be found;
               (2)  a narrative of how the group has been exposed or
  infected;
               (3)  an estimate of how many persons are included in the
  group;
               (4)  to the extent known, a list containing the name,
  address, and county of residence in this state of each member of the
  group;
               (5)  if the applicant is unable to obtain the name and
  address of each member of the group:
                     (A)  a statement that the applicant has sought
  each of the unknown names and addresses; and
                     (B)  the reason that the names and addresses are
  unavailable; and
               (6)  a statement, to be included only in an application
  for inpatient treatment, that the members of the group fail or
  refuse to comply with written orders of the department or health
  authority under Section 81.083, if applicable.
         SECTION 14.06.  Subchapter G, Chapter 81, Health and Safety
  Code, is amended by adding Section 81.1531 to read as follows:
         Sec. 81.1531.  APPOINTMENT OF ATTORNEY FOR GROUP. (a)  A
  judge shall appoint an attorney to represent a group identified in a
  group application under Section 81.151(e) and shall appoint an
  attorney for each person who is listed in the application if
  requested by a person in the group who does not have an attorney.
         (b)  To the extent possible, the provisions of this chapter
  that apply to an individual's attorney apply to a group's attorney.
         SECTION 14.07.  Subsection (a), Section 81.159, Health and
  Safety Code, is amended to read as follows:
         (a)  The commissioner shall designate health care facilities
  throughout the state that are capable of providing services for the
  examination, observation, isolation, or treatment of persons
  having or suspected of having a communicable disease. However, the
  commissioner may not designate:
               (1)  a nursing home or custodial care home required to
  be licensed under Chapter 242; or
               (2)  an intermediate care facility for the mentally
  retarded required to be licensed under Chapter 252.
         SECTION 14.08.  Section 81.162, Health and Safety Code, is
  amended by adding Subsections (f) and (g) to read as follows:
         (f)  Notwithstanding Section 81.161 or Subsection (c), a
  judge or magistrate may issue a temporary protective custody order
  before the filing of an application for a court order for the
  management of a person with a communicable disease under Section
  81.151 if:
               (1)  the judge or magistrate takes testimony that an
  application under Section 81.151, together with a motion for
  protective custody under Section 81.161, will be filed with the
  court on the next business day; and
               (2)  the judge or magistrate determines based on
  evidence taken under Subsection (d) that there is probable cause to
  believe that the person presents a substantial risk of serious harm
  to himself or others to the extent that the person cannot be at
  liberty pending the filing of the application and motion.
         (g)  A temporary protective custody order issued under
  Subsection (f) may continue only until 4 p.m. on the first business
  day after the date the order is issued unless the application for a
  court order for the management of a person with a communicable
  disease and a motion for protective custody, as described by
  Subsection (f)(1), are filed at or before that time. If the
  application and motion are filed at or before 4 p.m. on the first
  business day after the date the order is issued, the temporary
  protective custody order may continue for the period reasonably
  necessary for the court to rule on the motion for protective
  custody.
         SECTION 14.09.  Subsections (b) and (d), Section 81.165,
  Health and Safety Code, are amended to read as follows:
         (b)  The hearing must be held not later than 72 hours after
  the time that the person was detained under the protective custody
  order. If the period ends on a Saturday, Sunday, or legal holiday,
  the hearing must be held on the next day that is not a Saturday,
  Sunday, or legal holiday. The judge or magistrate may postpone the
  hearing for an additional 24 hours if the judge or magistrate
  declares that an extreme emergency exists because of extremely
  hazardous weather conditions that threaten the safety of the person
  or another essential party to the hearing. If the area in which the
  person is found, or the area where the hearing will be held, is
  under a public health disaster, the judge or magistrate may
  postpone the hearing until the period of disaster is ended.
         (d)  The person and his attorney shall have an opportunity at
  the hearing to appear and present evidence to challenge the
  allegation that the person presents a substantial risk of serious
  harm to himself or others. If the health authority advises the
  court that the person must remain in isolation or quarantine and
  that exposure to the judge, jurors, or the public would jeopardize
  the health and safety of those persons and the public health, a
  magistrate or a master may order that a person entitled to a hearing
  for a protective custody order may not appear in person and may
  appear only by teleconference or another means the magistrate or
  master finds appropriate to allow the person to speak, to interact
  with witnesses, and to confer with the person's attorney.
         SECTION 14.10.  Subsections (b) and (c), Section 81.167,
  Health and Safety Code, are amended to read as follows:
         (b)  A person under a protective custody order shall be
  detained in an appropriate inpatient health facility that has been
  designated by the commissioner or by a health authority and
  selected by the health authority under Section 81.159.
         (c)  A person under a protective custody order may be
  detained in a nonmedical facility used to detain persons who are
  charged with or convicted of a crime only with the consent of the
  medical director of the facility and only if the facility has
  respiratory isolation capability for airborne communicable
  diseases. The person may not be detained in a nonmedical facility
  under this subsection for longer than 72 hours, excluding
  Saturdays, Sundays, legal holidays, [and] the period prescribed by
  Section 81.165(b) for an extreme weather emergency, and the
  duration of a public health disaster. The person must be isolated
  from any person who is charged with or convicted of a crime.
         SECTION 14.11.  Subsection (c), Section 81.168, Health and
  Safety Code, is amended to read as follows:
         (c)  The head of a facility shall discharge a person held
  under a protective custody order if:
               (1)  the head of the facility does not receive notice
  within 72 hours after detention begins, excluding Saturdays,
  Sundays, legal holidays, [and] the period prescribed by Section
  81.165(b) for an extreme weather emergency, and the duration of a
  public health disaster, that a probable cause hearing was held and
  the person's continued detention was authorized;
               (2)  a final court order for the management of a person
  with a communicable disease has not been entered within the time
  prescribed by Section 81.154; or
               (3)  the health authority or commissioner determines
  that the person no longer meets the criteria for protective custody
  prescribed by Section 81.162.
         SECTION 14.12.  Section 81.169, Health and Safety Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  Notwithstanding Subsection (d), if the health authority
  advises the court that the person must remain in isolation or
  quarantine and that exposure to the judge, jurors, or the public
  would jeopardize the health and safety of those persons and the
  public health, a judge may order that a person entitled to a hearing
  may not appear in person and may appear only by teleconference or
  another means that the judge finds appropriate to allow the person
  to speak, to interact with witnesses, and to confer with the
  person's attorney.
         SECTION 14.13.  Section 81.176, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.176.  DESIGNATION OF FACILITY. In a court order for
  the temporary or extended management of a person with a
  communicable disease specifying inpatient care, the court shall
  commit the person to a health care facility designated by the
  commissioner or a health authority in accordance with Section
  81.159.
         SECTION 14.14.  Section 81.177, Health and Safety Code, is
  amended to read as follows:
         Sec. 81.177.  COMMITMENT TO PRIVATE FACILITY. (a)  The
  court may order a person committed to a private health care facility
  at no expense to the state if the court receives:
               (1)  an application signed by the person or the person's
  guardian or next friend requesting that the person be placed in a
  designated private health care facility at the person's or
  applicant's expense; and
               (2)  a written agreement from the head of the private
  health care facility to admit the person and to accept
  responsibility for the person in accordance with this chapter.
         (b)  Consistent with Subsection (a), the court may order a
  person committed to a private health care facility at no expense to
  the state, a county, a municipality, or a hospital district if:
               (1)  a state of disaster or a public health disaster has
  been declared or an area quarantine is imposed under Section
  81.085;
               (2)  the health care facility is located within the
  disaster area or area quarantine, as applicable; and
               (3)  the judge determines that there is no public
  health care facility within the disaster area or area quarantine,
  as applicable, that has appropriate facilities and the capacity
  available to receive and treat the person.
         (c)  Nothing in this section prevents a health care facility
  that accepts a person under this section from pursuing
  reimbursement from any appropriate source, such as a third-party
  public or private payor or disaster relief fund.
  ARTICLE 15.  CERTAIN MUTUAL ASSISTANCE AGREEMENTS
         SECTION 15.01.  Section 51.212, Education Code, is amended
  to read as follows:
         Sec. 51.212.  PEACE [SECURITY] OFFICERS AT PRIVATE
  INSTITUTIONS. (a)  The governing boards of private institutions of
  higher education, including private junior colleges, are
  authorized to employ and commission peace officers [campus security
  personnel] for the purpose of enforcing:
               (1)  state law [the law of this state] on the campuses
  of private institutions of higher education; and
               (2)  state and local law, including applicable
  municipal ordinances, at other locations, as permitted by
  Subsection (b) or Section 51.2125.
         (b)  Any officer commissioned under the provisions of this
  section is vested with all the powers, privileges, and immunities
  of peace officers if the officer:
               (1)  is [while] on the property under the control and
  jurisdiction of the respective private institution of higher
  education or is otherwise performing [in the performance of his
  assigned] duties assigned to the officer by the institution,
  regardless of whether the officer is on property under the control
  and jurisdiction of the institution, but provided these duties are
  consistent with the educational mission of the institution and are
  being performed within a county in which the institution has land;
  or
               (2)  to the extent authorized by Section 51.2125, is:
                     (A)  requested by another law enforcement agency
  to provide assistance in enforcing state or local law, including a
  municipal ordinance, and is acting in response to that request; or
                     (B)  otherwise assisting another law enforcement
  agency in enforcing a law described by Paragraph (A).
         (c)  Any officer assigned to duty and commissioned shall take
  and file the oath required of peace officers, and shall execute and
  file a good and sufficient bond in the sum of $1,000, payable to the
  governor, with two or more good and sufficient sureties,
  conditioned that the officer [he] will fairly, impartially, and
  faithfully perform the duties as may be required of the officer
  [him] by law. The bond may be sued on from time to time in the name
  of the person injured until the whole amount is recovered.
