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  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.
 
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