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A BILL TO BE ENTITLED
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AN ACT
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relating to an emergency public service messaging network. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter I to read as follows: |
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SUBCHAPTER I. EMERGENCY PUBLIC SERVICE MESSAGING NETWORK |
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Sec. 418.201. DEFINITIONS. In this subchapter: |
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(1) "Digital display" means an electronic display that |
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is in compliance with federal law and: |
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(A) is capable of displaying digital messages and |
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images; |
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(B) for each display, measures at least 288 |
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square feet and not more than 672 square feet, with a resolution of |
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at least 15 millimeters; |
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(C) has emergency backup power for at least 24 |
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hours of operation; and |
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(D) automatically adjusts to ambient light |
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conditions and ensures the brightness of each display does not |
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exceed .3 foot-candles over ambient light levels measured at a |
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distance of 250 feet. |
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(2) "Emergency information network" means a system of |
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digital displays that is controlled remotely from a centralized |
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location. |
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(3) "Emergency management director" means a person |
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designated to serve as emergency management director under Section |
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418.1015. |
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(4) "Health authority" has the meaning assigned by |
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Section 81.003, Health and Safety Code. |
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Sec. 418.202. LOCAL PUBLIC HEALTH AND PUBLIC SAFETY ALERTS. |
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(a) With the cooperation of the Texas Department of Transportation |
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and emergency management directors, the division shall develop and |
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implement a system for municipalities and counties to issue local |
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public health and public safety alerts through an emergency |
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information network developed under Section 418.203. |
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(b) The local public health and public safety alerts may |
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include: |
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(1) AMBER alerts or other alerts issued under |
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Subchapter L, Chapter 411; |
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(2) silver alerts issued under Subchapter M, Chapter |
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411; |
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(3) blue alerts issued under an executive order; |
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(4) homeland security alerts; and |
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(5) emergency public service messages provided to |
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motorists: |
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(A) during a severe weather advisory; |
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(B) during an evacuation that has been ordered or |
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recommended under this chapter; or |
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(C) following a declaration of a state of |
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disaster issued under this chapter. |
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Sec. 418.203. EMERGENCY INFORMATION NETWORK. (a) In this |
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section, "contractor" means a person who contracts with the |
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division to implement the emergency information network. |
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(b) The division shall coordinate with the Texas Department |
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of Transportation to implement an emergency information network |
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along highways that are designated evacuation routes and highways |
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in urban areas that are adjacent to designated evacuation routes. A |
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digital display that is part of the emergency information network |
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must be located only within the corporate limits or |
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extraterritorial jurisdiction of a municipality. |
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(c) The emergency information network must be able to: |
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(1) display local public health and public safety |
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alerts described by Section 418.202(b); |
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(2) display the most currently available information |
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and relevant digital images regarding the availability of fuel, |
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food, lodging, and 24-hour pharmacy services located along highways |
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described by Subsection (b); and |
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(3) disseminate the information described by |
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Subdivisions (1) and (2) to each applicable digital display in the |
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network. |
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(d) The digital displays must be installed in a sufficient |
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number and located in sufficiently high population and high traffic |
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areas to ensure the emergency information network disseminates |
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information to the maximum number of motorists. A digital display |
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may not be located in a residential neighborhood or along a highway |
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that is designated as a scenic byway. |
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(e) The division, through competitive bidding, shall |
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contract with a person to implement the emergency information |
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network at no cost to the state. The contract must include terms |
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that require the contractor to: |
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(1) erect and maintain new digital displays on private |
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property along highways described by Subsection (b) and in areas |
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described by Subsection (d); |
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(2) display the local public health and public safety |
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alerts described by Section 418.202(b); |
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(3) collect the information described by Subsection |
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(c)(2); and |
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(4) display the information described by Subdivision |
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(3) on digital displays. |
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(f) Before the contractor may erect a digital display, the |
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contractor must obtain consent, in writing, from: |
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(1) the emergency management director for the |
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municipality in which the display is to be erected; and |
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(2) the person who owns the property on which the |
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display is to be erected. |
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(g) If a digital display authorized under this section is |
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not being used to display the information described by Subsection |
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(c), the contractor may: |
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(1) display commercial digital messages; |
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(2) charge the prevailing market rate for displaying |
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commercial digital messages; and |
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(3) retain the prevailing market rate for displaying |
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commercial digital messages. |
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(h) Not later than January 31 of each year, the contractor |
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shall pay a total of five percent of the gross revenue generated |
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from each digital display during the preceding year as follows: |