         (d) [(b)]  The governing boards of private institutions of
  higher education are authorized to hire and pay on a regular basis
  peace [law-enforcement] officers commissioned by an incorporated
  city. The officers shall be under the supervision of the hiring
  institution, but shall be subject to dismissal and disciplinary
  action by the city. An incorporated city is authorized to contract
  with a private institution of higher education for the use and
  employment of its commissioned officers in any manner agreed to,
  provided that there is no expense incurred by the city.
         (e) [(c)]  In this section, "private institution of higher
  education" means a private or independent institution of higher
  education as defined [has the meaning assigned] by Section 61.003 
  [61.003(15) of this code].
         SECTION 15.02.  Subchapter E, Chapter 51, Education Code, is
  amended by adding Sections 51.2125 and 51.2126 to read as follows:
         Sec. 51.2125.  PRIVATE INSTITUTIONS: AUTHORITY TO ENTER
  INTO MUTUAL ASSISTANCE AGREEMENT. (a)  This section applies only
  to a private institution of higher education that has a fall head
  count enrollment of more than 10,000 students and that has under its
  control and jurisdiction property that is contiguous to, or located
  in any part within the boundaries of, a municipality with a
  population of more than one million.  For purposes of this section,
  a private institution of higher education is a private or
  independent institution of higher education as defined by Section
  61.003.
         (b)  In addition to exercising the authority provided under
  Section 51.212(d), the governing board of a private institution of
  higher education to which this section applies and the governing
  body of each municipality, regardless of the municipality's
  population, that is contiguous to, or the boundaries of which
  contain any part of, property under the control and jurisdiction of
  the private institution of higher education may enter into a
  written mutual assistance agreement in which peace officers
  commissioned by the institution or the applicable municipality
  serve the public interest by assisting, without any form of
  additional compensation or other financial benefit, the peace
  officers of the other party to the agreement in enforcing state or
  local law, including applicable municipal ordinances. The
  agreement must be reviewed at least annually by the institution and
  the municipality and may be modified at that time by a written
  agreement signed by each party.  The agreement may be terminated at
  any time by a party to the agreement on the provision of reasonable
  notice to the other party to the agreement.
         (c)  A mutual assistance agreement authorized by this
  section may designate the geographic area in which the campus peace
  officers are authorized to provide assistance to the peace officers
  of the municipality, except that if the agreement is entered into
  with a municipality with a population of more than one million, the
  designated geographic area consists of each of the election
  districts of the municipality's governing body that contains any
  part of the campus of the institution and each of the election
  districts of the governing body that is contiguous to another
  municipality that contains any part of the campus of the
  institution.
         (d)  This section does not affect a municipality's duty to
  provide law enforcement services to any location within the
  boundaries of the municipality.
         (e)  A peace officer providing assistance under a mutual
  assistance agreement authorized by this section may make arrests
  and exercise all other authority given to peace officers under
  other state law. The municipal law enforcement agency has
  exclusive authority to supervise any campus peace officer operating
  under the agreement to assist the peace officers of the
  municipality.  A municipal peace officer operating under the
  agreement to assist the campus peace officers remains under the
  supervision of the municipal law enforcement agency.
         (f)  In the same manner and to the same extent as a
  municipality is liable for an act or omission of a peace officer
  employed by the municipality, a private institution of higher
  education is liable for an act or omission of a campus peace officer
  operating under a mutual assistance agreement authorized by this
  section at a location other than property under the control and
  jurisdiction of the institution.
         (g)  This section does not limit the authority of a campus
  peace officer to make a warrantless arrest outside the officer's
  jurisdiction as described by Article 14.03(d), Code of Criminal
  Procedure.
         Sec. 51.2126.  APPEAL BY CAMPUS PEACE OFFICER OF
  DISCIPLINARY ACTION OR PROMOTIONAL BYPASS RELATED TO PROVISION OF
  ASSISTANCE UNDER MUTUAL ASSISTANCE AGREEMENT.  (a)  A campus peace
  officer acting under a mutual assistance agreement authorized by
  Section 51.2125 who is demoted, suspended, or terminated by the
  applicable private institution of higher education or who
  experiences a promotional bypass by the institution may elect to
  appeal the institution's action to an independent third party
  hearing examiner under this section.
         (b)  To elect to appeal to an independent third party hearing
  examiner under this section, the campus peace officer must submit
  to the head of the institution's law enforcement agency not later
  than the 30th day after the date of the action being appealed a
  written request stating the officer's decision to appeal to such a
  hearing examiner.
         (c)  The hearing examiner's decision is final and binding on
  all parties. If a campus peace officer elects to appeal the
  institution's action to an independent third party hearing examiner
  under this section, the officer or institution may appeal the
  examiner's decision to a district court only as provided by
  Subsection (j).
