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A BILL TO BE ENTITLED
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AN ACT
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relating to the operations and monitoring of fusion centers in this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 421.001, Government Code, is amended by |
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adding Subdivisions (2-a), (4), and (5) to read as follows: |
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(2-a) "Fusion center" means a state or regional |
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multidisciplinary collaborative effort of two or more agencies that |
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combine resources, expertise, and intelligence and other |
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information with the goal of maximizing the ability of those |
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agencies to detect, prevent, and respond to criminal activities or |
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to otherwise engage in homeland security activities. |
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(4) "Intelligence" means the product of systematic |
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gathering, evaluation, and synthesis of raw data on individuals or |
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activities suspected of being, or known to be, criminal in nature. |
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(5) "Recognized fusion center" means a fusion center |
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operating in this state that has been recognized by the secretary of |
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homeland security as meeting the fusion center mission identified |
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in the governor's homeland security strategy and in the Department |
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of Homeland Security State, Local, and Regional Fusion Center |
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Initiative established under 6 U.S.C. Section 124h. |
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SECTION 2. Section 421.002(b), Government Code, is amended |
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to read as follows: |
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(b) The governor's homeland security strategy shall |
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coordinate homeland security activities among and between local, |
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state, and federal agencies and the private sector and must include |
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specific plans for: |
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(1) intelligence gathering and analysis; |
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(2) information sharing; |
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(3) reducing the state's vulnerability to homeland |
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security emergencies; |
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(4) protecting critical infrastructure; |
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(5) protecting the state's international border, |
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ports, and airports; |
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(6) detecting, deterring, and defending against |
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terrorism, including cyber-terrorism and biological, chemical, and |
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nuclear terrorism; |
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(7) positioning equipment, technology, and personnel |
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to improve the state's ability to respond to a homeland security |
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emergency; |
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(8) directing the Texas Fusion [Infrastructure
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Protection Communications] Center and giving the center certain |
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forms of authority to implement the governor's homeland security |
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strategy; and |
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(9) using technological resources to: |
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(A) facilitate the interoperability of |
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government technological resources, including data, networks, and |
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applications; |
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(B) coordinate the warning and alert systems of |
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state and local agencies; |
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(C) incorporate multidisciplinary approaches to |
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homeland security; and |
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(D) improve the security of governmental and |
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private sector information technology and information resources. |
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SECTION 3. Section 421.071, Government Code, is amended to |
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read as follows: |
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Sec. 421.071. COOPERATION AND ASSISTANCE. A state or local |
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agency that performs a homeland security activity or a |
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nongovernmental entity that contracts with a state or local agency |
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to perform a homeland security activity shall cooperate with and |
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assist the office of the governor, the Homeland Security Council, |
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the Texas Fusion [Infrastructure Protection Communications] |
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Center, and the National Infrastructure Protection Center in the |
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performance of their duties under this chapter and other state or |
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federal law. |
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SECTION 4. Section 421.082(b), Government Code, is amended |
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to read as follows: |
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(b) The center's duties include: |
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(1) promotion of emergency preparedness; |
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(2) receipt and analysis of information, assessment of |
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threats, and issuance of public warnings related to homeland |
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security emergencies; [and] |
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(3) authorization and facilitation of cooperative |
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efforts related to emergency response and recovery efforts in the |
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event of a homeland security emergency; and |
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(4) making recommendations to the Department of Public |
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Safety regarding the monitoring of fusion centers operating in this |
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state and regarding the functions of the Texas Fusion Center Policy |
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Council created under Section 421.083. |
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SECTION 5. Subchapter E, Chapter 421, Government Code, is |
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amended by adding Sections 421.083, 421.084, and 421.085 to read as |
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follows: |
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Sec. 421.083. TEXAS FUSION CENTER POLICY COUNCIL. (a) The |
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Department of Public Safety shall create the Texas Fusion Center |
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Policy Council and the bylaws for the council to assist the |
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department in monitoring fusion center activities in this state. |
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(b) The policy council is composed of one executive |
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representative from each recognized fusion center operating in this |
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state. |
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(c) The policy council shall: |
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(1) develop and disseminate strategies to: |
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(A) facilitate the implementation of applicable |
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federal standards and programs on a statewide basis by each fusion |
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center operating in this state; |
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(B) expand and enhance the statewide |
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intelligence capacity to reduce the threat of terrorism and |
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criminal enterprises; and |
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(C) continuously review critical issues |
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pertaining to homeland security activities; |
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(2) establish a privacy advisory group, with at least |
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one member who is a privacy advocate, to advise the policy council |
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and to meet at the direction of the policy council; and |
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(3) recommend best practices for each fusion center |
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operating in this state, including: |
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(A) best practices to ensure that the center |
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adheres to state and federal laws designed to protect privacy and |
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the other legal rights of individuals; and |
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(B) best practices for the smooth exchange of |
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information among all fusion centers operating in this state. |
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Sec. 421.084. FUSION CENTERS OPERATING IN THIS STATE: |
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RULES AND MONITORING. (a) After considering the recommendations |
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of the Texas Fusion Center under Section 421.082(b)(4) and the |
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Texas Fusion Center Policy Council under Section 421.083(c)(3), the |
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Department of Public Safety shall adopt rules to govern the |
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operations of fusion centers in this state, including guidelines |
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to: |
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(1) establish a common concept of operations for any |
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fusion center operating in this state, in order to provide clear |
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baseline standards for each aspect of the center's activities; |
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(2) inform and define the monitoring of those |
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activities by the Texas Fusion Center Policy Council; and |
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(3) ensure that any fusion center operating in this |
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state adheres to state and federal laws designed to protect privacy |
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and the other legal rights of individuals, including laws that |
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provide clear standards for the treatment of intelligence and for |
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the collection and storage of noncriminal information, personally |
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identifiable information, and protected health information. |
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(b) The department may require that a fusion center audited |
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under applicable department rules pay any costs incurred by the |
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policy council in relation to the audit. |
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(c) A member of the policy council may not receive |
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compensation but is entitled to reimbursement for the member's |
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travel expenses as provided by Chapter 660 and the General |
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Appropriations Act. |
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(d) A fusion center may not receive state grant money if the |
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center adopts a rule, order, ordinance, or policy under which the |
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center fails or refuses to comply with rules adopted by the |
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Department of Public Safety under Subsection (a), beginning with |
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the first state fiscal year occurring after the center adopts the |
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rule, order, ordinance, or policy. |
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Sec. 421.085. REPORT. The Texas Fusion Center Policy |
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Council annually shall submit to the governor and to each house of |
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the legislature a report that contains, with respect to the |
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preceding year: |
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(1) the council's progress in developing and |
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coordinating the statewide fusion effort and intelligence network |
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described by the governor's homeland security strategy; |
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(2) the progress made by fusion centers operating in |
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this state in meeting the fusion center guidelines developed under |
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the Department of Homeland Security State, Local, and Regional |
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Fusion Center Initiative established under 6 U.S.C. Section 124h; |
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and |
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(3) a summary of fusion center audits or reviews |
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conducted under applicable rules adopted by the Department of |
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Public Safety. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |