Bill Text: TX HB1765 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an emergency public service messaging network.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB1765 Detail]
Download: Texas-2011-HB1765-Introduced.html
Bill Title: Relating to an emergency public service messaging network.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB1765 Detail]
Download: Texas-2011-HB1765-Introduced.html
82R8699 NAJ-F | ||
By: Miller of Erath | H.B. No. 1765 |
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relating to an emergency public service messaging network. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 418, Government Code, is amended by | ||
adding Subchapter I to read as follows: | ||
SUBCHAPTER I. EMERGENCY PUBLIC SERVICE MESSAGING NETWORK | ||
Sec. 418.201. DEFINITIONS. In this subchapter: | ||
(1) "Digital display" means an electronic display that | ||
is in compliance with federal law and: | ||
(A) is capable of displaying digital messages and | ||
images; | ||
(B) for each display, measures at least 600 | ||
square feet, with a resolution of at least 15 millimeters; | ||
(C) has emergency backup power for at least 24 | ||
hours of operation; and | ||
(D) automatically adjusts to ambient light | ||
conditions and ensures the brightness of each display does not | ||
exceed .3 foot-candles over ambient light levels measured at a | ||
distance of 250 feet. | ||
(2) "Emergency information network" means a system of | ||
digital displays that is controlled remotely from a centralized | ||
location. | ||
(3) "Emergency management director" means a person | ||
designated to serve as emergency management director under Section | ||
418.1015. | ||
(4) "Health authority" has the meaning assigned by | ||
Section 81.003, Health and Safety Code. | ||
Sec. 418.202. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS. | ||
(a) With the cooperation of the Texas Department of Transportation | ||
and emergency management directors, the division shall develop and | ||
implement a system for municipalities and counties to issue local | ||
public health and public safety alerts through an emergency | ||
information network developed under Section 418.203. | ||
(b) The local public health and public safety alerts may | ||
include: | ||
(1) AMBER alerts or other alerts issued under | ||
Subchapter L, Chapter 411; | ||
(2) silver alerts issued under Subchapter M, Chapter | ||
411; | ||
(3) blue alerts issued under an executive order; | ||
(4) homeland security alerts; and | ||
(5) emergency public service messages provided to | ||
motorists: | ||
(A) during a severe weather advisory; | ||
(B) during an evacuation that has been ordered or | ||
recommended under this chapter; or | ||
(C) following a declaration of a state of | ||
disaster issued under this chapter. | ||
Sec. 418.203. EMERGENCY INFORMATION NETWORK. (a) In this | ||
section, "contractor" means a person who contracts with the | ||
division to implement the emergency information network. | ||
(b) The division shall coordinate with the Texas Department | ||
of Transportation to implement an emergency information network | ||
along designated high traffic evacuation routes and highways in | ||
metropolitan areas located within 50 miles of a designated | ||
evacuation route. A digital display that is part of the emergency | ||
information network must be located only within the corporate | ||
limits or extraterritorial jurisdiction of a municipality. | ||
(c) The emergency information network must be able to: | ||
(1) display local public health and public safety | ||
alerts described by Section 418.202(b); | ||
(2) display real-time information and relevant | ||
digital images regarding the availability of fuel, food, lodging, | ||
and 24-hour pharmacy services located along routes and highways | ||
described by Subsection (b); and | ||
(3) quickly disseminate the information described by | ||
Subdivisions (1) and (2) to each digital display in the network. | ||
(d) The emergency information network must include at least | ||
200 digital displays and, to the extent possible, use double-sided | ||
digital displays. The digital displays must be installed in a | ||
sufficient number and located in sufficiently high population and | ||
high traffic areas to ensure the emergency information network | ||
disseminates information to the maximum number of motorists. | ||
(e) The division, through competitive bidding, shall | ||
contract with a person to implement the emergency information | ||
network at no cost to the state. The contract must include terms | ||
that require the contractor to: | ||
(1) erect and maintain digital displays on private | ||
property along routes and highways described by Subsection (b); | ||
(2) display the local public health and public safety | ||
alerts described by Section 418.202(b); | ||
(3) collect the information described by Subsection | ||
(c)(2); and | ||
(4) display the information collected under | ||
Subdivision (3) on digital displays. | ||
(f) The contractor must obtain a person's permission before | ||
the contractor may erect a digital display on the person's | ||
property. | ||
(g) If a digital display authorized under this section is | ||
not being used to display the information described by Subsection | ||
(c), the contractor may: | ||
(1) display commercial digital messages; | ||