         (d)  If a campus peace officer elects to appeal to a hearing
  examiner, the officer and the head of the institution's law
  enforcement agency or their designees shall attempt to agree on the
  selection of an impartial hearing examiner. If the parties do not
  agree on the selection of a hearing examiner before the 10th day
  after the date the appeal is filed, the parties immediately shall
  request a list of seven qualified neutral arbitrators from the
  American Arbitration Association or the Federal Mediation and
  Conciliation Service, or their successors in function. The officer
  and the agency head or their designees may agree on one of the seven
  neutral arbitrators on the list. If the parties do not agree before
  the fifth business day after the date the parties receive the list,
  the parties or their designees shall alternate striking a name from
  the list, and the single name remaining after all other names have
  been struck is selected as the hearing examiner. The parties or
  their designees shall agree on a date for the hearing.
         (e)  The appeal hearing must begin as soon as an appearance
  by the hearing examiner can be scheduled. If the hearing examiner
  cannot begin the hearing before the 45th day after the date of
  selection, the campus peace officer may, within 48 hours after
  learning of that fact, call for the selection of a new hearing
  examiner using the procedure prescribed by Subsection (d).
         (f)  In a hearing conducted under this section, the hearing
  examiner has the same duties and powers that a civil service
  commission has in conducting a hearing or hearing an appeal under
  Chapter 143, Local Government Code, including the right to issue
  subpoenas.  The hearing examiner may:
               (1)  order that the campus peace officer be reinstated
  to the same position or status in which the officer was employed
  immediately before the demotion, suspension, or termination or, in
  the case of a promotional bypass, to the position or status with
  respect to which the officer experienced the bypass; and
               (2)  award the officer lost wages and any other
  compensation lost as a result of the disciplinary action or
  promotional bypass, as applicable.
         (g)  In a hearing conducted under this section, the parties
  may agree to an expedited hearing procedure. Unless otherwise
  agreed by the parties, in an expedited procedure the hearing
  examiner shall issue a decision on the appeal not later than the
  10th day after the date the hearing is completed.
         (h)  In an appeal that does not involve an expedited hearing
  procedure, the hearing examiner shall make a reasonable effort to
  issue a decision on the appeal not later than the 30th day after the
  later of the date the hearing is completed or the briefs are filed.
  The hearing examiner's inability to meet the time requirements
  imposed by this section does not affect the hearing examiner's
  jurisdiction, the validity of the disciplinary action or
  promotional bypass, or the hearing examiner's final decision.
         (i)  The hearing examiner's fees and expenses shall be paid
  in equal amounts by the parties. The costs of a witness shall be
  paid by the party who calls the witness.
         (j)  A district court may hear an appeal of a hearing
  examiner's decision only on the grounds that the hearing examiner
  was without jurisdiction or exceeded the examiner's jurisdiction or
  that the decision was procured by fraud, collusion, or other
  unlawful means. An appeal must be brought in the district court
  having jurisdiction in the municipality in which the institution is
  located.
  ARTICLE 16. TRAFFICKING OF PERSONS
         SECTION 16.01.  Section 20A.01, Penal Code, is amended to
  read as follows:
         Sec. 20A.01.  DEFINITIONS. In this chapter:
               (1)  "Forced labor or services" means labor or
  services, including conduct that constitutes an offense under
  Section 43.02, that are performed or provided by another person and
  obtained through an actor's:
                     (A)  causing or threatening to cause bodily injury
  to the person or another person or otherwise causing the person
  performing or providing labor or services to believe that the
  person or another person will suffer bodily injury;
                     (B)  restraining or threatening to restrain the
  person or another person in a manner described by Section 20.01(1)
  or causing the person performing or providing labor or services to
  believe that the person or another person will be restrained; [or]
                     (C)  knowingly destroying, concealing, removing,
  confiscating, or withholding from the person or another person, or
  threatening to destroy, conceal, remove, confiscate, or withhold
  from the person or another person, the person's actual or
  purported:
                           (i)  government records;
                           (ii)  identifying information; or
                           (iii)  personal property;
                     (D)  threatening the person with abuse of the law
  or the legal process in relation to the person or another person;
                     (E)  threatening to report the person or another
  person to immigration officials or other law enforcement officials
  or otherwise blackmailing or extorting the person or another
  person;
                     (F)  exerting financial control over the person or
  another person by placing the person or another person under the
  actor's control as security for a debt to the extent that:
                           (i)  the value of the services provided by
  the person or another person as reasonably assessed is not applied
  toward the liquidation of the debt;
                           (ii)  the duration of the services provided
  by the person or another person is not limited and the nature of the
  services provided by the person or another person is not defined; or
                           (iii)  the principal amount of the debt does
  not reasonably reflect the value of the items or services for which
  the debt was incurred; or
                     (G)  using any scheme, plan, or pattern intended
  to cause the person to believe that the person or another person
  will be subjected to serious harm or restraint if the person does
  not perform or provide the labor or services.
