82R9872 KEL-D

By: Watson S.B. No. 1572

A BILL TO BE ENTITLED

AN ACT

relating to intelligence data standards and protected personal information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 421, Government Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. FUSION CENTERS IN GENERAL

Sec. 421.101. DEFINITION. In this subchapter, "noncriminal information" means any data about persons, organizations, events, incidents, or objects, regardless of the medium in which the information exists, where no reasonable suspicion exists that a criminal activity is occurring or is about to occur.

Sec. 421.102. COLLECTION OF CERTAIN INTELLIGENCE DATA AND NONCRIMINAL INFORMATION PROHIBITED. A fusion center may not:

(1) review, collect, or maintain noncriminal information or criminal intelligence data about the political, religious, or social views, associations, military history, or activities of any individual or any group, association, corporation, business, partnership, or other organization unless the information directly relates to criminal conduct or activity and reasonable suspicion exists that the subject of the information is or may be involved in criminal conduct or activity; or

(2) review, collect, or maintain protected health information, biometric information, or personally identifiable information unless the information directly relates to criminal conduct or activity and reasonable suspicion exists that the subject of the information is or may be involved in criminal conduct or activity.

SECTION 2. Subchapter F, Chapter 421, Government Code, is redesignated as Subchapter G, Chapter 421, Government Code, and amended to read as follows:

SUBCHAPTER G [F]. GOVERNOR'S INTEROPERABLE RADIO COMMUNICATIONS

PROGRAM

Sec. 421.121 [421.095]. DEFINITIONS. In this subchapter:

(1) "First responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency. The term includes:

(A) a peace officer whose duties include responding rapidly to an emergency;

(B) fire protection personnel under Section 419.021;

(C) a volunteer firefighter who is:

(i) certified by the Texas Commission on Fire Protection or by the State Firemen's and Fire Marshalls' Association of Texas; or

(ii) a member of an organized volunteer fire-fighting unit as described by Section 615.003; and

(D) an individual certified as emergency medical services personnel by the Department of State Health Services.

(2) "Infrastructure equipment" means the underlying permanent equipment required to establish interoperable communication between radio systems used by local, state, and federal agencies and first responders.

Sec. 421.122 [421.096]. INTEROPERABILITY OF RADIO SYSTEMS. The office of the governor shall:

(1) develop and administer a strategic plan to design and implement a statewide integrated public safety radio communications system that promotes interoperability within and between local, state, and federal agencies and first responders;

(2) develop and administer a plan in accordance with Subdivision (1) to purchase infrastructure equipment for state and local agencies and first responders;

(3) advise representatives of entities in this state that are involved in homeland security activities with respect to interoperability; and

(4) use appropriated money, including money from relevant federal homeland security grants, for the purposes of designing, implementing, and maintaining a statewide integrated public safety radio communications system.

Sec. 421.123 [421.097]. ASSISTANCE. The office of the governor may consult with a representative of an entity described by Section 421.122(3) [421.096(3)] to obtain assistance or information necessary for the performance of any duty under this subchapter.

Sec. 421.124 [421.098]. REPORT. Not later than September 1 of each year, the office of the governor shall provide to the legislature a report on the status of its duties under this subchapter.

SECTION 3. Section 74.151(a), Civil Practice and Remedies Code, is amended to read as follows:

(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who:

(1) administers emergency care using an automated external defibrillator; or

(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.121 [421.095], Government Code.

SECTION 4. 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.