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From the 2005 Regular Session of the Texas Legislature

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	S.B. No. 9



AN ACT



relating to homeland security; providing
a penalty.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Chapter 2, Agriculture Code,
is amended by adding Section 2.006 to read as follows:


Sec. 2.006.  POLICY:  PROTECTION OF
STATE FROM CERTAIN PESTS AND DISEASES.  (a)  The agricultural
policy of this state must recognize that it is of paramount
importance to protect this state and the agriculture
industry in this state against the intentional or unintentional
introduction or dissemination of damaging plant and
animal pests and diseases.


(b)  The department, with the assistance
of the Texas Animal Health Commission, shall pursue
a policy of ensuring that the borders of this state
are secure from shipments of potentially dangerous
plant and animal pests and diseases.


SECTION 2.  Section 71.0081, Agriculture
Code, is amended by adding Subsection (c-1) to read
as follows:


(c-1)  The department may enter into
an agreement with a corporation or other private entity
to provide goods or services for the establishment
and operation of checkpoints or the performance of
inspections under this section.


SECTION 3.  Subchapter A, Chapter 71, Agriculture
Code, is amended by adding Section 71.0082 to read
as follows:


Sec.  71.0082.  INSPECTIONS FOR CERTAIN
PESTS AND DISEASES.  (a)  In addition to vehicle inspections
authorized under Section 71.0081, the department and
the Texas Animal Health Commission, under the direction
of the department, shall jointly conduct road station
and interstate shipment inspections as feasible at
strategic points throughout this state and as determined
to be appropriate by the department and the Texas Animal
Health Commission, taking into consideration the significance
of plant and animal inspections in proactively protecting
this state's borders.


(b)  The department may enter into an
agreement with a corporation or other private entity
to provide goods or services for the establishment
and operation of checkpoints or the performance of
inspections under this section.


SECTION 4.  Section 161.048, Agriculture
Code, is amended by adding Subsection (d-1) to read
as follows:


(d-1)  The commission may enter into
an agreement with a corporation or other private entity
to provide goods or services for the establishment
and operation of checkpoints or the performance of
inspections under this section.


SECTION 5.  Article 2.122, Code of Criminal
Procedure, is amended by adding Subsection (g) to read
as follows:


(g)  In addition to the powers of arrest,
search, and seizure under Subsection (a), a Special
Agent of the Secret Service protecting a person described
by 18 U.S.C. Section 3056(a)  or investigating a threat
against a person described by 18 U.S.C. Section 3056(a)
has the powers of arrest, search, and seizure as to:


(1)  misdemeanor offenses under the
laws of this state; and


(2)  any criminal offense under federal
law.


SECTION 6.  Section 418.004, Government
Code, is amended by adding Subdivision (9) to read
as follows:


(9)  "Regional planning commission"
means a regional planning commission, council of governments,
or other regional planning agency created under Chapter
391, Local Government Code.


SECTION 7.  Subsection (c), Section 418.107,
Government Code, is amended to read as follows:


(c)  A political subdivision or regional
planning commission may render aid to other political
subdivisions or regional planning commissions
under mutual aid agreements.


SECTION 8.  Subsection (d), Section 418.109,
Government Code, is amended to read as follows:


(d)  A municipality, county, emergency
services district, fire protection agency, regional
planning commission, organized volunteer group,
or other emergency services entity may provide mutual
aid assistance on request from another municipality,
county, emergency services district, fire protection
agency, regional planning commission, organized
volunteer group, or other emergency services entity.
 The chief or highest ranking officer of the entity
from which assistance is requested, with the approval
and consent of the presiding officer of the governing
body of that entity, may provide that assistance while
acting in accordance with the policies, ordinances,
and procedures established by the governing body of
that entity and consistent with any mutual aid plans
developed by the emergency management council.


SECTION 9.  The heading to Subchapter B,
Chapter 421, Government Code, is amended to read as
follows:






SECTION 10.  Subsections (a) and (b), Section
421.021, Government Code, are amended to read as follows:


(a)  The Homeland Security Critical
Infrastructure Protection Council is composed
of the governor or the governor's designee and one
representative of each of the following entities, appointed
by the single statewide elected or appointed governing
officer, or administrative
head, or chair, as appropriate, of the entity:


(1)  Department of Agriculture;


(2)  office of the attorney general;


(3)  General Land Office;


(4)  Public Utility Commission of Texas;


(5)  Texas Department
of State Health Services;


(6)  Department of Information Resources;


(7)  Department of Public Safety of the
State of Texas;


(8)  division of emergency management of
the office of the governor;


(9)  adjutant general's department
Texas National Guard;


(10)  Texas Commission on Environmental
Quality;


(11)  Railroad Commission of Texas;


(12)  Texas Strategic Military Planning
Commission; and


(13)  Texas Department of Transportation;


(14)  Commission on State Emergency
Communications;


(15)  Office of State-Federal Relations;


(16)  secretary of state;


(17)  Senate Committee on Transportation
and Homeland Security;


(18)  House Committee on Defense Affairs
and State-Federal Relations;


(19)  Texas Animal Health Commission;


(20)  Texas Association of Regional
Councils;


(21)  Texas Commission on Law Enforcement
Officer Standards and Education;


(22)  state fire marshal's office;


(23)  Texas Education Agency;


(24)  Texas Commission on Fire Protection;


(25)  Parks and Wildlife Department;


(26)  Texas Forest Service; and


(27)  Texas Water Development Board.


(b)  To be eligible for appointment as
a member of the council, a person must be directly
involved in the policies, programs,
or funding activities of the appointing agency,
office, or division that are relevant to
homeland security or infrastructure protection.


SECTION 11.  Chapter 421, Government Code,
is amended by adding Subchapter B-1 to read as follows:






Sec. 421.041.  FIRST RESPONDER ADVISORY
COUNCIL.  (a)  The First Responder Advisory Council
is a permanent special advisory committee created to
advise the governor or the governor's designee on homeland
security issues relevant to first responders, radio
interoperability, the integration of statewide exercises
for hazards, and the related use of available funding.


(b)  The council is composed of:


(1)  one representative for each of
the following sectors of the state, appointed by the
governor or the governor's designee:


(A)  law enforcement;


(B)  firefighters;


(C)  private first responders; and


(D)  emergency medical services; and


(2)  other members, as determined by
the governor or the governor's designee.


Sec. 421.042.  PRIVATE SECTOR ADVISORY
COUNCIL.  (a)  The Private Sector Advisory Council
is a permanent special advisory committee created to
advise the governor or the governor's designee on homeland
security issues relevant to the private sector.


(b)  The council is composed of:


(1)  one representative of a private
organization or entity for each of the following sectors
of the state, each appointed by the governor or the
governor's designee:


(A)  agriculture and food;


(B)  banking and finance;


(C)  chemicals and hazardous materials;


(D)  the defense industry;


(E)  energy;


(F)  emergency services;


(G)  information technology;


(H)  telecommunications;


(I)  postal and shipping;


(J)  public health;


(K)  transportation;


(L)  ports and waterways; and


(M)  national monuments and icons; and


(2)  other members, as determined by
the governor or the governor's designee.


Sec. 421.043.  ELIGIBILITY.  (a)  To
be eligible for appointment as a member of a permanent
special advisory committee created under this subchapter,
a person must demonstrate experience in the sector
that the person is under consideration to represent
and be directly involved in related policies, programs,
or funding activities that are relevant to homeland
security or infrastructure protection.


(b)  Each member of a permanent special
advisory committee created under this subchapter serves
at the will of the governor.


Sec. 421.044.  COMPENSATION AND REIMBURSEMENT
OF EXPENSES PROHIBITED.  A person who is a member of
a permanent special advisory committee created under
this subchapter is not entitled to receive compensation
from this state for service on the committee or travel
expenses incurred by the person while conducting the
business of the committee.


