82R18882 CBE-D
 
  By: Miller of Erath H.C.R. No. 90
 
  Substitute the following for H.C.R. No. 90:
 
  By:  Burnam C.S.H.C.R. No. 90
 
 
 
HOUSE CONCURRENT RESOLUTION
         WHEREAS, Effective emergency communications are an essential
  component of homeland security, but the federal government has thus
  far failed to implement the Integrated Public Alert and Warning
  System program, launched in 2006 in response to Presidential
  Executive Order 13407, and related measures that are necessary to
  alert the American public in situations of war, terrorist attack,
  natural disaster, or other hazards; and
         WHEREAS, At present, the capacity of the United States to
  issue warnings is supported by the Emergency Alert System and the
  National Oceanic and Atmospheric Administration Weather Radio
  All-Hazards Network; the EAS is built on a structure conceived in
  the 1950s, when the best available technology for widely
  disseminating emergency alerts was over-the-air broadcasting; NOAA
  Weather Radio broadcasts National Weather Service forecasts and
  all-hazard warnings for natural and man-made events; and
         WHEREAS, Reliance on radio and television to deliver warnings
  fails to take into account the prevalence and sophistication of
  other communications technologies, especially wireless devices and
  satellite solutions; the Integrated Public Alert and Warning
  System, managed by the Federal Emergency Management Agency, is
  intended to modernize and enhance the antiquated Emergency Alert
  System and provide a fully integrated, multimodal "system of
  systems" for warning citizens; and
         WHEREAS, IPAWS has addressed the lack of standards across
  warning devices with the new Common Alerting Protocol, which will
  facilitate the creation of a cohesive alert warning solution, and
  with new alert systems such as the Commercial Mobile Alert System,
  which allows for the mass transmission of text-based alerts to
  mobile devices in targeted geographic areas; even with these
  advancements and with a fully implemented IPAWS, IPAWS as designed
  still falls short of a comprehensive alert warning system since it
  has the same limitations of each existing and proposed system:
  radio, television, and wireless service may not exist in some
  remote geographic areas or may be compromised by natural or
  man-made disasters; today's technology, however, can provide a
  comprehensive alert warning system; and
         WHEREAS, Such technology must be deployed as soon as possible
  in a comprehensive, integrated national alert system, in
  coordination with federal, state, local, territorial, and tribal
  emergency management systems, to ensure that under all conditions,
  at all times, and in all places universal communication is
  available to warn Americans of impending dangers; now, therefore,
  be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby urge the United States Congress to expedite a solution and
  enact laws that will provide public alert and warning in situations
  of war, terrorist attack, natural disaster, or other hazards to
  public safety or the well-being of all people of the United States
  of America; and, be it further
         RESOLVED, That the 82nd Texas Legislature hereby
  respectfully urge the United States Congress to investigate and
  conduct hearings to inventory, evaluate, and assess capabilities
  and integration with the public alert and warning systems of
  federal, state, local, territorial, and tribal public alert and
  warning resources and to establish or adopt common alerting and
  warning protocols, standards, terminology, and operating
  procedures that are effective without the necessity of maintaining
  a database of contact information so as to protect the privacy of
  all Americans and that enable interoperability and the secure
  delivery of coordinated messages to the American people through as
  many communication pathways as practicable, utilizing today's
  technology to guarantee the delivery of warnings and alerts in a
  timely manner to the entire population when surface infrastructure
  does not exist, has been compromised, or has been otherwise
  rendered ineffective; and, be it further
         RESOLVED, That the legislature hereby respectfully urge the
  United States Congress to ensure that the public alert and warning
  system is capable of serving all Americans, including those with
  disabilities and those who lack an understanding of the English
  language, even in the most remote geographic areas of the United
  States and its territories, and to ensure that it is capable of
  adapting the distribution and content of communications on the
  basis of clearly defined geographic locations, risks, or personal
  user preferences, as appropriate; and, be it further
         RESOLVED, That the legislature hereby respectfully urge the
  United States Congress to require media communication
  organizations and all governments, federal, state, local,
  territorial, and tribal, to consult, coordinate, and cooperate with
  the private sector, including emergency response providers and
  users, as appropriate, for the full implementation of a
  state-of-the-art early warning and alert system; and, be it further
         RESOLVED, That the legislature hereby respectfully urge the
  United States Congress to establish training, annual tests, and
  exercises for the public alert and warning system, to provide for
  direct access to the system by appropriate federal, state, local,
  territorial, and tribal emergency personnel, and, through
  cooperation with the owners and operators of communications
  facilities, to maintain, protect, and, if necessary, restore
  communications facilities and capabilities necessary for the
  public alert and warning system; and, be it further
         RESOLVED, That the legislature hereby respectfully urge the
  United States Congress to ensure that public education efforts are
  conducted so that federal, state, local, territorial, and tribal
  governments, the private sector, and the American people understand
  the functions of the public alert and warning system and how to
  access, use, and respond to information issued through all public
  alert and warning systems and devices; and, be it further
         RESOLVED, That the legislature hereby respectfully urge the
  United States Congress, in performing the functions set forth
  above, to coordinate with all appropriate departments and agencies
  of all governments referenced in this resolution; and, be it
  further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the president of the Senate and the speaker of the House of
  Representatives of the United States Congress, to the majority and
  minority leaders of both houses, to the secretary of homeland
  security, and to all the members of the Texas delegation to Congress
  with the request that this resolution be entered in the
  Congressional Record as a memorial to the Congress of the United
  States of America.