(2) charge the prevailing market rate for displaying | ||
commercial digital messages; and | ||
(3) retain the prevailing market rate for displaying | ||
commercial digital messages. | ||
(h) Not later than January 31 of each year, the contractor | ||
shall pay two and one-half percent of the gross revenue generated | ||
from each digital display during the preceding year to: | ||
(1) the comptroller for deposit in the general revenue | ||
fund; and | ||
(2) the municipality in whose corporate limits or | ||
extraterritorial jurisdiction the digital display is located. | ||
(i) After the expiration of the contract described by | ||
Subsection (e), the contractor may continue to maintain the digital | ||
displays erected by the contractor if the contractor continues to: | ||
(1) display the local public health and public safety | ||
alerts described by Section 418.202(b); and | ||
(2) make the payments required under Subsection (h). | ||
(j) The contractor shall operate the emergency information | ||
network to maximize the payments required under Subsection (h). | ||
(k) Notwithstanding other law, the location and erection of | ||
a digital display authorized under this section is governed only by | ||
federal law and this section. | ||
(l) The division may adopt rules to implement this section. | ||
(m) The division shall implement this section using | ||
existing resources. | ||
Sec. 418.204. ADMINISTRATION. (a) The division shall | ||
coordinate the local public health and public safety alert system | ||
described by Section 418.202(a). | ||
(b) The division shall adopt standards as necessary to | ||
ensure proper implementation of the alert system. The standards | ||
must address: | ||
(1) the procedures to be used by a health authority to | ||
verify a threat to public health within the health authority's | ||
jurisdiction; | ||
(2) the procedures to be used by a local law | ||
enforcement agency to verify a threat to public safety within the | ||
agency's jurisdiction; and | ||
(3) the procedures to be used by an individual or | ||
entity to report information about a threat to public health or | ||
public safety. | ||
(c) The division shall prescribe forms for use by an | ||
emergency management director for a municipality or county in | ||
requesting activation of the alert system. | ||
Sec. 418.205. DUTIES OF TEXAS DIVISION OF EMERGENCY | ||
MANAGEMENT. The division shall: | ||
(1) cooperate with the Texas Department of | ||
Transportation and emergency management directors and assist in | ||
developing and implementing the alert system described by Section | ||
418.202(a); and | ||
(2) establish a plan for providing relevant | ||
information to the public in affected areas of the state through the | ||
emergency information network developed under Section 418.203. | ||
Sec. 418.206. NOTIFICATION TO DIVISION OF LOCAL THREAT TO | ||
PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management | ||
director may notify the department if the emergency management | ||
director receives notice from: | ||
(1) a health authority of a verified threat to public | ||
health within the health authority's jurisdiction; or | ||
(2) a local law enforcement agency of a verified | ||
threat to public safety within the agency's jurisdiction. | ||
(b) The emergency management director must determine that | ||
the information provided by a health authority or a local law | ||
enforcement agency poses a credible threat to the municipality or | ||
county. | ||
Sec. 418.207. ACTIVATION. (a) On the request of an | ||
emergency management director, the division shall activate the | ||
alert system described by Section 418.202(a) and notify appropriate | ||
participants in the alert system. | ||
(b) The division shall send the alert to designated media | ||
outlets in the area affected by the public health or public safety | ||
threat. Following receipt of the alert, participating media | ||
outlets may issue the alert at designated intervals. | ||
Sec. 418.208. CONTENT OF LOCAL PUBLIC HEALTH OR PUBLIC | ||
SAFETY ALERT. A local public health or public safety alert must | ||
include: | ||
(1) all appropriate information that is provided by | ||
the emergency management director; and | ||
(2) information on whom an individual in the affected | ||
area can contact for more information. | ||
Sec. 418.209. TERMINATION OF LOCAL PUBLIC HEALTH OR PUBLIC | ||
SAFETY ALERT. (a) The division shall terminate any activation of | ||
the alert with respect to a local public health or public safety | ||
threat not later than the earlier of the time at which: | ||
(1) the local public health or public safety threat is | ||
resolved; or | ||
(2) the notification period ends, as determined by | ||
standards adopted by the division. | ||
(b) An emergency management director that requests | ||
activation of the alert system under this subchapter shall notify | ||
the division as soon as possible that the local public health or | ||
public safety threat is resolved. | ||
SECTION 2. The Texas Division of Emergency Management shall | ||
ensure the emergency information network under Section 418.203, | ||
Government Code, as added by this Act, is functionally operational | ||
with at least 50 digital displays installed no later than June 30, | ||
2012. | ||
SECTION 3. This Act takes effect September 1, 2011. |