Bill Text: TX HB12 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to a study on a statewide disaster alert system and implementation of that system and to notice to elected officials of a widespread power, water, or natural gas outage or emergency.
Spectrum: Slight Partisan Bill (Republican 27-13)
Status: (Engrossed - Dead) 2021-05-03 - Left pending in committee [HB12 Detail]
Download: Texas-2021-HB12-Engrossed.html
By: Raymond, Paddie, Hernandez, Bonnen, | H.B. No. 12 | |
Button, et al. |
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relating to a study on a statewide disaster alert system and | ||
implementation of that system and to notice to elected officials of | ||
a widespread power, water, or natural gas outage or emergency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 418, Government Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM | ||
Sec. 418.301. DEFINITIONS. In this subchapter: | ||
(1) "Alert system" means the standardized statewide | ||
disaster alert system described by this subchapter. | ||
(2) "Commission" means the Public Utility Commission | ||
of Texas. | ||
(3) "Disaster" has the meaning assigned by Section | ||
418.004 and includes a widespread power outage lasting longer than | ||
24 hours. | ||
(4) "ERCOT" has the meaning assigned by Section | ||
31.002, Utilities Code. | ||
(5) "ERCOT organization" means the independent | ||
organization certified under Section 39.151, Utilities Code, for | ||
the ERCOT power region. | ||
(6) "Public utility" means an entity that generates, | ||
transmits, or distributes electric energy to the public, including | ||
an electric cooperative, an electric utility, a municipally owned | ||
utility, or a river authority. | ||
Sec. 418.3015. STUDY ON STATEWIDE DISASTER ALERT SYSTEM. | ||
(a) The division shall conduct a study on the efficacy of existing | ||
mass notification deployments by local governmental entities | ||
throughout this state and the feasibility of establishing a | ||
statewide disaster alert system. The study must: | ||
(1) identify the costs to local governmental entities | ||
associated with existing local disaster alert or notification | ||
systems; | ||
(2) examine the potential benefits to local | ||
governmental entities of implementing an alert system in | ||
coordination with this state, including: | ||
(A) improving this state's ability to coordinate | ||
state and local responses to disasters; and | ||
(B) eliminating barriers to successful mass | ||
notification and communication encountered by local governmental | ||
entities during disasters; | ||
(3) examine the importance of a local governmental | ||
entity's discretion regarding the entity's level and manner of | ||
participation in the alert system; | ||
(4) examine potential costs to local governmental | ||
entities or this state associated with implementing the alert | ||
system; | ||
(5) examine the ability of local governmental entities | ||
to communicate with the ERCOT organization, the commission, and | ||
public utilities that serve the jurisdictions of the local | ||
governmental entities and make recommendations on methods to | ||
improve communication and coordination between local governmental | ||
entities, the ERCOT organization, the commission, and public | ||
utilities that serve the jurisdictions of the local governmental | ||
entities, if necessary; and | ||
(6) identify any state or local governmental entity | ||
actions necessary to implement a comprehensive alert system | ||
designed to communicate information about disasters, including an | ||
extended and widespread power outage. | ||
(b) On request of the division, the ERCOT organization, the | ||
commission, and any public utility shall provide information | ||
necessary to evaluate the implementation of a comprehensive alert | ||
system. Information provided to the division under this subsection | ||
is confidential and not subject to disclosure under Chapter 552. | ||
(c) Not later than March 1, 2022, the division shall prepare | ||
and submit to the governor, the lieutenant governor, and the | ||
legislature a report on the findings of the study. | ||
(d) This section expires September 1, 2027. | ||
Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The | ||
division, with the cooperation of the office of the governor, the | ||
commission, and the ERCOT organization, shall develop and implement | ||
a statewide disaster alert system to activate in the event of a | ||
disaster affecting any location in this state. | ||
(a-1) An alert system developed under this subchapter must | ||
be based on the findings of the study conducted under Section | ||
418.3015. This subsection expires September 1, 2027. | ||
(b) A local governmental entity may use available local | ||
funds for the purpose of participating in an alert system | ||
implemented under this subchapter and may contract with the | ||
department for services associated with the alert system. A local | ||
governmental entity is not required to use local funds to assist a | ||
public utility with participating in the alert system. | ||
(c) Each local governmental entity and public utility in | ||
this state shall participate in an alert system implemented under | ||
this subchapter. | ||
(d) An alert system implemented under this subchapter shall | ||
be: | ||
(1) operated in conjunction with any other emergency | ||
alert system required by federal or state law; and | ||
(2) designed to notify persons statewide of a disaster | ||
affecting any location in this state. | ||
(e) An alert system implemented under this subchapter and | ||
designed to communicate information about an extended and | ||
widespread power outage must apply to areas outside of ERCOT. | ||
Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the | ||
division determines a disaster has occurred or the occurrence or | ||
threat of disaster is imminent or is notified of a declaration of | ||
disaster under this chapter, the division shall immediately | ||
activate any alert system implemented under this subchapter. A | ||
local governmental entity shall, in coordination with the division, | ||
