BILL ANALYSIS

H.B. 149

By: Louderback

Disaster Preparedness & Flooding, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Testimony in the House Select Committee on Disaster Preparedness & Flooding has highlighted the lack of interoperability among public safety radio communication systems used across jurisdictions in Texas. The bill author has informed the committee that radio interoperability issues can hamper the ability of first responders to communicate with each other during disasters. The bill author has also informed the committee that local governments currently have the authority to acquire the radio equipment of their choosing without any legal mechanism authorizing the governor to prevent an acquisition that would significantly impair radio interoperability. H.B. 149 seeks to address this issue by authorizing the governor's office to establish standards for determining whether a potential purchase of a radio system by a political subdivision would materially impair regional interoperability among radio systems used by other governmental entities in the region of the political subdivision proposing the purchase.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the governor in SECTION 1 of this bill.

ANALYSIS

H.B. 149 amends the Local Government Code to require the governor by rule to establish standards for determining whether the purchase and use of a public safety radio communication system by a political subdivision would materially impair interoperability among public safety radio communication systems used by other governmental entities in the region of the political subdivision proposing the purchase. These standards must:

· include minimum technical specifications that the system must meet;

· be based on the strategic plan designed and implemented under statutory provisions relating to the governor's interoperable ratio communications program; and

· contain limitations on the use of burdensome procedures to achieve interoperability among systems.

H.B. 149 prohibits a political subdivision from purchasing a public safety radio communication system unless the governor reviews and approves the proposed purchase as provided by the bill. The bill authorizes a political subdivision, in the form and manner prescribed by the governor by rule, to request that the governor conduct a review of a proposed purchase of a public safety radio communication system. The bill requires the governor to conduct such a review and, not later than the 90th day after the date on which the governor received the request, to do one of the following in writing:

· approve the request;

· summarily deny the request; or

· conditionally deny the request, specify the deficient standards and other criteria on which the denial was based, and provide corrective measures by which the political subdivision may alter the proposal in order to obtain approval.

The bill requires the governor to approve a proposed purchase only if the proposed purchase and use of the system does not materially impair the interoperability among public safety radio communication systems used by other governmental entities in the region of the political subdivision proposing the purchase, in accordance with the standards established by the governor under the bill's provisions. The governor must deny a proposed purchase if the proposed purchase and use of the system materially impairs the interoperability among public safety radio communication systems used by other governmental entities in the region of the political subdivision proposing the purchase. The bill authorizes a political subdivision, after a summary denial of a proposed purchase request by the political subdivision, to request the governor to specify in writing the deficient standards and provide corrective measures as described by these provisions and requires the governor to do so if requested. The bill requires the governor by rule to provide procedures for appealing a denial under these provisions.

H.B. 149 defines "public safety radio communication system" for purposes of the bill as a radio communication system, including infrastructure, equipment, software, and other similar products as the governor determines necessary, that is used by a governmental entity in public safety operations, such as law enforcement, fire protection, emergency medical services, and disaster response and recovery.

H.B. 149 requires the governor, not later than August 1, 2026, to adopt the rules required by the bill's provisions.

H.B. 149 applies only to the purchase of a public safety radio communication system by a political subdivision that occurs on or after August 1, 2026.

EFFECTIVE DATE

91st day after the last day of the legislative session.