Sec. 421.045.  DUTIES.  Each permanent
special advisory committee created under this subchapter
shall advise the governor on:


(1)  the development and coordination
of a statewide critical infrastructure protection strategy;


(2)  the implementation of the governor's
homeland security strategy by state and local agencies
and provide specific suggestions for helping those
agencies implement the strategy;


(3)  specific priorities related to
the governor's homeland security strategy that the
committee determines to be of significant importance
to the statewide security of critical infrastructure;
and


(4)  other matters related to the planning,
development, coordination, and implementation of initiatives
to promote the governor's homeland security strategy.


SECTION 12.  Section 421.071, Government
Code, is amended to read as follows:


Sec. 421.071.  COOPERATION AND ASSISTANCE.
 A state or local agency that performs a homeland security
activity or a nongovernmental entity that contracts
with a state or local agency to perform a homeland
security activity shall cooperate with and assist the
office of the governor, the Homeland Security
Critical Infrastructure Protection
Council, the Texas Infrastructure Protection Communications
Center, and the National Infrastructure Protection
Center in the performance of their duties under this
chapter and other state or federal law.


SECTION 13.  Subsections (a) and (c), Section
421.072, Government Code, are amended to read as follows:


(a)  The office of the governor shall:


(1)  allocate available federal and state
grants and other funding related to homeland security
to state and local agencies and defense base development
authorities created under Chapter 379B, Local Government
Code, that perform homeland security activities;


(2)  periodically review the grants and
other funding for appropriateness and compliance; and


(3)  designate state administering agencies
to administer all grants and other funding to the state
related to homeland security; and


(4)  measure the effectiveness of the
homeland security grants and other funding.


(c)  A state or local agency or defense
base development authority that receives a grant
or other funding related to homeland security must
provide an annual report to the office of the governor
detailing:


(1)  the agency's
compliance of the agency or authority with the
state homeland security strategy;


(2)  any expenditures made using the
funding;


(3)  any programs developed or implemented
using the funding; and


(4)  the manner in which any expenditures
made or programs developed or implemented have improved
the ability of the agency or authority to detect, deter,
respond to, and recover from a terrorist attack.


SECTION 14.  Chapter 421, Government Code,
is amended by adding Subchapter F to read as follows:






Sec. 421.095.  DEFINITIONS.  In this
subchapter:


(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. 421.096.  INTEROPERABILITY OF RADIO
SYSTEMS.  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. 421.097.  ASSISTANCE.  The office
of the governor may consult with a representative of
an entity described by Section 421.096(3) to obtain
assistance or information necessary for the performance
of any duty under this subchapter.


Sec. 421.098.  REPORT.  Not later than
September 1 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 15.  Chapter 421, Government Code,
is amended by adding Subchapter Z to read as follows:






Sec. 421.901.  INTEROPERABILITY OF CRITICAL
INFORMATION SYSTEMS.  The office of the governor shall
develop a plan for appropriate entities to use information
systems that:


(1)  employ underlying computer equipment
and software required to establish interoperable communication
between computer systems used by local, state, and
federal agencies and first responders; and


(2)  provide a single point of entry
to disseminate information, applications, processes,
and communications.


SECTION 16.  Section 791.006, Government
Code, is amended by amending Subsection (a) and adding
Subsections (a-1) and (d) to read as follows:


(a)  If governmental units contract under
this chapter to furnish or obtain the
services of a fire department, such as training,
fire suppression, fire fighting, ambulance services,
hazardous materials response services, fire and rescue
services, or paramedic services, the governmental
unit that would have been responsible for furnishing
the services in the absence of the contract is responsible
for any civil liability that arises from the furnishing
of those services.


