By: Gallegos S.B. No. 664

(In the Senate - Filed February 3, 2009; February 23, 2009, read first time and referred to Committee on Government Organization; April 24, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 24, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 664 By: Hegar

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and operation of a public building mapping information system.

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

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

SUBCHAPTER J. PUBLIC BUILDING MAPPING INFORMATION SYSTEM

Sec. 418.251. DEFINITIONS. In this subchapter:

(1) "Committee" means the Public Building Mapping Information System Committee under Section 418.255.

(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; or

(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 division under Section 418.252(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. 418.252. INFORMATION SYSTEM. (a) If funding is available for the purpose, the division, 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 division, 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. 418.253. SOFTWARE STANDARDS AND FORMAT REQUIREMENTS. (a) The division, with the advice of the committee:

(1) shall develop software standards and format requirements for the creation and storage of maps and other information 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 division.

(b) If, before the establishment of the public building mapping information system under this subchapter, a local government establishes an independent building mapping system or creates or stores maps and other information using software standards and format requirements other than those established under Subsection (a), the local government may continue to use its independent building mapping system and unique software standards and format until the division provides funding necessary to modify the local government's information system to achieve compatibility with the standards and format requirements established by the division under Subsection (a).

Sec. 418.254. SUBMISSION OF INFORMATION. (a) Each public agency that creates or stores maps and other information shall submit the maps and other information to the division for storage in the public building mapping information system. A public agency is not required to create or store maps and other information related to buildings owned or occupied by the agency unless funding for all of the public agency's costs related to that purpose is provided by the division or another entity.

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

Sec. 418.255. COMMITTEE. (a) The Public Building Mapping Information System Committee is an advisory entity administered by the division.

(b) The division 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 administrative head of the entity:

(1) the division;

(2) another division of the Department of Public Safety;

(3) the Department of Information Resources;

(4) the state fire marshal's office;

(5) the Texas State Association of Fire Fighters;

(6) the Texas Association of Counties;

(7) the Texas Municipal League;

(8) the Sheriffs' Association of Texas;

(9) the Texas Police Chiefs Association; and

(10) the Texas Fire Chiefs Association.

(d) The committee shall develop recommendations for the division 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. 418.256. AVAILABILITY OF INFORMATION. The division, 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. 418.257. 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. 418.258. FUNDING. The division shall apply for federal funding available for purposes related to this subchapter. If the division obtains a federal grant for public building mapping, the division 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 division with the advice of the committee.

Sec. 418.259. EXCEPTION FROM PUBLIC INFORMATION LAW. Information received and maintained by the division under this subchapter is excepted from required disclosure under the public information law, Chapter 552.

Sec. 418.260. 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 is grossly negligent or done in bad faith.

SECTION 2. (a) Not later than December 1, 2009, the division of emergency management in the office of the governor shall develop software standards and format requirements in accordance with Section 418.253, Government Code, as added by this Act.

(b) A public agency is not required to comply with the software standards and format requirements required by Section 418.253, Government Code, as added by this Act, until the software standards and format requirements are developed by the division of emergency management in the office of the governor.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b) Subsection (a), Section 418.254, Government Code, as added by this Act, takes effect March 1, 2010.

* * * * *