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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and operation of a public building |
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mapping information system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. PUBLIC BUILDING MAPPING INFORMATION SYSTEM |
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Sec. 418.251. DEFINITIONS. In this subchapter: |
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(1) "Committee" means the Public Building Mapping |
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Information System Committee under Section 418.255. |
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(2) "First responder" means: |
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(A) a public safety employee whose primary duties |
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include responding rapidly to an emergency as the first person to |
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arrive at the scene of the emergency; |
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(B) a person who is defined as fire protection |
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personnel under Section 419.021; |
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(C) a volunteer firefighter certified by the |
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Texas Commission on Fire Protection or the State Firemen's and Fire |
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Marshals' Association of Texas; or |
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(D) a peace officer or firefighter who provides |
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first responder services under an interlocal agreement. |
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(3) "Maps and other information" means the information |
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required by the division under Section 418.252(b). |
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(4) "Public agency" means the state or a political |
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subdivision of the state. |
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(5) "Public building" means any building owned or |
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occupied by a public agency. |
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Sec. 418.252. INFORMATION SYSTEM. (a) If funding is |
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available for the purpose, the division, with the advice of the |
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committee, shall establish and operate a statewide public building |
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mapping information system for the purpose of storing information |
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related to public buildings in an electronic format that will be |
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readily accessible to first responders in the event of an |
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emergency. |
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(b) Subject to available funding, the division, with the |
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advice of the committee, shall develop a plan to create or obtain, |
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as appropriate, the following information relating to public |
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buildings for the purpose of storing the information in the public |
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building mapping information system: |
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(1) floor plans and other relevant building maps; |
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(2) fire protection information; |
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(3) evacuation plans; |
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(4) utility information; |
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(5) known hazards; |
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(6) text and digital images showing emergency |
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personnel contact information; and |
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(7) other information determined by the committee to |
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be necessary. |
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Sec. 418.253. SOFTWARE STANDARDS AND FORMAT REQUIREMENTS. |
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(a) The division, with the advice of the committee: |
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(1) shall develop software standards and format |
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requirements for the creation and storage of maps and other |
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information by all public agencies; and |
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(2) may refuse to accept for storage in the system any |
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submitted maps and other information that do not comply with the |
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software standards or format required by the division. |
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(b) If, before the establishment of the public building |
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mapping information system under this subchapter, a local |
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government establishes an independent building mapping system or |
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creates or stores maps and other information using software |
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standards and format requirements other than those established |
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under Subsection (a), the local government may continue to use its |
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independent building mapping system and unique software standards |
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and format until the division provides funding necessary to modify |
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the local government's information system to achieve compatibility |
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with the standards and format requirements established by the |
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division under Subsection (a). |
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Sec. 418.254. SUBMISSION OF INFORMATION. (a) Each public |
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agency that creates or stores maps and other information shall |
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submit the maps and other information to the division for storage in |
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the public building mapping information system. A public agency is |
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not required to create or store maps and other information related |
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to buildings owned or occupied by the agency unless funding for all |
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of the public agency's costs related to that purpose is provided by |
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the division or another entity. |
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(b) A private entity that creates or stores maps and other |
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information may voluntarily provide the maps and other information |
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to the division for storage in the public building mapping |
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information system. |
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Sec. 418.255. COMMITTEE. (a) The Public Building Mapping |
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Information System Committee is an advisory entity administered by |
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the division. |
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(b) The division may adopt rules necessary for the operation |
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of the committee. |
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(c) The committee is composed of one representative of each |
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of the following entities, appointed by the administrative head of |
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the entity: |
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(1) the division; |
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(2) another division of the Department of Public |
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Safety; |
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(3) the Department of Information Resources; |
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(4) the state fire marshal's office; |
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(5) the Texas State Association of Fire Fighters; |
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(6) the Texas Association of Counties; |
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(7) the Texas Municipal League; |
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(8) the Sheriffs' Association of Texas; |
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(9) the Texas Police Chiefs Association; and |
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(10) the Texas Fire Chiefs Association. |
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(d) The committee shall develop recommendations for the |
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division with respect to: |
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(1) the information required to be included in the |
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public building mapping information system; |
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(2) the software standards and required format for |
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maps and other information to be included in the public building |
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mapping information system; |
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(3) a plan for the creation and storage of maps and |
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other information that, based on the availability of funding, |
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specifies the order in which the information shall be created and |
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stored; |
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(4) the manner in which information in the public |
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building mapping information system shall be accessed, including |
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detailed procedures and security systems that will ensure |
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information is made available only to appropriate persons at |
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appropriate times; and |
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(5) guidelines for training related to the use of the |
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public building mapping information system. |
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Sec. 418.256. AVAILABILITY OF INFORMATION. The division, |
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with the advice of the committee, shall develop procedures for the |
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release of information in the public building mapping information |
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system to first responders in the event of an emergency. |
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Sec. 418.257. ACCESS TO INFORMATION. This subchapter does |
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not apply to the extent that it interferes with the ability of a |
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public agency to control and maintain access to information in an |
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information system other than the public building mapping |
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information system. |
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Sec. 418.258. FUNDING. The division shall apply for |
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federal funding available for purposes related to this subchapter. |
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If the division obtains a federal grant for public building |
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mapping, the division shall use the grant to: |
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(1) establish and maintain the public building mapping |
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information system under this subchapter; and |
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(2) administer grants to other public agencies in |
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accordance with federal and state guidelines to assist with the |
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creation and storage of maps and other information according to the |
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plan developed by the division with the advice of the committee. |
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Sec. 418.259. EXCEPTION FROM PUBLIC INFORMATION LAW. |
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Information received and maintained by the division under this |
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subchapter is excepted from required disclosure under the public |
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information law, Chapter 552. |
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Sec. 418.260. LOCAL GOVERNMENT IMMUNITY. A local |
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government and its employees are immune from civil liability for |
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any act or omission relating to the creation and use of the public |
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building mapping information system under this subchapter, unless |
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the act or omission is grossly negligent or done in bad faith. |
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SECTION 2. (a) Not later than December 1, 2009, the |
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division of emergency management in the office of the governor |
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shall develop software standards and format requirements in |
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accordance with Section 418.253, Government Code, as added by this |
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Act. |
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(b) A public agency is not required to comply with the |
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software standards and format requirements required by Section |
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418.253, Government Code, as added by this Act, until the software |
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standards and format requirements are developed by the division of |
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emergency management in the office of the governor. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2009. |
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(b) Subsection (a), Section 418.254, Government Code, as |
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added by this Act, takes effect March 1, 2010. |
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