BILL ANALYSIS

S.B. 1394

By: Estes

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law requires that a statewide critical infrastructure protection strategy be developed and reported annually to the governor.  Examples of critical infrastructure include dams, water treatment systems, and nuclear reactors.  The high-level strategies for the protection of critical infrastructure are already incorporated into the overall state homeland security strategy, making the statewide critical infrastructure protection strategy a duplicative plan.  Including further specifics on the security measures at these important facilities in a dedicated, unclassified critical infrastructure protection strategy could potentially make them more vulnerable.

This bill removes the requirement for a statewide critical infrastructure protection plan developed by the Homeland Security Council.

As proposed, S.B. 1394 amends current law relating to the statewide critical infrastructure protection strategy.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

SECTION 1.  Amends Section 421.024, Government Code, as follows:

Sec. 421.024.  DUTIES.  Requires the homeland security council (council) to advise the governor on the implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy, and other matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.  Deletes existing text requiring the council to advise the governor on the development and coordination of a statewide critical infrastructure protection strategy.  Makes nonsubstantive changes.   

SECTION 2.  Amends Section 421.026, Government Code, as follows:

Sec. 421.026.  REPORT.  Deletes existing text requiring the council annually to submit to the governor a report stating the council's progress in developing and coordinating a statewide critical infrastructure protection strategy.  Makes nonsubstantive changes.

SECTION 3.  Amends Section 421.045, Government Code, as follows:

Sec. 421.045.  DUTIES.  Deletes existing text requiring each permanent special advisory committee created under this subchapter (Permanent Special Advisory Committees) to advise the governor on the development and coordination of a statewide critical infrastructure protection strategy.  Makes nonsubstantive changes. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2013.