Bill Text: TX HB3324 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the operations and monitoring of fusion centers in this state.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-17 - Effective immediately [HB3324 Detail]
Download: Texas-2011-HB3324-Introduced.html
Bill Title: Relating to the operations and monitoring of fusion centers in this state.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-17 - Effective immediately [HB3324 Detail]
Download: Texas-2011-HB3324-Introduced.html
82R10857 KEL-F | ||
By: McClendon | H.B. No. 3324 |
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relating to intelligence data standards and protected personal | ||
information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 421.082, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (h) to read as | ||
follows: | ||
(b) The center's duties include: | ||
(1) promotion of emergency preparedness; | ||
(2) receipt and analysis of information, assessment of | ||
threats, and issuance of public warnings related to homeland | ||
security emergencies; [ |
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(3) authorization and facilitation of cooperative | ||
efforts related to emergency response and recovery efforts in the | ||
event of a homeland security emergency; and | ||
(4) making recommendations to the Department of Public | ||
Safety regarding the monitoring of fusion centers and other | ||
criminal intelligence systems operating in this state and regarding | ||
the functions of the Texas Fusion Center Policy Council created | ||
under Section 421.083. | ||
(h) The center may use any available revenue and may solicit | ||
and accept gifts, grants, and donations for the purposes of | ||
discharging its powers and duties under this section. The center | ||
shall use any gifts, grants, and donations received for those | ||
purposes before using other revenue. | ||
SECTION 2. Subchapter E, Chapter 421, Government Code, is | ||
amended by adding Section 421.083 to read as follows: | ||
Sec. 421.083. FUSION CENTERS OPERATING IN THIS STATE: | ||
RULES AND MONITORING. (a) After considering the recommendations of | ||
the Texas Fusion Center under Section 421.082(b)(4), the Department | ||
of Public Safety shall: | ||
(1) adopt rules to govern the operations of fusion | ||
centers and other criminal intelligence systems in this state, | ||
including guidelines to: | ||
(A) establish a common concept of operations for | ||
any criminal intelligence systems operating in this state, in order | ||
to provide clear standards for each aspect of their activities; and | ||
(B) inform and define the monitoring of those | ||
activities by the Texas Fusion Center Policy Council created under | ||
Subdivision (2); and | ||
(2) create the Texas Fusion Center Policy Council to | ||
assist the department in monitoring the activities of fusion | ||
centers and other criminal intelligence systems operating in this | ||
state. | ||
(b) The policy council is composed of one representative | ||
from each regional fusion center operating in this state. | ||
(c) The policy council shall: | ||
(1) develop and disseminate strategies to facilitate | ||
the implementation of applicable federal standards and programs on | ||
a statewide basis by each criminal intelligence system operating in | ||
this state; | ||
(2) on behalf of the department and subject to the | ||
department's control, monitor the implementation of the | ||
department's common concept of operations by each criminal | ||
intelligence system operating in this state and perform audits, | ||
including financial audits, as necessary to ensure effective | ||
implementation; and | ||
(3) recommend best practices for the operations of | ||
each criminal intelligence system, including best practices for the | ||
smooth exchange of information among those systems and best | ||
practices for the financial and budgetary operations of those | ||
systems. | ||
(d) The department may require that a criminal intelligence | ||
system audited under this section pay any costs incurred by the | ||
policy council in relation to the audit. | ||
(e) A member of the policy council may not receive | ||
compensation but is entitled to reimbursement for the member's | ||
travel expenses as provided by Chapter 660 and the General | ||
Appropriations Act. | ||
SECTION 3. Chapter 421, Government Code, is amended by | ||
adding Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. CRIMINAL INTELLIGENCE SYSTEMS | ||
Sec. 421.101. DEFINITIONS. In this subchapter: | ||
(1) "Biometric information" means DNA, iris or retinal | ||
scans, palm telemetry, photographs, or facial recognition | ||
