89S10419 JCG-F

By: McLaughlin H.B. No. 182

A BILL TO BE ENTITLED

AN ACT

relating to creating the Texas Flash Flood Alley Interoperability Council and a grant program administered by the council.

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

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

SUBCHAPTER G. TEXAS FLASH FLOOD ALLEY INTEROPERABILITY COUNCIL;

GRANT PROGRAM

Sec. 421.121. DEFINITIONS. In this subchapter:

(1) "Council" means the Texas Flash Flood Alley Interoperability Council established under this subchapter.

(2) "Division" means the Texas Division of Emergency Management.

(3) "First responder" means:

(A) a peace officer, as defined by Section 1701.001, Occupations Code;

(B) fire protection personnel, as defined by Section 419.021, Government Code; and

(C) an individual certified as emergency medical services personnel by the Department of State Health Services under Chapter 773, Health and Safety Code.

(4) "Local government" means a municipality, a county, a special district or authority, or any other political subdivision of this state that is located, wholly or partly, in or adjacent to the geographic area known as the Balcones Fault Zone.

Sec. 421.122. TEXAS FLASH FLOOD ALLEY INTEROPERABILITY COUNCIL. (a) The Texas Flash Flood Alley Interoperability Council is established to:

(1) develop and coordinate the implementation of a strategic plan for governing the interoperability of emergency communication equipment and infrastructure in the Balcones Fault Zone, develop and implement, as advisable, emergency alert systems, and incorporate as necessary communication technologies into the emergency communications network in the Balcones Fault Zone;

(2) develop and coordinate, in consultation with the Texas Division of Emergency Management, the implementation of a cohesive emergency management plan for responding to major flooding events in the Balcones Fault Zone, including guidelines on cooperation among first responders when responding to those events; and

(3) administer a grant program to assist local governments with acquiring emergency communication equipment that is interoperable with other emergency communication equipment and infrastructure in the Balcones Fault Zone and with constructing additional emergency communication infrastructure to ensure that the first responders of local governments have access to equipment and infrastructure that is interoperable to the extent necessary to effectively communicate during an emergency.

(b) The council is composed of the chief of the division and six members appointed as follows:

(1) two members appointed by the governor;

(2) two members appointed by the lieutenant governor; and

(3) two members appointed by the speaker of the house of representatives.

(c) Appointed council members serve staggered terms of six years, with the terms of two members expiring September 1 of each odd-numbered year.

(d) A majority of the voting members of the council constitutes a quorum to transact business. If a quorum is present, the council may act on any matter within the council's jurisdiction by a majority vote.

(e) The chief of the division serves as the council's presiding officer.

Sec. 421.123. MEETINGS. The council shall meet as often as necessary at the call of the presiding officer to perform the council's duties.

Sec. 421.124. APPLICABILITY OF OTHER LAW TO COUNCIL. (a) Chapters 551 and 2001 do not apply to the council.

(b) Information held by the council is excepted from required public disclosure under Chapter 552.

Sec. 421.125. STRATEGIC PLAN. (a) The council, in collaboration with any state agency or private entity as the council determines appropriate, shall develop a strategic plan to govern:

(1) the interoperability of emergency communication equipment and infrastructure in the Balcones Fault Zone; and

(2) cooperation among the first responders of local governments when responding to a major flooding event in the Balcones Fault Zone.

(b) The strategic plan must include:

(1) a plan for the construction of communication infrastructure necessary to ensure effective emergency communications among first responders, including the acquisition of land as necessary for construction;

(2) training programs necessary to ensure that state agencies and local governments have the skills and resources necessary to access and effectively use the emergency communication equipment and infrastructure available in this state;

(3) a plan to ensure that first responders throughout the Balcones Fault Zone are equipped with emergency communication equipment that is interoperable with other emergency communication equipment in this state;

(4) a plan to ensure that any new emergency communication equipment and infrastructure acquired or constructed under the plan can be adapted to or integrated with any existing emergency communication equipment and infrastructure;

(5) a plan for testing, as practicable, the functionality and interoperability of emergency communication equipment under circumstances that simulate a disaster response, including a response to a major flooding event; and

(6) a plan to encourage cooperation among local governments and the first responders of those local governments that are responsible for responding to disasters, including major flooding events.