(a-1)  Notwithstanding Subsection (a),
if a municipality, county, rural fire prevention district,
emergency services district, fire protection agency,
regional planning commission, or joint board enters
into a contract with a governmental unit under this
chapter to furnish or obtain fire or emergency services,
the parties to the contract may agree to assign responsibility
for civil liability that arises from the furnishing
or obtaining of services under the contract in any
manner agreed to by the parties.  To assign responsibility
for civil liability under this subsection, the parties
to the contract must assign responsibility in a written
provision of the contract that specifically references
this subsection and states that the assignment of liability
is intended to be different than liability otherwise
assigned under Subsection (a).


(d)  Notwithstanding any other provision
of this chapter, a contract under this chapter is not
a joint enterprise for the purpose of assigning or
determining liability.


SECTION 17.  Subchapter B, Chapter 12, Health
and Safety Code, is amended by adding Section 12.0128
to read as follows:


Sec. 12.0128.  HEALTH ALERT NETWORK.
 The department shall include the Texas Association
of Local Health Officials, the Texas Association of
Community Health Centers, and the Texas Organization
of Rural and Community Hospitals in the department's
Texas Health Alert Network to the extent federal funds
for bioterrorism preparedness are available for that
purpose.


SECTION 18.  Section 341.033, Health and
Safety Code, is amended by adding Subsection (i) to
read as follows:


(i)  An owner, agent, manager, operator,
or other person in charge of a public water supply
system that furnishes water for public or private use
or a wastewater system that provides wastewater services
for public or private use shall maintain internal procedures
to notify the commission immediately of the following
events, if the event may negatively impact the production
or delivery of safe and adequate drinking water:


(1)  an unusual or unexplained unauthorized
entry at property of the public water supply or wastewater
system;


(2)  an act of terrorism against the
public water supply or wastewater system;


(3)  an unauthorized attempt to probe
for or gain access to proprietary information that
supports the key activities of the public water supply
or wastewater system;


(4)  a theft of property that supports
the key activities of the public water supply or wastewater
system; or


(5)  a natural disaster, accident, or
act that results in damage to the public water supply
or wastewater system.


SECTION 19.  Subchapter G, Chapter 756, Health
and Safety Code, as added by Chapter 1082, Acts of
the 78th Legislature, Regular Session, 2003, is amended
by adding Section 756.106 to read as follows:


Sec. 756.106.  SAFETY STANDARDS AND
BEST PRACTICES.  The Railroad Commission of Texas shall
adopt and enforce safety standards and best practices,
including those described by 49 U.S.C. Section 6105
et seq., relating to the prevention of damage by a
person to a facility under the jurisdiction of the
commission.


SECTION 20.  Subsection (b), Section 30.05,
Penal Code, is amended by adding Subdivision (7) to
read as follows:


(7)  "Critical infrastructure facility"
means one of the following, if completely enclosed
by a fence or other physical barrier that is obviously
designed to exclude intruders:


(A)  a chemical manufacturing facility;


(B)  a refinery;


(C)  an electrical power generating
facility, substation, switching station, electrical
control center, or electrical transmission or distribution
facility;


(D)  a water intake structure, water
treatment facility, wastewater treatment plant, or
pump station;


(E)  a natural gas transmission compressor
station;


(F)  a liquid natural gas terminal or
storage facility;


(G)  a telecommunications central switching
office;


(H)  a port, railroad switching yard,
trucking terminal, or other freight transportation
facility;


(I)  a gas processing plant, including
a plant used in the processing, treatment, or fractionation
of natural gas; or


(J)  a transmission facility used by
a federally licensed radio or television station.


SECTION 21.  Section 30.05, Penal Code, is
amended by amending Subsection (d) and adding Subsections
(g) and (h) to read as follows:


(d)  An offense under Subsection (e) is
a Class C misdemeanor unless it is committed in a habitation
or unless the actor carries a deadly weapon on or about
the actor's person during the commission of the offense,
in which event it is a Class A misdemeanor.  An offense
under Subsection (a) is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if:


(1)  the offense is committed:


(A)  in a habitation or a shelter center;
or


(B)  on a Superfund site; or


(C)  on or in a critical infrastructure
facility; or


(2)  the actor carries a deadly weapon
on or about his person during the commission of the
offense.


