81R6480 CS-D

By: Ortiz, Jr. H.B. No. 1556

A BILL TO BE ENTITLED

AN ACT

relating to local public health and public safety alerts.

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

SECTION 1. Chapter 418, Government Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS

Sec. 418.190. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Public Safety of the State of Texas.

(2) "Director" means the public safety director.

(3) "Emergency management director" means a person designated to serve as emergency management director under Section 418.1015.

(4) "Health authority" has the meaning assigned by Section 81.003, Health and Safety Code.

Sec. 418.191. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS. With the cooperation of the Texas Department of Transportation and emergency management directors, the department shall develop and implement a system for municipalities and counties to issue local public health and public safety alerts through an existing system of dynamic message signs.

Sec. 418.192. ADMINISTRATION. (a) The director is the statewide coordinator of the local public health and public safety alert system.

(b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives must include:

(1) the procedures to be used by a health authority to verify a threat to public health within the health authority's jurisdiction;

(2) the procedures to be used by a local law enforcement agency to verify a threat to public safety within the agency's jurisdiction; and

(3) the procedures to be used by an individual or entity to report information about a threat to public health or public safety.

(c) The director shall prescribe forms for use by an emergency management director for a municipality or county in requesting activation of the alert system.

Sec. 418.193. DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION. (a) The Texas Department of Transportation shall:

(1) cooperate with the department and emergency management directors and assist in developing and implementing the alert system; and

(2) establish a plan for providing relevant information to the public in affected areas of the state through an existing system of dynamic message signs.

(b) The Texas Department of Transportation may coordinate the implementation of its duties under this subchapter with the implementation of the silver alert system under Subchapter M, Chapter 411.

Sec. 418.194. NOTIFICATION TO DEPARTMENT OF LOCAL THREAT TO PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management director may notify the department if the emergency management director receives notice from:

(1) a health authority of a verified threat to public health within the health authority's jurisdiction; or

(2) a local law enforcement agency of a verified threat to public safety within the agency's jurisdiction.

(b) The emergency management director must determine that the information provided by a health authority or a local law enforcement agency poses a credible threat to the municipality or county.

Sec. 418.195. ACTIVATION. (a) On the request of an emergency management director, the department shall activate the alert system and notify appropriate participants in the alert system.

(b) The department shall send the alert to designated media outlets in the area affected by the public health or public safety threat. Following receipt of the alert, participating media outlets may issue the alert at designated intervals.

Sec. 418.196. CONTENT OF LOCAL PUBLIC HEALTH OR PUBLIC SAFETY ALERT. A local public health or public safety alert must include:

(1) all appropriate information that is provided by the emergency management director; and

(2) information on whom an individual in the affected area can contact for more information.

Sec. 418.197. TERMINATION OF LOCAL PUBLIC HEALTH OR PUBLIC SAFETY ALERT. (a) The director shall terminate any activation of the alert with respect to a local public health or public safety alert not later than the earlier of the time at which:

(1) the local public health or public safety threat is resolved; or

(2) the notification period ends, as determined by department rule.

(b) An emergency management director that requests activation of the alert system under this subchapter shall notify the department as soon as possible that the local public health or public safety threat is resolved.

SECTION 2. This Act takes effect September 1, 2009.