               (2)  "Traffic" means to transport, [another person or
  to] entice, recruit, harbor, provide, or otherwise obtain another
  person by any means [for transport by deception, coercion, or
  force].
         SECTION 16.02.  Subsections (a) and (b), Section 20A.02,
  Penal Code, are amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  knowingly traffics another person with the intent
  or knowledge that the trafficked person will engage in[:
               [(1)]  forced labor or services; or
               (2)  intentionally or knowingly benefits from
  participating in a venture that involves an activity described by
  Subdivision (1), including by receiving labor or services the
  person knows are forced labor or services [conduct that constitutes
  an offense under Chapter 43].
         (b)  Except as otherwise provided by this subsection, an
  offense under this section is a felony of the second degree. An
  offense under this section is a felony of the first degree if:
               (1)  the applicable conduct constitutes an offense
  under Section 43.02 [offense is committed under Subsection (a)(2)]
  and the person who is trafficked is younger than 18 [14] years of
  age at the time of the offense; or
               (2)  the commission of the offense results in the death
  of the person who is trafficked.
         SECTION 16.03.  Section 125.002, Civil Practice and Remedies
  Code, is amended by adding Subsection (f-1) to read as follows:
         (f-1)  If the defendant required to execute the bond is a
  hotel, motel, or similar establishment that rents overnight lodging
  to the public and the alleged common nuisance is under Section
  125.0015(a)(6) or (7), the bond must also be conditioned that the
  defendant will, in each of the defendant's lodging units on the
  premises that are the subject of the suit, post in a conspicuous
  place near the room rate information required to be posted under
  Section 2155.001, Occupations Code, an operating toll-free
  telephone number of a nationally recognized information and
  referral hotline for victims of human trafficking.
         SECTION 16.04.  Section 125.045, Civil Practice and Remedies
  Code, is amended by adding Subsection (a-1) to read as follows:
         (a-1)  If the defendant required to execute the bond is a
  hotel, motel, or similar establishment that rents overnight lodging
  to the public and the alleged common nuisance is under Section
  125.0015(a)(6) or (7), the bond must also be conditioned that the
  defendant will, in each of the defendant's lodging units on the
  premises that are the subject of the suit, post in a conspicuous
  place near the room rate information required to be posted under
  Section 2155.001, Occupations Code, an operating toll-free
  telephone number of a nationally recognized information and
  referral hotline for victims of human trafficking.
         SECTION 16.05.  (a)  Not later than September 1, 2008, the
  attorney general, in consultation with the Health and Human
  Services Commission, shall prepare and issue a report:
               (1)  outlining how existing laws and rules concerning
  victims and witnesses address or fail to address the needs of
  victims of human trafficking; and
               (2)  recommending areas of improvement and
  modifications in existing laws and rules.
         (b)  Not later than September 1, 2008, the Health and Human
  Services Commission, in consultation with the attorney general,
  shall prepare and issue a report:
               (1)  outlining how existing social service programs
  address or fail to address the needs of victims of human
  trafficking;
               (2)  with respect to those needs, outlining the
  interplay of existing social service programs with federally funded
  victim service programs; and
               (3)  recommending areas of improvement and
  modifications in existing social service programs.
         SECTION 16.06.  Sections 20A.01 and 20A.02, Penal Code, as
  amended by this article apply only to an offense committed on or
  after the effective date of this article. An offense committed
  before the effective date of this article is governed 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 is committed before the effective date of this article if
  any element of the offense occurs before the effective date.
         SECTION 16.07.  Subsection (f-1), Section 125.002, and
  Subsection (a-1), Section 125.045, Civil Practice and Remedies
  Code, as added by this article, apply only to a suit filed on or
  after the effective date of this article. A suit filed before the
  effective date of this article is governed by the law in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
  ARTICLE 17.  REGULATION OF FIREWORKS IN DISASTER DECLARATION
         SECTION 17.01.  Section 418.108, Government Code, is amended
  to read as follows:
         Sec. 418.108.  DECLARATION OF LOCAL DISASTER.  (a)  Except
  as provided by Subsection (e), the presiding officer of the
  governing body of a political subdivision may declare a local state
  of disaster.
         (b)  A declaration of local disaster may not be continued or
  renewed for a period of more than seven days except with the consent
  of the governing body of the political subdivision or the joint
  board as provided by Subsection (e), as applicable.
         (c)  An order or proclamation declaring, continuing, or
  terminating a local state of disaster shall be given prompt and
  general publicity and shall be filed promptly with the city
  secretary, the county clerk, or the joint board's official records,
  as applicable.
         (d)  A declaration of local disaster activates the recovery
  and rehabilitation aspects of all applicable local or
  interjurisdictional emergency management plans and authorizes the
  furnishing of aid and assistance under the declaration. The
  preparedness and response aspects of the plans are activated as
  provided in the plans and take effect immediately after the local
  state of disaster is declared.