measurements or any other biometric measurements. The term does | ||
not include a thumbprint or signature. | ||
(2) "Criminal intelligence system" means: | ||
(A) the arrangements, equipment, facilities, and | ||
procedures used for the receipt, storage, interagency exchange, | ||
dissemination, and analysis of criminal intelligence data; or | ||
(B) any entity whose mission includes | ||
collecting, analyzing, or sharing intelligence data and other data | ||
for law enforcement or homeland security purposes, including the | ||
Texas Fusion Center operated by the Department of Public Safety and | ||
all regional fusion centers in this state. | ||
(3) "Noncriminal information" means any data about | ||
persons, organizations, events, incidents, or objects, regardless | ||
of the medium in which the information exists, where no reasonable | ||
suspicion exists that a criminal activity is occurring or is about | ||
to occur. | ||
(4) "Personally identifiable information" means all | ||
personal data and any data element or combination of data elements | ||
that identifies or could be used to identify an individual, | ||
including: | ||
(A) an individual's: | ||
(i) name; | ||
(ii) date of birth; | ||
(iii) address of residence; | ||
(iv) electronic password; | ||
(v) unique account number; | ||
(vi) telephone number; | ||
(vii) biometric information; | ||
(viii) photograph or a description of a | ||
tattoo; | ||
(ix) e-mail address; | ||
(x) Internet Protocol address; or | ||
(xi) web address; or | ||
(B) any other unique identifier. | ||
(5) "Protected health information" means any | ||
information about health status, provision of health care, or | ||
payment for health care services that can be linked to a specific | ||
individual. | ||
Sec. 421.102. REASONABLE SUSPICION DEFINED. For purposes | ||
of this subchapter, reasonable suspicion is established only when | ||
information exists that establishes sufficient facts to give a | ||
trained law enforcement or criminal justice agency officer, | ||
investigator, or employee a basis to believe that there is a | ||
reasonable possibility that an individual or organization is | ||
involved in a definable criminal activity or enterprise. | ||
Sec. 421.103. CONDITIONS FOR TREATMENT OF INTELLIGENCE DATA | ||
AND NONCRIMINAL INFORMATION. (a) Any law enforcement or criminal | ||
justice agency, including a criminal intelligence system, that | ||
reviews, collects, submits, disseminates, discloses, or maintains | ||
intelligence data shall: | ||
(1) review, collect, and maintain intelligence data or | ||
noncriminal information concerning an individual or organization | ||
only if: | ||
(A) reasonable suspicion exists that the | ||
individual or organization is involved in criminal conduct or | ||
activity; and | ||
(B) the information is relevant to that criminal | ||
conduct or activity; | ||
(2) disseminate intelligence data only where there is | ||
a need to know and a right to know the information in the | ||
performance of a law enforcement activity; | ||
(3) disseminate intelligence data only to a law | ||
enforcement authority that agrees to follow procedures regarding | ||
information receipt, maintenance, security, and dissemination that | ||
are consistent with the receipt, maintenance, security, and | ||
dissemination limitations, requirements, and procedures applicable | ||
to a criminal intelligence system; | ||
(4) provide notice to submitting criminal justice | ||
agencies, law enforcement agencies, or criminal intelligence | ||
systems or other submitting individuals before initiating formal | ||
information exchange procedures with any federal, state, or | ||
regional information system; | ||
(5) require any agency submitting data to maintain in | ||
its agency files documentation of each submission and to make that | ||
documentation available for reasonable audit and inspection by the | ||
attorney general; | ||
(6) adopt policies regarding screening, rejecting for | ||
employment, transferring, or removing personnel authorized to have | ||
direct access to intelligence data; | ||
(7) adopt, implement, and maintain procedures to | ||
ensure the maximum feasible security, confidentiality, and | ||
integrity of personally identifiable information and similar data, | ||
including labeling that data to indicate: | ||
(A) levels of sensitivity of the data; | ||
(B) levels of confidence in the data; and | ||
(C) the identity of a submitting criminal justice | ||
agency, law enforcement agency, or criminal intelligence system or | ||
other submitting individual; | ||
(8)(A) adopt, implement, and maintain written | ||