(g)  It is a defense to prosecution
under this section that the actor entered a railroad
switching yard or any part of a railroad switching
yard and was at that time an employee or a representative
of employees exercising a right under the Railway Labor
Act (45 U.S.C. Section 151 et seq.).


(h)  At the punishment stage of a trial
in which the attorney representing the state seeks
the increase in punishment provided by Subsection (d)(1)(C),
the defendant may raise the issue as to whether the
defendant entered or remained on or in a critical infrastructure
facility as part of a peaceful or lawful assembly,
including an attempt to exercise rights guaranteed
by state or federal labor laws.  If the defendant proves
the issue in the affirmative by a preponderance of
the evidence, the increase in punishment provided by
Subsection (d)(1)(C) does not apply.


SECTION 22.  (a)  Section 411.0105, Government
Code, is repealed.


(b)  Section 752.006, Health and Safety
Code, is repealed.


SECTION 23.  On the effective date of this
Act:


(1)  the Public Safety Radio Communications
Council is abolished;


(2)  the office of the governor replaces
the Public Safety Radio Communications Council as the
entity responsible for oversight of the development
of a program related to the interoperability of radio
communications;


(3)  all property, including records, in
the custody of the Department of Public Safety of the
State of Texas that relates to the Public Safety Radio
Communications Council or a program to promote the
interoperability of radio communications becomes the
property of the office of the governor and shall be
made available to the office of the governor no later
than December 1, 2005; and


(4)  all funds appropriated by the legislature
to the Department of Public Safety of the State of
Texas for the purpose of providing administrative support
to the Public Safety Radio Communications Council are
transferred to the office of the governor.


SECTION 24.  The head of each entity listed
in Subdivision (9) and Subdivisions (14) through (27),
Subsection (a), Section 421.021, Government Code, as
amended by this Act, shall appoint a representative
to the Homeland Security Council, as required by that
section, not later than December 1, 2005.


SECTION 25.  The governor shall make all
required appointments to the First Responder Advisory
Council and the Private Sector Advisory Council, in
accordance with Subchapter B-1, Chapter 421, Government
Code, as added by this Act, not later than December
1, 2005.


SECTION 26.  (a)  The change in law made
by this Act to Section 791.006, Government Code, does
not affect any civil liability for services furnished
under an interlocal cooperation contract entered into
before the effective date of this Act to furnish or
obtain the services of a fire department.


(b)  The former law is continued in effect
for the purpose of determining liability, if any, for
services furnished under an interlocal cooperation
contract entered into before the effective date of
this Act to furnish or obtain the services of a fire
department.


SECTION 27.  The Railroad Commission of Texas
shall adopt the safety standards and best practices
required by Section 756.106, Health and Safety Code,
as added by this Act, not later than June 1, 2007.


SECTION 28.  The change in law made by this
Act to Section 30.05, Penal Code, applies only to an
offense committed on or after September 1, 2005.  An
offense committed before September 1, 2005, is covered
by the law in effect when the offense was committed,
and the former law is continued in effect for that
purpose.  For purposes of this section, an offense
was committed before September 1, 2005, if any element
of the offense was committed before that date.


SECTION 29.  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, 2005.





______________________________    ______________________________



President of
the Senate             Speaker of the House



I hereby certify that S.B. No. 9 passed
the Senate on April 19, 2005, by the following vote:
 Yeas 29, Nays 0; and that the Senate concurred in
House amendments on May 28, 2005, by the following
vote:  Yeas 31, Nays 0.




______________________________


    Secretary of the Senate




I hereby certify that S.B. No. 9 passed
the House, with amendments, on May 25, 2005, by the
following vote:  Yeas 144, Nays 1, one present not
voting.




______________________________


    Chief Clerk of the House




Approved:


______________________________


             Date


______________________________


           Governor