2011S0551-1 03/02/11
 
  By: Carona S.B. No. 1238
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to communications by public service providers during a
  disaster or an emergency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 418.047, Government Code,
  is amended to read as follows:
         Sec. 418.047.  COMMUNICATIONS BY THE DIVISION DURING
  DISASTER OR EMERGENCY.
         SECTION 2.  Subchapter C, Chapter 418, Government Code, is
  amended by adding Section 418.0471 to read as follows:
         Sec. 418.0471.  COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS
  DURING DISASTER OR EMERGENCY.  (a)  A public service provider may
  use an emergency notification system to inform the provider's
  customers, governmental agencies, and other affected persons with
  messages providing:
               (1)  notice of a disaster or an emergency; and
               (2)  any actions a recipient is required to take during
  a disaster or an emergency.
         (b)  The emergency notification system used by a public
  service provider under this section must rely on a dynamic
  information database that:
               (1)  is capable of simultaneous transmission of
  emergency messages to all recipients through at least two industry
  standard gateways to one or more telephones or electronic devices
  owned by a recipient in a manner that does not negatively impact the
  existing communication infrastructure;
               (2)  allows the public service provider to:
                     (A)  store prewritten emergency messages in the
  dynamic information database for subsequent use; and
                     (B)  generate emergency messages in real time
  based on provider inputs;
               (3)  allows a recipient to select the language in which
  the recipient would prefer to receive messages;
               (4)  transmits the message in the recipient's language
  of choice to that recipient;
               (5)  converts text messages to sound files and
  transmits those sound files to the appropriate device;
               (6)  assigns recipients to priority groups for
  notification; and
               (7)  allows for the collection and verification of
  responses by recipients of emergency messages.
         (c)  The dynamic information database described by
  Subsection (b) must comply with:
               (1)  the Telecommunications Service Priority program
  established by the Federal Communications Commission; and
               (2)  Federal Information Processing Standard 140-2
  governing compliant cryptographic modules for encryption and
  security issued by the National Institute of Standards and
  Technology.
         (d)  A public service provider that uses an emergency
  notification system described by this section is entitled to obtain
  information that is confidential under Section 771.061, Health and
  Safety Code, from a governmental entity providing 9-1-1 service to
  the provider's customer.
         (e)  In this section:
               (1)  "Emergency" means a temporary, sudden, and
  unforeseen occurrence that requires action by a public service
  provider to inform, to correct, to protect lives or property, or to
  temporarily reduce demand or allocate supply for the provider's
  products or services to ensure public safety or preserve the
  integrity of service delivery mechanisms.
               (2)  "Public service provider" means any person or
  entity that furnishes essential products or services to the public
  that are governed by the Natural Resources Code, Utilities Code, or
  Water Code, including common carriers, telecommunications
  companies, and any person or entity furnishing or producing heat,
  light, power, or water.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.