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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the governor over certain |
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interoperable communications system procurements by a political |
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subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 421, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER F. GOVERNOR POWERS AND RESPONSIBILITIES RELATED |
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TO INTEROPERABLE COMMUNICATIONS [GOVERNOR'S INTEROPERABLE RADIO |
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COMMUNICATIONS PROGRAM] |
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SECTION 2. Sec. 421.096, Government Code, is amended to |
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read as follows: |
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Sec. 421.096. INTEROPERABILITY OF RADIO SYSTEMS. The |
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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) implement procurement standards and procedures |
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required by Sec. 421.0965; and |
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(5) [(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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SECTION 3. Subchapter F, Chapter 421, Government Code, is |
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amended by adding Sec. 421.0965 to read as follows: |
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Sec. 421.0965. GOVERNOR INTEROPERABILITY REVIEW OF LOCAL |
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PROCUREMENT. (a) A political subdivision of this state may not |
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obligate funds or enter into a contract for the acquisition of a |
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public safety radio communications system, including |
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infrastructure, equipment, or software, unless the proposed |
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acquisition is submitted to the office of the governor for an |
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interoperability review under this section. |
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(b) The office of the governor shall review each proposed |
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procurement of communications system to determine: |
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(1) whether the proposal implements recommendations |
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described by Sec. 421.096 to promote interoperability; |
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(2) whether the proposal materially impairs |
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interoperability with adjacent or regional public safety |
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communications systems; and |
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(3) whether the proposed procurement meets the |
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technical standards necessary to ensure interoperability with |
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adjacent or regional public safety communications systems. |
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(c) The office of the governor shall issue a determination |
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to a political subdivision not later than 90 days whether the |
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proposed acquisition is: |
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(1) approved; |
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(2) denied; or |
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(3) temporarily suspended subject to remediation |
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under Subsection (e). |
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(d) If the office of the governor determines that the |
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proposed system would materially impair interoperability, the |
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governor shall issue a written determination prohibiting the |
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political subdivision from proceeding with the procurement. |
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(e) If the office of the governor determines that a proposed |
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procurement may impact regional interoperability, the governor may |
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temporarily suspend the procurement. A temporary suspension under |
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this section must: |
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(1) specify reasons and criteria used for the |
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suspension determination; and |
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(2) provide for specific remediation measures to |
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correct deficiencies. |
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(f) The office of the governor shall provide procedures for |
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appeal of a determination under Subsection (c)(2) or (3). |
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(g) The office of the governor shall adopt rules necessary |
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to implement this section. Rules adopted under this section must |
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establish: |
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(1) processes for submitting proposed procurements |
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for review; |
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(2) criteria for evaluating impacts to adjacent or |
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regional interoperability; |
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(3) remediation measures required by Sec. |
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421.0965(c)(3); and |
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(4) procedures for appeal of a determination. |
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SECTION 4. Not later than August 1, 2026, the governor shall |
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adopt rules required by Sec. 421.0965, Government Code. |
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SECTION 5. This Act applies only to a procurement initiated |
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on or after the effective date of this Act. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |