89S20017 JCG-D     By: King H.B. No. 3       A BILL TO BE ENTITLED   AN ACT   relating to the interoperability of emergency communication   equipment and infrastructure in this state, including the creation   and operation of the Texas Interoperability Council, a grant   program administered by the council, and the purchase of certain   public safety radio communication systems.          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 by the governor.          (c)  In making appointments under Subsection (b), the   governor shall ensure that the council includes representation   from:                (1)  state and local emergency response agencies;                (2)  public safety communications professionals;                (3)  emergency communication districts created under   Chapter 772, Health and Safety Code, including regional emergency   communication districts;                (4)  individuals with technical expertise in   interoperable communications systems;                (5)  the Texas Department of Transportation;                (6)  the statewide interoperability coordinator or   another representative of the Department of Public Safety;                (7)  the Texas Military Department; and                (8)  the office of the governor, including any division   responsible for homeland security.          (d)  Appointed council members serve staggered terms of six   years, with the terms of two members expiring September 1 of each   odd-numbered year.          (e)  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.          (f)  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.   Chapter 2001 does not apply to the council.          Sec. 421.1245.  CERTAIN GRANT APPLICATIONS AND SECURITY   INFORMATION: CLOSED MEETING. (a) The council may conduct a closed   meeting in accordance with Subchapter E, Chapter 551, to deliberate   or confer with one or more employees, consultants of the council, or   legal counsel of the council to discuss:                (1)  a grant application under Section 421.127 being   considered by the council if, before conducting the closed meeting,   a majority of the voting members of the council in an open meeting   vote that deliberating or conferring in an open meeting would:                      (A)  reveal the grant applicant's confidential   information;                      (B)  reveal national security information or   other sensitive security information of this state or a political   subdivision of this state; or                      (C)  have a detrimental effect on the position of   the council in negotiations with a grant applicant; or                (2)  a matter related to the establishment of emergency   management infrastructure, the purchase or use of emergency   management equipment, or the training of emergency management   personnel, if an open meeting would reveal national security   information or other sensitive security information of this state   or a political subdivision of this state.          (b)  Notwithstanding any other law, the council may disclose   a matter discussed under Subsection (a) with any state agency if the   presiding officer of the council determines it necessary for the   establishment of emergency management infrastructure, the purchase   or use of emergency management equipment, or the training of   emergency management personnel.          (c)  Any vote or final action taken on a matter described by   Subsection (a) must be conducted in an open meeting.          Sec. 421.1247.  GRANT APPLICATION AND DOCUMENTATION   CONFIDENTIAL. A grant application and related documentation under   Section 421.127 is confidential and not subject to 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.  Subchapter Z, Chapter 271, Local Government   Code, is amended by adding Section 271.909 to read as follows:          Sec. 271.909.  GOVERNOR APPROVAL OF PURCHASES OF PUBLIC   SAFETY RADIO COMMUNICATION SYSTEMS REQUIRED; EXPIRATION. (a) In   this section, "public safety radio communication system" means a   radio communication system, including infrastructure, equipment,   software, and other similar products as the governor determines   necessary, that is used by a governmental entity in public safety   operations, such as law enforcement, fire protection, emergency   medical services, and disaster response and recovery.          (b)  The governor by rule shall establish standards for   determining whether the purchase and use of a public safety radio   communication system by a political subdivision would materially   impair interoperability among public safety radio communication   systems used by other governmental entities in the region of the   political subdivision proposing the purchase. The standards must:                (1)  include minimum technical specifications that the   system must meet;                (2)  be based on the strategic plan designed and   implemented under Section 421.096(1), Government Code; and                (3)  contain limitations on the use of burdensome   procedures to achieve interoperability among systems.          (c)  A political subdivision may not purchase a public safety   radio communication system unless the governor reviews and approves   the proposed purchase under this section.          (d)  In the form and manner prescribed by the governor by   rule, a political subdivision may request that the governor conduct   a review of a proposed purchase of a public safety radio   communication system under this section.          (e)  The governor shall conduct a review requested under   Subsection (d) and, not later than the 90th day after the date on   which the governor received the request, shall in writing:                (1)  approve the request;                (2)  summarily deny the request; or                (3)  do all of the following:                      (A)  conditionally deny the request;                      (B)  specify the deficient standards and other   criteria on which the denial was based; and                      (C)  provide corrective measures by which the   political subdivision may alter the proposal in order to obtain   approval under this section.          (f)  The governor shall approve a proposed purchase reviewed   under this section only if the proposed purchase and use of the   system does not materially impair the interoperability among public   safety radio communication systems used by other governmental   entities in the region of the political subdivision proposing the   purchase, in accordance with the standards established under   Subsection (b). The governor shall deny as provided by Subsection   (e)(2) or (3) a proposed purchase reviewed under this section if the   proposed purchase and use of the public safety radio communication   system materially impairs the interoperability among public safety   radio communication systems used by other governmental entities in   the region of the political subdivision proposing the purchase.          (g)  After a summary denial under Subsection (e)(2), a   political subdivision may request the governor to, and if requested   the governor shall, specify in writing the deficient standards and   provide corrective measures, as described by Subsections (e)(3)(B)   and (C).          (h)  The governor shall by rule provide procedures for   appealing a denial under Subsection (e).          (i)  This section expires January 1, 2027.          SECTION 3.  Effective January 1, 2027, Subchapter Z, Chapter   271, Local Government Code, is amended by adding Section 271.910 to   read as follows:          Sec. 271.910.  COUNCIL APPROVAL OF PURCHASES OF PUBLIC   SAFETY RADIO COMMUNICATION SYSTEMS REQUIRED. (a) In this section:                (1)  "Council" means the Texas Interoperability   Council established under Subchapter G, Chapter 421, Government   Code.                (2)  "Public safety radio communication system" means a   radio communication system, including infrastructure, equipment,   software, and other similar products as the council determines   necessary, that is used by a governmental entity in public safety   operations, such as law enforcement, fire protection, emergency   medical services, and disaster response and recovery.          (b)  The council by rule shall establish standards for   determining whether the purchase and use of a public safety radio   communication system by a political subdivision would materially   impair interoperability among public safety radio communication   systems used by other governmental entities in the region of the   political subdivision proposing the purchase. The standards must:                (1)  include minimum technical specifications that the   system must meet;                (2)  be based on the strategic plan designed and   implemented under Section 421.096(1), Government Code; and                (3)  contain limitations on the use of burdensome   procedures to achieve interoperability among systems.          (c)  A political subdivision may not purchase a public safety   radio communication system unless the council reviews and approves   the proposed purchase under this section.          (d)  In the form and manner prescribed by the council by   rule, a political subdivision may request that the council conduct   a review of a proposed purchase of a public safety radio   communication system under this section.          (e)  The council shall conduct a review requested under   Subsection (d) and, not later than the 90th day after the date on   which the council received the request, shall in writing:                (1)  approve the request;                (2)  summarily deny the request; or                (3)  do all of the following:                      (A)  conditionally deny the request;                      (B)  specify the deficient standards and other   criteria on which the denial was based; and                      (C)  provide corrective measures by which the   political subdivision may alter the proposal in order to obtain   approval under this section.          (f)  The council shall approve a proposed purchase reviewed   under this section only if the proposed purchase and use of the   system does not materially impair the interoperability among public   safety radio communication systems used by other governmental   entities in the region of the political subdivision proposing the   purchase, in accordance with the standards established under   Subsection (b). The council shall deny as provided by Subsection   (e)(2) or (3) a proposed purchase reviewed under this section if the   proposed purchase and use of the public safety radio communication   system materially impairs the interoperability among public safety   radio communication systems used by other governmental entities in   the region of the political subdivision proposing the purchase.          (g)  After a summary denial under Subsection (e)(2), a   political subdivision may request the council to, and if requested   the council shall, specify in writing the deficient standards and   provide corrective measures, as described by Subsections (e)(3)(B)   and (C).          (h)  The council shall by rule provide procedures for   appealing a denial under Subsection (e).          SECTION 4.  As soon as practicable after the effective date   of this Act, the governor 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)  two council members to a term expiring September   1, 2027;                (2)  two council members to a term expiring September   1, 2029; and                (3)  two council members to a term expiring September   1, 2031.          SECTION 5.  Not later than January 1, 2026, the governor   shall adopt the rules required by Section 271.909, Local Government   Code, as added by this Act.          SECTION 6.  Section 271.909, Local Government Code, as added   by this Act, applies only to the purchase of a public safety radio   communication system by a political subdivision that occurs on or   after January 1, 2026.          SECTION 7.  Section 271.910, Local Government Code, as added   by this Act, applies only to the purchase of a public safety radio   communication system by a political subdivision that occurs on or   after January 1, 2027.          SECTION 8.  (a) In this section:                (1)  "Council" means the Texas Interoperability   Council established under Subchapter G, Chapter 421, Government   Code, as added by this Act.                (2)  "Program" means the program of reviewing purchases   of political subdivisions under Section 271.909, Local Government   Code, as added by this Act.          (b)  Not later than December 1, 2026, the governor and the   council shall enter into a memorandum of understanding to transfer   on January 1, 2027, from the governor to the council all powers,   duties, and functions of the governor's office related to the   program, including, as necessary, any employee positions,   equipment, facilities, contracts, and appropriated money   associated with the program.          (c)  On January 1, 2027, a rule, form, policy, procedure, or   decision of the governor's office related to a power, duty, or   function of the program continues in effect as a rule, form, policy,   procedure, or decision of the council and remains in effect until   amended or replaced by the council.  Notwithstanding any other law,   beginning September 1, 2026, the council may propose rules, forms,   policies, and procedures related to the program to be transferred   to the council under this Act.          SECTION 9.  Except as otherwise provided by this Act, 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.