information security programs governing the collection, use, | ||
dissemination, storage, retention, and destruction of personally | ||
identifiable information and similar data; | ||
(B) ensure that criminal intelligence and other | ||
information is securely stored and protected against unauthorized | ||
access, destruction, use, modification, disclosure, or loss; and | ||
(C) destroy the information as soon as it is no | ||
longer needed; and | ||
(9) adopt policies and operating procedures | ||
implementing all other applicable requirements under state or | ||
federal law. | ||
(b) Subsection (a)(3) does not limit the dissemination of an | ||
assessment of intelligence data to a government official or to any | ||
other individual if necessary to avoid imminent danger to life or | ||
property. | ||
(c) An information security program under Subsection | ||
(a)(8)(A) must: | ||
(1) address, without limitation, administrative, | ||
technical, and physical safeguards; | ||
(2) include sanctions for unauthorized access, use, or | ||
disclosure of information stored and maintained in a criminal | ||
intelligence system; and | ||
(3) comply with all federal and state privacy and | ||
information security laws and regulations, including Chapter 552. | ||
Sec. 421.104. COLLECTION OF CERTAIN INTELLIGENCE DATA AND | ||
NONCRIMINAL INFORMATION PROHIBITED. An agency described by Section | ||
421.103(a), including a criminal intelligence system, may not: | ||
(1) review, collect, or maintain noncriminal | ||
information or criminal intelligence data about the political, | ||
religious, or social views, associations, military history, or | ||
activities of any individual or any group, association, | ||
corporation, business, partnership, or other organization unless | ||
the information directly relates to criminal conduct or activity | ||
and reasonable suspicion exists that the subject of the information | ||
is or may be involved in criminal conduct or activity; or | ||
(2) review, collect, or maintain protected health | ||
information, biometric information, or personally identifiable | ||
information unless the information directly relates to criminal | ||
conduct or activity and reasonable suspicion exists that the | ||
subject of the information is or may be involved in criminal conduct | ||
or activity. | ||
Sec. 421.105. REPORT. (a) Not later than September 1 of | ||
each year, any law enforcement or criminal justice agency described | ||
by Section 421.103(a), including a criminal intelligence system, | ||
shall submit reports to the standing committee of each house of the | ||
legislature with primary jurisdiction over criminal justice. Each | ||
standing committee may hold a joint hearing to evaluate the reports | ||
of those agencies and may invite testimony by the agencies for that | ||
purpose. | ||
(b) A report under this section must include: | ||
(1) a list of all agencies requesting or submitting | ||
information or intelligence to the entity in question; | ||
(2) a summary of any audit or review the entity | ||
underwent during the preceding year and, if the audit or review was | ||
performed for a criminal intelligence system, a summary of the | ||
methods used to investigate, evaluate, and analyze the operations | ||
of that system; | ||
(3) the total number of requests for and responses to | ||
requests for information or intelligence; and | ||
(4) all complaints received by the entity in relation | ||
to information collection. | ||
Sec. 421.106. OVERSIGHT. (a) The attorney general or a | ||
designated employee of the attorney general shall provide oversight | ||
of the data and privacy protection function of criminal | ||
intelligence systems operating in this state, including the Texas | ||
Fusion Center, with regard to the collection, maintenance, and | ||
storage of personally identifiable information or intelligence | ||
data and any disclosure, transfer, or dissemination of that | ||
information or data. | ||
(b) The attorney general or designee shall investigate, | ||
evaluate, and analyze the operations of criminal intelligence | ||
systems in this state, including the procedures of those systems, | ||
both as written and in practice, for: | ||
(1) collecting data; | ||
(2) protecting the privacy and security of personally | ||
identifiable information; | ||
(3) responding to requests for information under | ||
Chapter 552; and | ||
(4) ensuring that the activities of criminal | ||
intelligence systems do not infringe on the rights of freedom of | ||
assembly, association, and expression guaranteed by the United | ||
States Constitution and the Texas Constitution. | ||
(c) The attorney general or designee shall examine the | ||
