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A BILL TO BE ENTITLED
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AN ACT
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relating to intelligence data standards and protected personal |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 421, Government Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. FUSION CENTERS IN GENERAL |
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Sec. 421.101. DEFINITION. In this subchapter, "noncriminal |
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information" means any data about persons, organizations, events, |
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incidents, or objects, regardless of the medium in which the |
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information exists, where no reasonable suspicion exists that a |
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criminal activity is occurring or is about to occur. |
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Sec. 421.102. COLLECTION OF CERTAIN INTELLIGENCE DATA AND |
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NONCRIMINAL INFORMATION PROHIBITED. A fusion center may not: |
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(1) review, collect, or maintain noncriminal |
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information or criminal intelligence data about the political, |
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religious, or social views, associations, military history, or |
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activities of any individual or any group, association, |
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corporation, business, partnership, or other organization unless |
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the information directly relates to criminal conduct or activity |
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and reasonable suspicion exists that the subject of the information |
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is or may be involved in criminal conduct or activity; or |
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(2) review, collect, or maintain protected health |
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information, biometric information, or personally identifiable |
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information unless the information directly relates to criminal |
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conduct or activity and reasonable suspicion exists that the |
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subject of the information is or may be involved in criminal conduct |
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or activity. |
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SECTION 2. Subchapter F, Chapter 421, Government Code, is |
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redesignated as Subchapter G, Chapter 421, Government Code, and |
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amended to read as follows: |
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SUBCHAPTER G [F]. GOVERNOR'S INTEROPERABLE RADIO COMMUNICATIONS |
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PROGRAM |
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Sec. 421.121 [421.095]. DEFINITIONS. In this subchapter: |
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(1) "First responder" means a public safety employee |
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or volunteer whose duties include responding rapidly to an |
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emergency. The term includes: |
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(A) a peace officer whose duties include |
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responding rapidly to an emergency; |
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(B) fire protection personnel under Section |
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419.021; |
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(C) a volunteer firefighter who is: |
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(i) certified by the Texas Commission on |
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Fire Protection or by the State Firemen's and Fire Marshalls' |
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Association of Texas; or |
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(ii) a member of an organized volunteer |
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fire-fighting unit as described by Section 615.003; and |
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(D) an individual certified as emergency medical |
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services personnel by the Department of State Health Services. |
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(2) "Infrastructure equipment" means the underlying |
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permanent equipment required to establish interoperable |
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communication between radio systems used by local, state, and |
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federal agencies and first responders. |
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Sec. 421.122 [421.096]. INTEROPERABILITY OF RADIO SYSTEMS. |
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The office of the governor shall: |
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(1) develop and administer a strategic plan to design |
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and implement a statewide integrated public safety radio |
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communications system that promotes interoperability within and |
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between local, state, and federal agencies and first responders; |
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(2) develop and administer a plan in accordance with |
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Subdivision (1) to purchase infrastructure equipment for state and |
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local agencies and first responders; |
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(3) advise representatives of entities in this state |
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that are involved in homeland security activities with respect to |
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interoperability; and |
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(4) use appropriated money, including money from |
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relevant federal homeland security grants, for the purposes of |
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designing, implementing, and maintaining a statewide integrated |
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public safety radio communications system. |
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Sec. 421.123 [421.097]. ASSISTANCE. The office of the |
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governor may consult with a representative of an entity described |
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by Section 421.122(3) [421.096(3)] to obtain assistance or |
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information necessary for the performance of any duty under this |
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subchapter. |
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Sec. 421.124 [421.098]. REPORT. Not later than September 1 |
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of each year, the office of the governor shall provide to the |
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legislature a report on the status of its duties under this |
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subchapter. |
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SECTION 3. Section 74.151(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who in good faith administers emergency care is |
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not liable in civil damages for an act performed during the |
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emergency unless the act is wilfully or wantonly negligent, |
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including a person who: |
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(1) administers emergency care using an automated |
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external defibrillator; or |
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(2) administers emergency care as a volunteer who is a |
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first responder as the term is defined under Section 421.121 |
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[421.095], Government Code. |
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SECTION 4. 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. |