By: Muñoz H.B. No. 243       A BILL TO BE ENTITLED   AN ACT   relating to the creation and operation of the Texas   Interoperability Council and a grant program administered by the   council.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 421, Government Code, is amended by   adding Subchapter G to read as follows:   SUBCHAPTER G. TEXAS INTEROPERABILITY COUNCIL; GRANT PROGRAM          Sec. 421.121.  DEFINITIONS. In this subchapter:                (1)  "Council" means the Texas Interoperability   Council established under this subchapter.                (2)  "Division" means the Texas Division of Emergency   Management.                (3)  "Local government" means a municipality, a county,   a special district or authority, or any other political subdivision   of this state.          Sec. 421.122.  TEXAS INTEROPERABILITY COUNCIL. (a) The   Texas Interoperability Council is established to:                (1)  develop and coordinate the implementation of a   statewide strategic plan for governing the interoperability of   emergency communication equipment and infrastructure in this   state, develop and implement, as advisable, emergency alert   systems, and incorporate as necessary communication technologies   into the emergency communications network of this state; and                 (2)  administer a grant program to assist local   governments with:                      (A)  acquiring emergency communication equipment   that is interoperable with other emergency communication equipment   and infrastructure in this state; and                      (B)  constructing additional emergency   communication infrastructure to ensure that the first responders of   this state have access to equipment and infrastructure that is   interoperable to the extent necessary to effectively communicate   during an emergency.          (b)  The council is composed of the chief of the division and   six members appointed as follows:                (1)  two members appointed by the governor;                (2)  two members appointed by the lieutenant governor;   and                (3)  two members appointed by the speaker of the house   of representatives.          (c)  Appointed council members serve staggered terms of six   years, with the terms of two members expiring September 1 of each   odd-numbered year.          (d)  A majority of the voting members of the council   constitutes a quorum to transact business. If a quorum is present,   the council may act on any matter within the council's jurisdiction   by a majority vote.          (e)  The chief of the division serves as the council's   presiding officer.          Sec. 421.123.  MEETINGS. The council shall meet as often as   necessary at the call of the presiding officer to perform the   council's duties.          Sec. 421.124.  APPLICABILITY OF OTHER LAW TO COUNCIL. (a)   Chapters 551 and 2001 do not apply to the council.          (b)  Information held by the council is excepted from   required public disclosure under Chapter 552.          Sec. 421.125.  STRATEGIC PLAN. (a) The council, in   collaboration with any state agency or private entity as the   council determines appropriate, shall develop a statewide   strategic plan to govern the interoperability of emergency   communication equipment and infrastructure in this state.          (b)  The strategic plan must include:                (1)  a plan for the construction of communication   infrastructure necessary to ensure effective emergency   communications among first responders in this state, including the   acquisition of land as necessary for construction;                (2)  training programs necessary to ensure that state   agencies and local governments have the skills and resources   necessary to access and effectively use the emergency communication   equipment and infrastructure available in this state;                (3)  a plan to ensure that first responders throughout   this state are equipped with emergency communication equipment that   is interoperable with other emergency communication equipment in   this state; and                (4)  a plan to ensure that any new emergency   communication equipment and infrastructure acquired or constructed   under the plan can be adapted to or integrated with any existing   emergency communication equipment and infrastructure.          (c)  The council shall consider including in the strategic   plan under Subsection (b):                (1)  the use of outdoor warning sirens;                (2)  implementing an emergency alert system that alerts   the public of evacuation recommendations or orders related to   floods, fires, and other disasters and that has the capability of   alerting persons in an affected geographic area through messages   sent to those persons' communication devices; and                (3)  the use of broadband service as part of the   emergency communications network of this state.          Sec. 421.126.  IMPLEMENTATION OF PLAN; NETWORK   COORDINATION. The council, in collaboration with state agencies as   needed, shall implement the statewide strategic plan developed   under Section 421.125 and coordinate the emergency communications   network of this state to ensure interoperability for first   responders.          Sec. 421.127.  GRANT PROGRAM. (a) The council shall   establish a grant program to provide grants to local governments   for the purchase of emergency communication equipment and   infrastructure, the construction of emergency communication   infrastructure, and the expenses of training employees of the local   government for the effective use of the equipment during an   emergency.          (b)  To be eligible for a grant under the grant program, an   applicant must be a local government, submit a proposal to the   council, and comply with the rules established by the council for   the administration of the grant program.          (c)  The council shall establish procedures to administer   the grant program, including:                (1)  eligibility criteria for a grant recipient;                (2)  guidelines relating to grant amounts; and                (3)  procedures for submitting and evaluating   proposals.          (d)  The council shall enter into a contract that includes   performance requirements with each grant recipient. The council   shall monitor and enforce the terms of the contract.          (e)  The council may require as a condition of a grant   awarded under this section that:                (1)  the officers or employees of the recipient   successfully complete one or more training programs, as determined   by the council, which may include incident command system training;   and                (2)  the recipient adopt standardized procedures for   incident command or management.          (f)  The council may delegate to a state agency the   administration of the grant program.          Sec. 421.128.  USES OF GRANT MONEY. Money awarded under the   grant program may be used only to:                (1)  purchase emergency communication equipment,   including radios, spare parts, and accessories, for use by first   responders that is interoperable with the other emergency   communication equipment and infrastructure in this state or enables   interoperability;                (2)  construct emergency communication infrastructure,   including radio towers, that is interoperable with the other   emergency communication equipment and infrastructure in this state   or enables interoperability, including the acquisition of land   necessary for the construction;                (3)  cover the cost of adapting existing emergency   communication equipment or infrastructure to, or otherwise   integrating the equipment or infrastructure with, new emergency   communication equipment purchased or infrastructure constructed;                (4)  cover the operational or maintenance cost of the   equipment or infrastructure described by Subdivision (1), (2), or   (3); or                (5)  cover the cost of providing to first responders,   or having first responders attend, training on the effective use of   the equipment and infrastructure described by Subdivisions (1),   (2), and (3).          Sec. 421.129.  GRANT PROGRAM FUNDING. The council may use   any available funds to implement the grant program.          Sec. 421.130.  GIFTS, GRANTS, AND DONATIONS. The council   may accept gifts, grants, and donations from any source, including   private and nonprofit organizations, for the purpose of   implementing this subchapter.          Sec. 421.131.  RULES. The division may adopt rules to   administer this subchapter.          SECTION 2.  As soon as practicable after the effective date   of this Act, the governor, lieutenant governor, and speaker of the   house of representatives shall appoint members to the Texas   Interoperability Council, as required by Section 421.122,   Government Code, as added by this Act, in the manner required by   that section, as follows:                (1)  the governor shall appoint two council members to   a term expiring September 1, 2027;                (2)  the lieutenant governor shall appoint two council   members to a term expiring September 1, 2029; and                (3)  the speaker of the house of representatives shall   appoint two council members to a term expiring September 1, 2031.          SECTION 3.  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 on the 91st day after the last day of the   legislative session.