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A BILL TO BE ENTITLED
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AN ACT
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relating to communications by public service providers during a |
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disaster or an emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 418.047, Government Code, |
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is amended to read as follows: |
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Sec. 418.047. COMMUNICATIONS BY THE DIVISION DURING |
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DISASTER OR EMERGENCY. |
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SECTION 2. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Section 418.0471 to read as follows: |
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Sec. 418.0471. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS |
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DURING DISASTER OR EMERGENCY. (a) A public service provider may |
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use an emergency notification system to inform the provider's |
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customers, governmental agencies, and other affected persons with |
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messages providing: |
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(1) notice of a disaster or an emergency; and |
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(2) any actions a recipient is required to take during |
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a disaster or an emergency. |
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(b) The emergency notification system used by a public |
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service provider under this section must rely on a dynamic |
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information database that: |
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(1) is capable of simultaneous transmission of |
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emergency messages to all recipients through at least two industry |
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standard gateways to one or more telephones or electronic devices |
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owned by a recipient in a manner that does not negatively impact the |
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existing communication infrastructure; |
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(2) allows the public service provider to: |
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(A) store prewritten emergency messages in the |
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dynamic information database for subsequent use; and |
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(B) generate emergency messages in real time |
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based on provider inputs; |
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(3) allows a recipient to select the language in which |
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the recipient would prefer to receive messages; |
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(4) transmits the message in the recipient's language |
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of choice to that recipient; |
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(5) converts text messages to sound files and |
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transmits those sound files to the appropriate device; |
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(6) assigns recipients to priority groups for |
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notification; and |
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(7) allows for the collection and verification of |
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responses by recipients of emergency messages. |
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(c) The dynamic information database described by |
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Subsection (b) must comply with: |
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(1) the Telecommunications Service Priority program |
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established by the Federal Communications Commission; and |
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(2) Federal Information Processing Standard 140-2 |
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governing compliant cryptographic modules for encryption and |
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security issued by the National Institute of Standards and |
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Technology. |
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(d) A public service provider that uses an emergency |
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notification system described by this section is entitled to obtain |
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information that is confidential under Section 771.061, Health and |
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Safety Code, from a governmental entity providing 9-1-1 service to |
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the provider's customer. |
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(e) In this section: |
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(1) "Emergency" means a temporary, sudden, and |
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unforeseen occurrence that requires action by a public service |
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provider to inform, to correct, to protect lives or property, or to |
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temporarily reduce demand or allocate supply for the provider's |
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products or services to ensure public safety or preserve the |
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integrity of service delivery mechanisms. |
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(2) "Public service provider" means any person or |
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entity that furnishes essential products or services to the public |
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that are governed by the Natural Resources Code, Utilities Code, or |
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Water Code, including common carriers, telecommunications |
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companies, and any person or entity furnishing or producing heat, |
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light, power, or water. |
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SECTION 3. 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. |