         (e)  The chief administrative officer of a joint board has
  exclusive authority to declare that a local state of disaster
  exists within the boundaries of an airport operated or controlled
  by the joint board, regardless of whether the airport is located in
  or outside the boundaries of a political subdivision.
         (f)  The county judge or the mayor of a municipality may
  order the evacuation of all or part of the population from a
  stricken or threatened area under the jurisdiction and authority of
  the county judge or mayor if the county judge or mayor considers the
  action necessary for the preservation of life or other disaster
  mitigation, response, or recovery.
         (g)  The county judge or the mayor of a municipality may
  control ingress to and egress from a disaster area under the
  jurisdiction and authority of the county judge or mayor and control
  the movement of persons and the occupancy of premises in that area.
         (h)  For purposes of Subsections (f) and (g):
               (1)  the jurisdiction and authority of the county judge
  includes the incorporated and unincorporated areas of the county;
  and
               (2)  to the extent of a conflict between decisions of
  the county judge and the mayor, the decision of the county judge
  prevails.
         (i)  A declaration under this section may include a
  restriction that exceeds a restriction authorized by Section
  352.051, Local Government Code. A restriction that exceeds a
  restriction authorized by Section 352.051, Local Government Code,
  is effective only:
               (1)  for 60 hours unless extended by the governor; and
               (2)  if the county judge requests the governor to grant
  an extension of the restriction.
  ARTICLE 18.  MISCELLANEOUS PROVISIONS RELATING TO HOMELAND SECURITY
  AND BORDER SECURITY
         SECTION 18.01.  Subchapter A, Chapter 421, Government Code,
  is amended by adding Section 421.0025 to read as follows:
         Sec. 421.0025.  BORDER SECURITY COUNCIL.  (a)  The Border
  Security Council consists of members appointed by the governor.
         (a-1)  At least one-third of the members appointed under
  Subsection (a) must be residents of the Texas-Mexico border region,
  as defined by Section 2056.002.
         (b)  The Border Security Council shall develop and recommend
  to the office of the governor performance standards, reporting
  requirements, audit methods, and other procedures to ensure that
  funds allocated by the office of the governor for purposes related
  to security at or near this state's international border are used
  properly and that the recipients of the funds are accountable for
  the proper use of the funds.
         (c)  The Border Security Council shall advise the office of
  the governor regarding the allocation of funds by the office for
  purposes related to security at or near this state's international
  border.  Recommendations relating to the allocation of those funds
  must be made by a majority of the members of the council.
         (d)  The governor shall designate one member of the Border
  Security Council as the chair. The chair shall arrange meetings of
  the Border Security Council at times determined by the members of
  the council.
         (e)  The meetings of the Border Security Council are subject
  to the requirements of Chapter 551 to the same extent as similar
  meetings of the Public Safety Commission.  The plans and
  recommendations of the Border Security Council are subject to the
  requirements of Chapter 552 to the same extent as similar plans and
  recommendations of the Department of Public Safety of the State of
  Texas.
         (f)  Service on the Border Security Council by a state
  officer or employee or by an officer or employee of a local
  government is an additional duty of the member's office or
  employment.
         SECTION 18.02.  The heading to Subchapter E, Chapter 421,
  Government Code, is amended to read as follows:
  SUBCHAPTER E.  TEXAS FUSION [INFRASTRUCTURE PROTECTION
  COMMUNICATIONS] CENTER
         SECTION 18.03.  Section 421.081, Government Code, is amended
  to read as follows:
         Sec. 421.081.  FACILITIES AND ADMINISTRATIVE SUPPORT.  The
  Department of Public Safety of the State of Texas shall provide
  facilities and administrative support for the Texas Fusion
  [Infrastructure Protection Communications] Center.
         SECTION 18.04.  Subchapter H, Chapter 2155, Government Code,
  is amended by adding Section 2155.452 to read as follows:
         Sec. 2155.452.  CERTAIN CONTRACTS FOR HOMELAND SECURITY OR
  LAW ENFORCEMENT TECHNOLOGY.  A state governmental entity that
  issues a request for proposals for technological products or
  services for homeland security or law enforcement purposes must
  allow a business entity to substitute the qualifications of its
  executive officers or managers for the qualifications required of
  the business entity in the request for proposals.