(c) The council shall consider including in the strategic plan under Subsection (b):

(1) the use of outdoor warning sirens;

(2) implementing an emergency alert system that alerts the public of evacuation recommendations or orders related to floods and other disasters and that has the capability of alerting persons in an affected geographic area through messages sent to those persons' communication devices; and

(3) the use of broadband service as part of the emergency communications network in the Balcones Fault Zone.

Sec. 421.126. IMPLEMENTATION OF PLAN; NETWORK COORDINATION. The council, in collaboration with state agencies as needed, shall implement the strategic plan developed under Section 421.125 and coordinate the emergency communications network of this state to ensure interoperability for first responders.

Sec. 421.127. GRANT PROGRAM. (a) The council shall establish a grant program to provide grants to local governments for the purchase of emergency communication equipment and infrastructure, the construction of emergency communication infrastructure, and the expenses of training employees of the local government for the effective use of the equipment during an emergency.

(b) To be eligible for a grant under the grant program, an applicant must be a local government, submit a proposal to the council, and comply with the rules established by the council for the administration of the grant program.

(c) The council shall establish procedures to administer the grant program, including:

(1) eligibility criteria for a grant recipient;

(2) guidelines relating to grant amounts; and

(3) procedures for submitting and evaluating proposals.

(d) The council shall enter into a contract that includes performance requirements with each grant recipient. The council shall monitor and enforce the terms of the contract.

(e) The council shall require as a condition of a grant awarded under this section that the emergency management director, or an officer with equivalent duties, annually organize a meeting with the first responders of nearby local governments and a representative of the division regarding the grant recipient's emergency management plan. The meeting must include a discussion and analysis of the logistics of implementing the grant recipient's emergency management plan during a major flooding event and other disasters and implementing the plan in areas especially vulnerable to adverse weather conditions. The meeting organized under this subsection is not subject to Chapter 551, and the information obtained or discussed during the meeting is excepted from required public disclosure under Chapter 552.

(f) The council may require as a condition of a grant awarded under this section that:

(1) the officers or employees of the recipient successfully complete one or more training programs, as determined by the council, which may include incident command system training; and

(2) the recipient adopt standardized procedures for incident command or management.

(g) The council may delegate to a state agency the administration of the grant program.

Sec. 421.128. USES OF GRANT MONEY. Money awarded under the grant program may be used only to:

(1) purchase emergency communication equipment, including radios, spare parts, and accessories, for use by first responders that is interoperable with the other emergency communication equipment and infrastructure in this state or enables interoperability;

(2) construct emergency communication infrastructure, including radio towers, that is interoperable with the other emergency communication equipment and infrastructure in this state or enables interoperability, including the acquisition of land necessary for the construction;

(3) cover the cost of adapting existing emergency communication equipment or infrastructure to, or otherwise integrating the equipment or infrastructure with, new emergency communication equipment purchased or infrastructure constructed;

(4) cover the operational or maintenance cost of the equipment or infrastructure described by Subdivision (1), (2), or (3); or

(5) cover the cost of providing to first responders, or having first responders attend, training on the effective use of the equipment and infrastructure described by Subdivisions (1), (2), and (3).

Sec. 421.129. GRANT PROGRAM FUNDING. The council may use any available funds to implement the grant program.

Sec. 421.130. GIFTS, GRANTS, AND DONATIONS. The council may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the purpose of implementing this subchapter.

Sec. 421.131. RULES. The division may adopt rules to administer this subchapter.

SECTION 2. As soon as practicable after the effective date of this Act, the governor, lieutenant governor, and speaker of the house of representatives shall appoint members to the Texas Flash Flood Alley Interoperability Council, as required by Section 421.122, Government Code, as added by this Act, in the manner required by that section, as follows:

(1) the governor shall appoint two council members to a term expiring September 1, 2027;

(2) the lieutenant governor shall appoint two council members to a term expiring September 1, 2029; and

(3) the speaker of the house of representatives shall appoint two council members to a term expiring September 1, 2031.

SECTION 3. 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 on the 91st day after the last day of the legislative session.