84R12817 GRM-D

By: Hall S.B. No. 1398

A BILL TO BE ENTITLED

AN ACT

relating to protection of critical infrastructure from electromagnetic, geomagnetic, terrorist, and cyber-attack threats.

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

SECTION 1. Chapter 418, Government Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. ELECTROMAGNETIC THREAT PREPAREDNESS

Sec. 418.201. (a) A technological hazards unit of the division shall:

(1) implement a program to develop technical expertise in the protection of the electric transmission and distribution system against electromagnetic, geomagnetic, and cyber-attack threats;

(2) identify and develop technical and electronic resources to assist the unit in the unit's functions;

(3) implement a program to educate owners and operators of critical infrastructure and vital utility facilities and emergency responders about electromagnetic, geomagnetic, and cyber-attack threats;

(4) determine critical infrastructure and vital utility facilities that are at risk from electromagnetic, geomagnetic, and cyber-attack threats;

(5) evaluate emergency planning and response technologies related to electromagnetic, geomagnetic, and cyber-attack threats;

(6) evaluate technologies available to improve the resiliency of critical infrastructure and vital utility facilities against electromagnetic, geomagnetic, or cyber-attack threats;

(7) evaluate the capabilities of critical infrastructure and vital utility facilities to recover from electromagnetic, geomagnetic, or cyber-attack threats; and

(8) develop a comprehensive plan to protect the critical infrastructure and vital utility facilities of this state against electromagnetic, geomagnetic, terrorist, and cyber-attack threats.

(b) The division shall implement the comprehensive plan to protect the critical infrastructure and vital utility facilities of this state against electromagnetic, geomagnetic, terrorist, and cyber-attack threats.

(c) The governor may instruct an agency to take actions as are necessary to implement the comprehensive plan.

(d) The governor shall develop a cost recovery mechanism for utilities that incur costs for measures taken to protect the critical infrastructure of this state against, and prepare the infrastructure for, electromagnetic, geomagnetic, terrorist, and cyber-attack threats.

SECTION 2. 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, 2015.