choose the manner in which the alert system is activated and | ||
notifications are issued within the entity's geographic region. | ||
(b) The division, or local governmental entity, as | ||
appropriate, shall issue updated notifications for the duration of | ||
the disaster. | ||
(c) A public utility shall notify the following of a | ||
widespread power outage that is likely to last more than 24 hours: | ||
(1) the division; | ||
(2) the commission; | ||
(3) the ERCOT organization, if the utility's service | ||
area is in ERCOT; and | ||
(4) customers served by the public utility. | ||
Sec. 418.304. CONTENT OF ALERT SYSTEM NOTIFICATION. A | ||
notification issued under an alert system implemented under this | ||
subchapter: | ||
(1) must be issued in English, Spanish, and any other | ||
language that the division considers necessary; and | ||
(2) shall include information necessary to: | ||
(A) assist a person affected by the disaster with | ||
making informed decisions regarding the person's safety; and | ||
(B) enable a person in another location in this | ||
state to assist an affected person. | ||
Sec. 418.305. TERMINATION OF ALERT SYSTEM. The division | ||
may terminate the activation of an alert system when: | ||
(1) the division determines that: | ||
(A) the threat or danger has passed; or | ||
(B) the disaster has been addressed to the extent | ||
that emergency conditions no longer exist; | ||
(2) the extended and widespread power outage that | ||
prompted the division to activate the alert system ends; or | ||
(3) the state of disaster is terminated as provided by | ||
this chapter. | ||
Sec. 418.306. RULES. (a) The division shall adopt rules | ||
necessary to implement this subchapter. | ||
(b) The division may consult with the ERCOT organization, | ||
the commission, or a public utility in adopting rules under | ||
Subsection (a). | ||
SECTION 2. Subchapter A, Chapter 31, Utilities Code, is | ||
amended by adding Section 31.006 to read as follows: | ||
Sec. 31.006. NOTICE TO ELECTED OFFICIALS REQUIRED. As soon | ||
as practicable after an electric utility, municipally owned | ||
utility, or electric cooperative experiences a widespread power | ||
outage or a widespread electric service emergency, the utility or | ||
cooperative shall notify by telephone and e-mail each: | ||
(1) United States senator who represents this state; | ||
(2) member of the United States House of | ||
Representatives who represents a district affected by the | ||
disruption or emergency; | ||
(3) statewide elected official; | ||
(4) member of the legislature who represents a | ||
district affected by the disruption or emergency; | ||
(5) elected official of a county government who | ||
represents an area affected by the disruption or emergency; and | ||
(6) elected official of a municipal government who | ||
represents an area affected by the disruption or emergency. | ||
SECTION 3. Subchapter A, Chapter 104, Utilities Code, is | ||
amended by adding Section 104.009 to read as follows: | ||
Sec. 104.009. NOTICE TO ELECTED OFFICIALS REQUIRED. As | ||
soon as practicable after a gas utility, municipally owned utility, | ||
or electric cooperative experiences a widespread natural gas | ||
shortage or a widespread natural gas service emergency, the utility | ||
or cooperative shall notify by telephone and e-mail each: | ||
(1) United States senator who represents this state; | ||
(2) member of the United States House of | ||
Representatives who represents a district affected by the | ||
disruption or emergency; | ||
(3) statewide elected official; | ||
(4) member of the legislature who represents a | ||
district affected by the disruption or emergency; | ||
(5) elected official of a county government who | ||
represents an area affected by the disruption or emergency; and | ||
(6) elected official of a municipal government who | ||
represents an area affected by the disruption or emergency. | ||
SECTION 4. Subchapter E, Chapter 13, Water Code, is amended | ||
by adding Section 13.1397 to read as follows: | ||
Sec. 13.1397. NOTICE TO ELECTED OFFICIALS REQUIRED. As | ||
soon as practicable after a retail public utility experiences a | ||
widespread water service outage or a widespread water service | ||
emergency, the utility shall notify by telephone and e-mail each: | ||
(1) United States senator who represents this state; | ||
(2) member of the United States House of | ||
Representatives who represents a district affected by the | ||
disruption or emergency; | ||
(3) statewide elected official; | ||
(4) member of the legislature who represents a | ||
district affected by the disruption or emergency; | ||
(5) elected official of a county government who | ||
represents an area affected by the disruption or emergency; and | ||
(6) elected official of a municipal government who | ||
represents an area affected by the disruption or emergency. | ||
SECTION 5. (a) As soon as practicable after the effective | ||
date of this Act: | ||
(1) the Texas Division of Emergency Management shall | ||
conduct the study required by Section 418.3015, Government Code, as | ||
added by this Act; and | ||
(2) based on the results of the study, the chief of the | ||
Texas Division of Emergency Management shall implement an alert | ||
system under Subchapter J, Chapter 418, Government Code, as added | ||
by this Act. | ||
(b) In the period beginning on the effective date of this | ||
Act and ending on the date that the Texas Division of Emergency | ||
Management implements an alert system under Subchapter J, Chapter | ||
418, Government Code, as added by this Act, until the division | ||
implements that alert system, the division shall provide notices, | ||
through delivery methods and means commonly employed to ensure | ||
delivery during a hurricane, tornado, or other severe weather | ||
event, to individuals in this state located in areas that are likely | ||
to be impacted by severe weather emergencies. A notice must include | ||
information necessary to assist an individual with making informed | ||
decisions regarding the individual's safety. | ||
SECTION 6. 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 September 1, 2021. |