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(1) two and one-half percent to the comptroller for |
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deposit in the general revenue fund; and |
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(2) two and one-half percent to the municipality in |
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whose corporate limits or extraterritorial jurisdiction the |
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digital display is located. |
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(i) The emergency information network must be operated to |
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maximize the payments under Subsection (h). |
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(j) After the expiration of the contract described by |
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Subsection (e), if the division does not award the contractor a |
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contract to continue operating the emergency information network, |
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the division shall order the contractor to: |
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(1) remove the digital displays at the sole expense of |
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the contractor; or |
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(2) convey the digital displays to a person who is |
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awarded a contract to operate the emergency information network. |
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(k) Under a conveyance described by Subsection (j)(2), the |
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person who is awarded the contract must agree to indemnify the |
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contractor and pay the contractor for the digital displays. The |
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cost for the digital displays shall be determined according to a |
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formula negotiated in the contract described by Subsection (e). |
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(l) The contractor is responsible for the entire cost of |
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moving the display if the construction of a highway requires a |
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digital display to be moved. |
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(m) Notwithstanding other law, the location and erection of |
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a digital display authorized under this section is governed only by |
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federal law and this section. |
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(n) The division may adopt rules to implement this section. |
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(o) The division shall implement this section using |
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existing resources. |
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Sec. 418.204. ADMINISTRATION. (a) The division shall |
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coordinate the local public health and public safety alert system |
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described by Section 418.202(a). |
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(b) The division shall adopt standards as necessary to |
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ensure proper implementation of the alert system. The standards |
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must address: |
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(1) the procedures to be used by a health authority to |
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verify a threat to public health within the health authority's |
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jurisdiction; |
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(2) the procedures to be used by a local law |
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enforcement agency to verify a threat to public safety within the |
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agency's jurisdiction; and |
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(3) the procedures to be used by an individual or |
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entity to report information about a threat to public health or |
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public safety. |
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(c) The division shall prescribe forms for use by an |
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emergency management director for a municipality or county in |
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requesting activation of the alert system. |
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Sec. 418.205. DUTIES OF TEXAS DIVISION OF EMERGENCY |
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MANAGEMENT. The division shall: |
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(1) cooperate with the Texas Department of |
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Transportation and emergency management directors and assist in |
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developing and implementing the alert system described by Section |
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418.202(a); and |
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(2) establish a plan for providing relevant |
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information to the public in affected areas of the state through the |
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emergency information network developed under Section 418.203. |
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Sec. 418.206. NOTIFICATION TO DIVISION OF LOCAL THREAT TO |
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PUBLIC HEALTH OR PUBLIC SAFETY. (a) An emergency management |
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director may notify the department if the emergency management |
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director receives notice from: |
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(1) a health authority of a verified threat to public |
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health within the health authority's jurisdiction; or |
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(2) a local law enforcement agency of a verified |
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threat to public safety within the agency's jurisdiction. |
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(b) The emergency management director must determine that |
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the information provided by a health authority or a local law |
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enforcement agency poses a credible threat to the municipality or |
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county. |
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Sec. 418.207. ACTIVATION. (a) On the request of an |
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emergency management director, the division shall activate the |
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alert system described by Section 418.202(a) and notify appropriate |
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participants in the alert system. |
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(b) The division shall send the alert to designated media |
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outlets in the area affected by the public health or public safety |
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threat. Following receipt of the alert, participating media |
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outlets may issue the alert at designated intervals. |
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Sec. 418.208. CONTENT OF LOCAL PUBLIC HEALTH OR PUBLIC |
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SAFETY ALERT. A local public health or public safety alert must |
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include: |
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(1) all appropriate information that is provided by |
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the emergency management director; and |
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(2) information on whom an individual in the affected |
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area can contact for more information. |
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Sec. 418.209. TERMINATION OF LOCAL PUBLIC HEALTH OR PUBLIC |
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SAFETY ALERT. (a) The division shall terminate any activation of |
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the alert with respect to a local public health or public safety |
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threat not later than the earlier of the time at which: |
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(1) the local public health or public safety threat is |
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resolved; or |
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(2) the notification period ends, as determined by |
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standards adopted by the division. |
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(b) An emergency management director that requests |
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activation of the alert system under this subchapter shall notify |
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the division as soon as possible that the local public health or |
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public safety threat is resolved. |
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SECTION 2. The Texas Division of Emergency Management shall |
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ensure the emergency information network under Section 418.203, |
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Government Code, as added by this Act, is functionally operational |
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no later than June 30, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |