88R2646 DIO-D
 
  By: Raymond H.B. No. 4895
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the emergency coordination of advanced communications
  service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 2, Utilities Code, is amended
  by adding Chapter 67 to read as follows:
  CHAPTER 67. EMERGENCY COORDINATION OF ADVANCED COMMUNICATIONS
  SERVICE
         Sec. 67.0101.  DEFINITION. In this chapter, "advanced
  communications service" means: 
               (1)  interconnected Voice over Internet Protocol
  service, such as home telephone service provided by an Internet
  service provider;
               (2)  non-interconnected Voice over Internet Protocol
  service, such as using a computer to engage in voice communication
  over the Internet;
               (3)  electronic messaging service, such as text
  messaging, instant messaging, or e-mail; or
               (4)  interoperable videoconferencing service.
         Sec. 67.0102.  POWER TO REGULATE AND SUPERVISE. (a) The
  commission has authority to regulate and supervise a provider of
  advanced communications service for the purposes of this chapter.
         (b)  This chapter does not grant the commission authority to
  regulate and supervise a provider of advanced communications
  service for a purpose other than the purposes of this chapter.
         Sec. 67.0103.  EMERGENCY COORDINATION. (a) The commission
  by rule shall provide for coordination among providers of advanced
  communications service during times of emergency, including
  requiring providers of wireless advanced communications service to
  have in place reasonable roaming and peering agreements for times
  of emergency that can be employed without additional negotiation.
         (b)  The commission shall distribute a set of recommended
  best practices on how providers of advanced communications service
  and providers of electricity service should coordinate in order to
  ensure that advanced communications service remains operational
  during times of emergency and load shedding events.
         (c)  The commission shall:
               (1)  establish a process by which providers of advanced
  communications service and providers of electricity service share
  information regarding infrastructure that is used in the provision
  of advanced communications service to facilitate prioritizing the
  restoration of power to critical parts of advanced communications
  service networks necessary for emergency response and restoration
  efforts in a manner that promotes the most efficient and effective
  use of resources during times of emergency and load shedding
  events;
               (2)  ensure that providers of advanced communications
  service take reasonable and technically feasible measures to
  integrate backup power, including generators and batteries, into
  advanced communications service networks to continue the provision
  of advanced communications service during and following times of
  emergency and during load shedding events, with particular focus on
  consumers' ability to send and receive emergency communications;
  and
               (3)  take all necessary, reasonable measures to ensure
  appropriate coordination, including at incident command centers
  established during times of emergency, between providers of
  electricity service and providers of advanced communications
  service and, where appropriate, state and local representatives to
  ensure the providers:
                     (A)  are aware of where infrastructure used in the
  provision of advanced communications service is located to avoid
  inadvertently damaging such infrastructure and delaying
  restoration of advanced communications service during and
  following times of emergency and load shedding events;
                     (B)  communicate with each other on a regular and
  ongoing basis regarding the progress of network restoration during
  and following times of emergency and load shedding events; and
                     (C)  are aware of their respective restoration
  plans, priorities, and critical sites in advance of any emergency
  and during and following times of emergency and load shedding
  events.
         SECTION 2.  This Act takes effect September 1, 2023.