compliance of each criminal intelligence system in this state with | ||
this subchapter. | ||
(d) The attorney general or designee shall examine the | ||
involvement of entities other than law enforcement or criminal | ||
justice agencies in criminal intelligence system activities and | ||
shall assess the impact of that involvement on the data and privacy | ||
protection function of criminal intelligence systems in this state. | ||
Sec. 421.107. OVERSIGHT BOARD. (a) Each criminal | ||
intelligence system in this state shall establish and maintain an | ||
oversight board. | ||
(b) The members of an oversight board established under this | ||
section must include: | ||
(1) representatives from industry, law enforcement, | ||
and other related fields; and | ||
(2) at least one privacy advocate. | ||
Sec. 421.108. LIMITATIONS ON DISCLOSURE OF INFORMATION. | ||
Information subject to regulation by this subchapter may not be | ||
disclosed under Chapter 552 if the disclosure would: | ||
(1) interfere with an ongoing criminal investigation | ||
or other law enforcement proceeding; | ||
(2) constitute a clearly unwarranted invasion of | ||
personal privacy; | ||
(3) disclose the identity of a confidential source; | ||
or | ||
(4) endanger the life or physical safety of any | ||
individual. | ||
SECTION 4. Subchapter F, Chapter 421, Government Code, is | ||
redesignated as Subchapter G, Chapter 421, Government Code, and | ||
amended to read as follows: | ||
SUBCHAPTER G [ |
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PROGRAM | ||
Sec. 421.121 [ |
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(1) "First responder" means a public safety employee | ||
or volunteer whose duties include responding rapidly to an | ||
emergency. The term includes: | ||
(A) a peace officer whose duties include | ||
responding rapidly to an emergency; | ||
(B) fire protection personnel under Section | ||
419.021; | ||
(C) a volunteer firefighter who is: | ||
(i) certified by the Texas Commission on | ||
Fire Protection or by the State Firemen's and Fire Marshalls' | ||
Association of Texas; or | ||
(ii) a member of an organized volunteer | ||
fire-fighting unit as described by Section 615.003; and | ||
(D) an individual certified as emergency medical | ||
services personnel by the Department of State Health Services. | ||
(2) "Infrastructure equipment" means the underlying | ||
permanent equipment required to establish interoperable | ||
communication between radio systems used by local, state, and | ||
federal agencies and first responders. | ||
Sec. 421.122 [ |
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The office of the governor shall: | ||
(1) develop and administer a strategic plan to design | ||
and implement a statewide integrated public safety radio | ||
communications system that promotes interoperability within and | ||
between local, state, and federal agencies and first responders; | ||
(2) develop and administer a plan in accordance with | ||
Subdivision (1) to purchase infrastructure equipment for state and | ||
local agencies and first responders; | ||
(3) advise representatives of entities in this state | ||
that are involved in homeland security activities with respect to | ||
interoperability; and | ||
(4) use appropriated money, including money from | ||
relevant federal homeland security grants, for the purposes of | ||
designing, implementing, and maintaining a statewide integrated | ||
public safety radio communications system. | ||
Sec. 421.123 [ |
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governor may consult with a representative of an entity described | ||
by Section 421.122(3) [ |
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information necessary for the performance of any duty under this | ||
subchapter. | ||
Sec. 421.124 [ |
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of each year, the office of the governor shall provide to the | ||
legislature a report on the status of its duties under this | ||
subchapter. | ||
SECTION 5. Section 74.151(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A person who in good faith administers emergency care is | ||
not liable in civil damages for an act performed during the | ||
emergency unless the act is wilfully or wantonly negligent, | ||
including a person who: | ||
(1) administers emergency care using an automated | ||
external defibrillator; or | ||
(2) administers emergency care as a volunteer who is a | ||
first responder as the term is defined under Section 421.121 | ||
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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, 2011. |