BILL ANALYSIS

C.S.H.B. 4341

By: McLaughlin

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that when first responders arrive at a scene, it is often their first time physically at the location, making their ability to effectively navigate the area crucial in situations of life and death. Detailed critical infrastructure maps that highlight the location, condition, and operational status of critical infrastructure can prove to be useful tools in managing these efforts, as they allow emergency responders to quickly assess a situation and make informed decisions that prioritize the protection and restoration of essential services. The bill author has further informed the committee that, as technological advancements such as Geographic Information Systems, satellite imaging, and real-time data integration evolve, there is a growing opportunity to improve the mapping and monitoring of critical infrastructure. C.S.H.B. 4341 seeks to address these gaps by establishing standards for the creation, updating, and accessibility of critical infrastructure maps by requiring critical infrastructure facilities to provide standardized, detailed emergency response maps to the Department of Public Safety and local public safety entities and by establishing a grant program to assist facilities with compliance.

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 Department of Public Safety in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4341 amends the Government Code to require each critical infrastructure facility that is a public or private airport depicted in any current aeronautical chart published by the Federal Aviation Administration (FAA) or that is a military installation owned or operated by or for the federal government, the state, or another governmental entity to provide to the Department of Public Safety (DPS) and appropriate public safety agencies an accurate emergency response map of the facility that is developed in accordance with the standards established by the bill and an opportunity to tour the facility using that map to verify its accuracy. The bill requires the map to do the following:

· include:

o an accurate floor plan overlaid on current, verified aerial imagery of the facility and its surrounding land;

o a site-specific label for each building of the facility;

o a label for each room, named hallway, and external door or stairwell number; and

o the location of each known hazard, critical utility, key box, automated external defibrillator, and trauma kit;

· conform to, integrate with, and be accessible by software used by DPS, entities operating a local public safety answering point, or appropriate public safety agencies without imposing a fee or requiring the purchase of additional software to access the map and associated data;

· be in a format capable of being printed, shared electronically, or integrated into an interactive software application; and

· be in a format easily modified or updated.

The bill authorizes an applicable critical infrastructure facility to provide an emergency response map only to DPS and appropriate public safety agencies for purposes of developing a verified source of critical infrastructure mapping data in Texas and ensuring efficient emergency response for the facility. The bill prohibits an applicable critical infrastructure facility from providing or making available to the public an emergency response map.

C.S.H.B. 4341 requires DPS, as soon as practicable after the bill's effective date, to establish a grant program to provide mapping services for the applicable critical infrastructure facilities to develop the required emergency response maps, and requires DPS to administer the program. The bill restricts the use of a grant awarded under the bill's provisions to obtaining mapping services for an applicable critical infrastructure facility to provide such maps. The bill requires a mapping service provider who is a recipient of grant money to provide an emergency response map to the critical infrastructure facility, DPS, and appropriate public safety agencies. The provider may only charge a fee for the initial production cost for the map.

C.S.H.B. 4341 requires DPS to adopt rules to administer the grant program, including eligibility standards and procedures for applying for a grant, and authorizes DPS to award a grant only in accordance with a contract between DPS and a grant recipient. The bill requires the contract to include provisions under which DPS is granted sufficient control to ensure the public purpose of providing emergency response mapping services to the applicable critical infrastructure facilities is accomplished and the state receives a return benefit.

C.S.H.B. 4341 establishes the critical infrastructure emergency response map fund as a dedicated account in the general revenue fund administered by DPS that consists of the following:

· legislative appropriations of money to DPS for deposit to the credit of the fund for purposes of the bill's provisions;

· any revenue that by law is dedicated for deposit to the fund;

· interest or other earnings on money credited to or allocable to the fund; and

· gifts, grants, including federal grants, or donations received by DPS for the fund.

The bill restricts the appropriation of money in the fund to DPS to administer the grant program and award grants under the bill's provisions.

C.S.H.B. 4341 defines the following terms by reference:

· "public safety agency" as the division of a public agency that provides fire-fighting, police, medical, or other emergency services, or a private entity that provides emergency medical or ambulance services; and

· "public safety answering point" as a continuously operated communications facility that is assigned the responsibility to receive 9-1-1 calls and, as appropriate, to dispatch public safety services or to extend, transfer, or relay 9-1-1 calls to appropriate public safety agencies.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4341 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision absent from the introduced making the bill's provisions applicable to a critical infrastructure facility that is a public or private airport depicted in any current aeronautical chart published by the FAA or a military installation owned or operated by or for the federal government, the state, or another governmental entity.