         SECTION 18.05.  Subsection (c), Article 61.02, Code of
  Criminal Procedure, is amended to read as follows:
         (c)  Criminal information collected under this chapter
  relating to a criminal street gang must:
               (1)  be relevant to the identification of an
  organization that is reasonably suspected of involvement in
  criminal activity; and
               (2)  consist of:
                     (A)  a judgment under any law that includes, as a
  finding or as an element of a criminal offense, participation in a
  criminal street gang;
                     (B)  a self-admission by the individual of
  criminal street gang membership that is made during a judicial
  proceeding; or
                     (C)  any two of the following:
                           (i) [(A)]  a self-admission by the
  individual of criminal street gang membership that is not made
  during a judicial proceeding;
                           (ii) [(B)]  an identification of the
  individual as a criminal street gang member by a reliable informant
  or other individual;
                           (iii) [(C)]  a corroborated identification
  of the individual as a criminal street gang member by an informant
  or other individual of unknown reliability;
                           (iv) [(D)]  evidence that the individual
  frequents a documented area of a criminal street gang and[,]
  associates with known criminal street gang members;
                           (v)  evidence that the individual[, and]
  uses, in more than an incidental manner, criminal street gang
  dress, hand signals, tattoos, or symbols, including expressions of
  letters, numbers, words, or marks, regardless of the format or
  medium in which the symbols are displayed, that are associated with
  a criminal street gang that operates in an area frequented by the
  individual and described by Subparagraph (iv); or
                           (vi) [(E)]  evidence that the individual has
  been arrested or taken into custody with known criminal street gang
  members for an offense or conduct consistent with criminal street
  gang activity.
         SECTION 18.06.  Subsection (c), Article 61.06, Code of
  Criminal Procedure, is amended to read as follows:
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  three-year period does not include any period during which the
  individual who is the subject of the information is:
               (1)  confined in a correctional facility operated by or
  under contract with the [institutional division or the state jail
  division of the] Texas Department of Criminal Justice;
               (2)  committed to a secure correctional facility
  operated by or under contract with the Texas Youth Commission, as
  defined by Section 51.02, Family Code; or
               (3)  confined in a county jail or a facility operated by
  a juvenile board in lieu of being confined in a correctional
  facility operated by or under contract with the Texas Department of
  Criminal Justice or being committed to a secure correctional
  facility operated by or under contract with the Texas Youth
  Commission.
         SECTION 18.07.  Chapter 61, Code of Criminal Procedure, is
  amended by adding Article 61.075 to read as follows:
         Art. 61.075.  RIGHT TO REQUEST EXISTENCE OF CRIMINAL
  INFORMATION. (a)  A person or the parent or guardian of a child may
  request a law enforcement agency to determine whether the agency
  has collected or is maintaining, under criteria established under
  Article 61.02(c), criminal information relating solely to the
  person or child. The law enforcement agency shall respond to the
  request not later than the 10th business day after the date the
  agency receives the request.
         (b)  Before responding to a request under Subsection (a), a
  law enforcement agency may require reasonable written verification
  of the identity of the person making the request and the
  relationship between the parent or guardian and the child, if
  applicable, including written verification of an address, date of
  birth, driver's license number, state identification card number,
  or social security number.
         ARTICLE 19. EMERGENCY MANAGEMENT TRAINING
         SECTION 19.01.  Subchapter A, Chapter 418, Government Code,
  is amended by adding Section 418.005 to read as follows:
         Sec. 418.005.  EMERGENCY MANAGEMENT TRAINING. (a)  This
  section applies only to an appointed public officer:
               (1)  whose position description, job duties, or
  assignment includes emergency management responsibilities; or
               (2)  who plays a role in emergency preparedness,
  response, or recovery.
         (b)  Each person described by Subsection (a) shall complete a
  course of training provided or approved by the division of not less
  than three hours regarding the responsibilities of state and local
  governments under this chapter not later than the 180th day after
  the date the person:
               (1)  takes the oath of office, if the person is required
  to take an oath of office to assume the person's duties as an
  appointed public officer; or
               (2)  otherwise assumes responsibilities as an
  appointed public officer, if the person is not required to take an
  oath of office to assume the person's duties.
         (c)  The division shall develop and provide a training course
  related to the emergency management responsibilities of
  state-level officers and a training course related to the emergency
  management responsibilities of officers of political subdivisions.
  The division shall ensure that the training courses satisfy the
  requirements of Subsection (b).
         (d)  The division may provide the training and may also
  approve any acceptable course of training offered by a governmental
  body or other entity. The division shall ensure that at least one
  course of training approved or provided by the division is
  available on videotape or a functionally similar and widely
  available medium at no cost.
         (e)  The division or other entity providing the training
  shall provide a certificate of course completion to public officers
  who complete the training required by this section. A public
  officer who completes the training required by this section shall
  maintain and make available for public inspection the record of the
  public officer's completion of the training.
         (f)  The failure of one or more public officers of the state
  or a political subdivision to complete the training required by
  this section does not affect the validity of an action taken by the
  state or the political subdivision.
         (g)  The hours spent in a training course required by
  Subsection (b) may be applied toward the continuing education
  requirements for county commissioners under Section 81.0025, Local
  Government Code.
         SECTION 19.02.  Not later than January 1, 2009, each public
  officer who has taken the oath of office for a state or local
  government office before January 1, 2008, and who is required to
  complete a course of training under Section 418.005, Government
  Code, as added by this article, must complete the training.
