BILL ANALYSIS

 

 

Senate Research Center	H.B. 3022
	By: Miller et al. (Kolkhorst)
	Intergovernmental Relations
	5/11/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There have been calls to make it easier for cities and counties to have residents opt in for a local emergency warning system. H.B. 3022 seeks to answer these calls by authorizing a person, when applying for an original or renewal driver's license, to consent to participate in a local emergency warning system and by authorizing cities and counties to contract with the Department of Public Safety of the State of Texas (DPS) for disclosure of the contact information of residents who consent to that disclosure for the purpose of participating.

 

This bill amends the Transportation Code to authorize a person, when applying for an original or renewal driver's license, to consent to participate in a local emergency warning system and to the disclosure by DPS of the person's contact information to the municipality or county, or both, in which the person resides for the purpose of participating in an emergency warning system operated by the municipality or county.

 

H.B. 3022 amends the Government Code to authorize a county or incorporated city, for purposes of operating an emergency warning system for its residents, to contract with DPS for disclosure by DPS of the contact information of a political subdivision resident who consents to the disclosure for the purpose of participating in the system.

 

H.B. 3022 amends current law relating to emergency warning systems operated by municipalities and counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter E, Chapter 418, Government Code, by adding Section 418.1103, as follows:

 

Sec. 418.1103. LOCAL EMERGENCY WARNING SYSTEM. (a) Defines "contact information" for purposes of this section.

 

(b) Authorizes a political subdivision, for purposes of operating an emergency warning system for residents of the political subdivision, to contract with the Department of Public Safety of the State of Texas (DPS) for disclosure by DPS of the contact information of a political subdivision resident who consents to the disclosure for the purpose of participating in the system.

 

(c) Authorizes a participant in an emergency warning system described by Subsection (b) to request removal from the system by submitting a written request, including a text message from a cellular telephone or other wireless communication device, for removal to the applicable political subdivision. Requires the applicable political subdivision, on receipt of the request, to remove the participant's contact information from the system and cease issuing emergency warnings to the former participant through the system.

 

SECTION 2. Amends Subchapter A, Chapter 521, Transportation Code, by adding Section 521.013, as follows:

 

Sec. 521.013. VOLUNTARY PARTICIPATION IN LOCAL EMERGENCY WARNING SYSTEM. (a) Defines "contact information" for purposes of this section.

 

(b) Authorizes a person, when the person applies for an original or renewal driver's license under this chapter, to consent to:

 

(1) participate in an emergency warning system described by Section 418.1103, Government Code; and

 

(2) the disclosure by DPS of the person's contact information to the municipality or county, or both, in which the person resides for the purpose of participating in an emergency warning system operated by the municipality or county.

 

(c) Requires DPS to include space on each application for an original or renewal driver's license that allows a person applying for an original or renewal driver's license to indicate whether the person consents to participate in an emergency warning system operated by the municipality or county, or both, in which the person resides and consents to disclosure by DPS of the person's contact information to the municipality or county or both.

 

(d) Requires DPS to disclose a person's contact information to a municipality or county for participation in an emergency warning system if:

 

(1) the person indicates the person's consent to participate in an emergency warning system and to the disclosure of the person's contact information under Subsection (b); and

 

(2) the applicable municipality or county:

 

(A) operates an emergency warning system; and

 

(B) has contracted with DPS for the disclosure of the person's contact information under Section 418.1103, Government Code.

 

(e) Prohibits contact information obtained by a municipality or county under this section from being used or disclosed for any purpose other than enrolling a person in an emergency warning system and issuing warnings to the person through the system.

 

SECTION 3. Effective date: September 1, 2019.