Schwertner Bill Exempts New Grant Council From Open Meetings Law

The text as introduced · 1,144 words

89R17189 JCG-D

By: Schwertner
S.B. No. 2512

A BILL TO BE ENTITLED

AN ACT

relating to creating 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 Texas Division of Emergency

Management.

(3) "Local government" means a municipality, county,

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; and

(2) administer a grant program to assist local

governments with acquiring emergency communication equipment that

is interoperable with other emergency communication equipment and

infrastructure in this state and with 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

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.

Sec. 421.126. IMPLEMENTATION OF PLAN; NETWORK MANAGEMENT.

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) attend or provide the training to first responders

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 September 1, 2025.