  ARTICLE 20.  PUBLIC SAFETY AGENCIES
         SECTION 20.01.  Subsections (b), (c), and (d), Section
  411.003, Government Code, are amended to read as follows:
         (b)  The commission is composed of five [three] citizens of
  this state appointed by the governor with the advice and consent of
  the senate. Members must be selected because of their peculiar
  qualifications for the position and must reflect the diverse
  geographic regions and population groups of this state.  
  Appointments to the commission shall be made without regard to
  race, color, disability, sex, religion, age, or national origin.
  In making an appointment the governor shall consider, among other
  things, the person's knowledge of laws, experience in the
  enforcement of law, honesty, integrity, education, training, and
  executive ability.
         (c) Members serve staggered six-year terms with the terms 
  [term] of either one or two members [member] expiring January 1 of
  each even-numbered year.
         (d)  The governor shall designate one member of the
  commission as chairman of the commission to serve in that capacity
  at the pleasure of the governor. The commission shall meet at the
  times and places specified by commission rule or at the call of the
  chairman [or any two members]. The chairman shall oversee the
  preparation of an agenda for each meeting and ensure that a copy is
  provided to each member at least seven days before the meeting.
         SECTION 20.02.  Promptly after this article takes effect,
  the governor shall appoint two additional members to the Public
  Safety Commission. Of those members, the governor shall designate
  one to serve a term expiring January 1, 2010, and one to serve a term
  expiring January 1, 2012.
  ARTICLE 21.  ENHANCED DRIVER'S LICENSE OR PERSONAL
  IDENTIFICATION CERTIFICATE
         SECTION 21.01.  Subchapter B, Chapter 521, Transportation
  Code, is amended by adding Section 521.032 to read as follows:
         Sec. 521.032.  ENHANCED DRIVER'S LICENSE OR PERSONAL
  IDENTIFICATION CERTIFICATE. (a)  The department may issue an
  enhanced driver's license or personal identification certificate
  for the purposes of crossing the border between this state and
  Mexico to an applicant who provides the department with proof of
  United States citizenship, identity, and state residency. If the
  department issues an enhanced driver's license or personal
  identification certificate, the department shall continue to issue
  a standard driver's license and personal identification
  certificate and offer each applicant the option of receiving the
  standard or enhanced driver's license or personal identification
  certificate.
         (b)  The department shall implement a one-to-many biometric
  matching system for the enhanced driver's license or personal
  identification certificate. An applicant for an enhanced driver's
  license or personal identification certificate must submit a
  biometric identifier as designated by the department, which,
  notwithstanding any other law, may be used only to verify the
  identity of the applicant for purposes relating to implementation
  of the border crossing initiative established by this section. An
  applicant must sign a declaration acknowledging the applicant's
  understanding of the one-to-many biometric match.
         (c)  The enhanced driver's license or personal
  identification certificate must include reasonable security
  measures to protect the privacy of the license or certificate
  holders, including reasonable safeguards to protect against the
  unauthorized disclosure of information about the holders. If the
  enhanced driver's license or personal identification certificate
  includes a radio frequency identification chip or similar
  technology, the department shall ensure that the technology is
  encrypted or otherwise secure from unauthorized information
  access.
         (d)  The requirements of this section are in addition to any
  other requirements imposed on applicants for a driver's license or
  personal identification certificate.  The department shall adopt
  rules necessary to implement this section. The department shall
  periodically review technological innovations related to the
  security of driver's licenses and personal identification
  certificates and amend the rules as appropriate, consistent with
  this section, to protect the privacy of driver's license and
  personal identification certificate holders.
         (e)  The department may set a fee for issuance of an enhanced
  driver's license or personal identification certificate in a
  reasonable amount necessary to implement and administer this
  section.
         (f)  The department may enter into a memorandum of
  understanding with any federal agency for the purposes of
  facilitating the crossing of the border between this state and
  Mexico. The department may enter into an agreement with Mexico, to
  the extent permitted by federal law, to implement a border crossing
  initiative authorized by this section.  The department shall
  implement a statewide education campaign to educate residents of
  this state about the border crossing initiative.  The campaign must
  include information on:
               (1)  the forms of travel for which the existing and
  enhanced driver's license and personal identification certificate
  can be used; and
               (2)  relevant dates for implementation of laws that
  affect identification requirements at the border with Mexico.
         (g)  A person may not sell or otherwise disclose biometric
  information accessed from an enhanced driver's license or any
  information from an enhanced driver's license radio frequency
  identification chip or similar technology to another person or an
  affiliate of the person.  This subsection does not apply to a
  financial institution described by Section 521.126(e).
  ARTICLE 22.  EFFECTIVE DATE
         SECTION 22.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 11 passed the Senate on
  April 18, 2007, by the following vote:  Yeas 31, Nays 0;
  May 25, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 11 passed the House, with
  amendments, on May 23, 2007, by the following vote:  Yeas 146,
  Nays 1, one present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 139, Nays 1, three present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor