80R1084 TAD-F

By: Gallegos S.B. No. 279

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and operation of a public building mapping information system by the Texas Building and Procurement Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2152, Government Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. PUBLIC BUILDING MAPPING INFORMATION SYSTEM

Sec. 2152.151. DEFINITIONS. In this subchapter:

(1) "Committee" means the Public Building Mapping Information System Committee under Section 2152.155.

(2) "First responder" means:

(A) a public safety employee whose primary duties include responding rapidly to an emergency as the first person to arrive at the scene of the emergency;

(B) a person who is defined as fire protection personnel under Section 419.021;

(C) a volunteer firefighter certified by the Texas Commission on Fire Protection or the State Firemen's and Fire Marshals' Association of Texas; and

(D) a peace officer or firefighter who provides first responder services under an interlocal agreement.

(3) "Maps and other information" means the information required by the commission under Section 2152.152(b).

(4) "Public agency" means the state or a political subdivision of the state.

(5) "Public building" means any building owned or occupied by a public agency.

Sec. 2152.152. INFORMATION SYSTEM. (a) The commission, with the advice of the committee, shall establish and operate a statewide public building mapping information system for the purpose of storing information related to public buildings in an electronic format that will be readily accessible to first responders in the event of an emergency.

(b) Subject to available funding, the commission, with the advice of the committee, shall develop a plan to create or obtain, as appropriate, the following information relating to public buildings for the purpose of storing the information in the public building mapping information system:

(1) floor plans and other relevant building maps;

(2) fire protection information;

(3) evacuation plans;

(4) utility information;

(5) known hazards;

(6) text and digital images showing emergency personnel contact information; and

(7) other information determined by the committee to be necessary.

Sec. 2152.153. SOFTWARE STANDARDS AND FORMAT REQUIREMENTS. The commission, with the advice of the committee:

(1) shall develop software standards and format requirements for the creation and storage of maps and other information relating to public buildings by all public agencies; and

(2) may refuse to accept for storage in the system any submitted maps and other information that do not comply with the software standards or format required by the commission.

Sec. 2152.154. SUBMISSION OF INFORMATION. (a) Each public agency that creates or stores maps and other information related to a public building shall submit the maps and information to the commission for storage in the public building mapping information system.

(b) A private entity that creates or stores maps and other information related to a public building may voluntarily provide the maps and information to the commission for storage in the public building mapping information system.

Sec. 2152.155. COMMITTEE. (a) The Public Building Mapping Information System Committee is an advisory entity administered by the commission.

(b) The commission may adopt rules necessary for the operation of the committee.

(c) The committee is composed of one representative of each of the following entities, appointed by the single statewide elected or appointed governing officer or administrative head of the entity:

(1) the commission;

(2) the Department of Public Safety;

(3) the Department of Information Resources;

(4) the Texas Association of Counties;

(5) the Texas Municipal League;

(6) the Sheriffs' Association of Texas;

(7) the Texas Police Chiefs Association; and

(8) the Texas Fire Chiefs Association.

(d) The committee shall develop recommendations for the commission with respect to:

(1) the information required to be included in the public building mapping information system;

(2) the software standards and required format for maps and other information to be included in the public building mapping information system;

(3) a plan for the creation and storage of maps and other information that, based on the availability of funding, specifies the order in which the information shall be created and stored;

(4) the manner in which information in the public building mapping information system shall be accessed, including detailed procedures and security systems that will ensure information is made available only to appropriate persons at appropriate times; and

(5) guidelines for training related to the use of the public building mapping information system.

Sec. 2152.156. AVAILABILITY OF INFORMATION. The commission, with the advice of the committee, shall develop procedures for the release of information in the public building mapping information system to first responders in the event of an emergency.

Sec. 2152.157. ACCESS TO INFORMATION. This subchapter does not apply to the extent that it interferes with the ability of a public agency to control and maintain access to information in an information system other than the public building mapping information system.

Sec. 2152.158. FUNDING. The commission shall apply for federal funding available for purposes related to this subchapter. If the commission obtains a federal grant for public building mapping, the commission shall use the grant to:

(1) establish and maintain the public building mapping information system under this subchapter; and

(2) administer grants to other public agencies in accordance with federal and state guidelines to assist with the creation and storage of maps and other information according to the plan developed by the commission with the advice of the committee.

Sec. 2152.159. EXCEPTION FROM PUBLIC INFORMATION LAW. Information received and maintained by the commission under this subchapter is excepted from required disclosure under the public information law, Chapter 552.

Sec. 2152.160. LOCAL GOVERNMENT IMMUNITY. A local government and its employees are immune from civil liability for any act or omission relating to the creation and use of the public building mapping information system under this subchapter, unless the act or omission was grossly negligent or done in bad faith.

SECTION 2. Subchapter D, Chapter 2152, Government Code, as added by this Act, does not require a public agency to create or store maps and other information related to public buildings owned or occupied by the agency unless all related costs are provided to the public agency specifically for that purpose by the Texas Building and Procurement Commission or another entity.

SECTION 3. (a) Not later than December 1, 2007, the Texas Building and Procurement Commission shall develop software standards and format requirements in accordance with Section 2152.153, Government Code, as added by this Act.

(b) A public agency is not required to comply with Section 2152.153, Government Code, as added by this Act, until the software standards and format requirements are developed by the Texas Building and Procurement Commission in accordance with that section.

SECTION 4. If, before the establishment of the public building mapping information system under Subchapter D, Chapter 2152, Government Code, as added by this Act, a local government establishes an independent building mapping system or creates or stores maps and other information related to a public building using software standards and format requirements other than those established under Section 2152.153, Government Code, as added by this Act, the local government may continue to use its independent building mapping system and unique software standards and format until the Texas Building and Procurement Commission provides funding necessary to modify the local government's information system to achieve compatibility with the standards and format requirements established by the commission under Section 2152.153, Government Code, as added by this Act.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.