CHAPTER 421. HOMELAND SECURITY
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 421. HOMELAND SECURITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 421.001. DEFINITIONS. In this chapter:
(1) "Agency" means any governmental entity.
(2) "Critical infrastructure" includes all public or private
assets, systems, and functions vital to the security, governance,
public health and safety, economy, or morale of the state or the
nation.
(3) "Homeland security activity" means any activity related to
the prevention or discovery of, response to, or recovery from a
terrorist attack, natural or man-made disaster, hostile military
or paramilitary action, or extraordinary law enforcement
emergency.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.002. HOMELAND SECURITY STRATEGY. (a) The governor
shall direct homeland security in this state and shall develop a
statewide homeland security strategy that improves the state's
ability to:
(1) detect and deter threats to homeland security;
(2) respond to homeland security emergencies; and
(3) recover from homeland security emergencies.
(b) The governor's homeland security strategy shall coordinate
homeland security activities among and between local, state, and
federal agencies and the private sector and must include specific
plans for:
(1) intelligence gathering and analysis;
(2) information sharing;
(3) reducing the state's vulnerability to homeland security
emergencies;
(4) protecting critical infrastructure;
(5) protecting the state's international border, ports, and
airports;
(6) detecting, deterring, and defending against terrorism,
including cyber-terrorism and biological, chemical, and nuclear
terrorism;
(7) positioning equipment, technology, and personnel to improve
the state's ability to respond to a homeland security emergency;
(8) directing the Texas Infrastructure Protection Communications
Center and giving the center certain forms of authority to
implement the governor's homeland security strategy; and
(9) using technological resources to:
(A) facilitate the interoperability of government technological
resources, including data, networks, and applications;
(B) coordinate the warning and alert systems of state and local
agencies;
(C) incorporate multidisciplinary approaches to homeland
security; and
(D) improve the security of governmental and private sector
information technology and information resources.
(c) The governor's homeland security strategy must complement
and operate in coordination with the federal homeland security
strategy.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.0025. BORDER SECURITY COUNCIL. (a) The Border
Security Council consists of members appointed by the governor.
(a-1) At least one-third of the members appointed under
Subsection (a) must be residents of the Texas-Mexico border
region, as defined by Section 2056.002.
(b) The Border Security Council shall develop and recommend to
the office of the governor performance standards, reporting
requirements, audit methods, and other procedures to ensure that
funds allocated by the office of the governor for purposes
related to security at or near this state's international border
are used properly and that the recipients of the funds are
accountable for the proper use of the funds.
(c) The Border Security Council shall advise the office of the
governor regarding the allocation of funds by the office for
purposes related to security at or near this state's
international border. Recommendations relating to the allocation
of those funds must be made by a majority of the members of the
council.
(d) The governor shall designate one member of the Border
Security Council as the chair. The chair shall arrange meetings
of the Border Security Council at times determined by the members
of the council.
(e) The meetings of the Border Security Council are subject to
the requirements of Chapter 551 to the same extent as similar
meetings of the Public Safety Commission. The plans and
recommendations of the Border Security Council are subject to the
requirements of Chapter 552 to the same extent as similar plans
and recommendations of the Department of Public Safety of the
State of Texas.
(f) Service on the Border Security Council by a state officer or
employee or by an officer or employee of a local government is an
additional duty of the member's office or employment.
Added by Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 18.01, eff. September 1, 2007.
Sec. 421.003. CRIMINAL INTELLIGENCE INFORMATION. The Department
of Public Safety of the State of Texas is:
(1) the repository in this state for the collection of
multijurisdictional criminal intelligence information that is
about terrorist activities or otherwise related to homeland
security activities; and
(2) the state agency that has primary responsibility to analyze
and disseminate that information.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.004. PROVISIONS GOVERNING MOBILE TRACKING DEVICES. In
the event of a conflict between Section 14, Article 18.21, Code
of Criminal Procedure, and this chapter or a rule adopted under
this chapter, Section 14, Article 18.21, Code of Criminal
Procedure, controls.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
SUBCHAPTER B. HOMELAND SECURITY COUNCIL
Sec. 421.021. MEMBERSHIP. (a) The Homeland Security Council is
composed of the governor or the governor's designee, the speaker
of the house of representatives or the speaker's designee, the
lieutenant governor or the lieutenant governor's designee, and
one representative of each of the following entities, appointed
by the single statewide elected or appointed governing officer,
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) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management;
(9) adjutant general's department;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
(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 and Veterans' Affairs;
(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 policies, programs, or
funding activities that are relevant to homeland security or
infrastructure protection.
(c) A member of the council serves at the will of the governor.
At the request of the governor, an appointing authority under
this section shall appoint a different member.
(d) An officer or employee of a state or local agency who serves
as a member of the council or a special advisory committee under
this subchapter shall perform the duties required by the council
or special advisory committee as an additional duty of the
member's office or employment.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1337, Sec. 10, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 2B.06, eff. September 1, 2009.
Sec. 421.022. REIMBURSEMENT OF EXPENSES. A member of the
council may not receive additional compensation for service on
the council but is entitled to reimbursement of reasonable
expenses incurred in direct performance of official duties,
including travel expenses incurred by the member while conducting
the business of the council, subject to any applicable limitation
on reimbursement provided by general law or the General
Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.023. ADMINISTRATION. (a) The council is an advisory
entity administered by the office of the governor.
(b) The governor may adopt rules as necessary for the operation
of the council.
(c) The governor shall designate the presiding officer of the
council.
(d) The council shall meet at the call of the governor and shall
meet at least once each quarter in a calendar year.
(e) The council is not subject to Chapter 2110.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.024. DUTIES. The council 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;
and
(3) other matters related to the planning, development,
coordination, and implementation of initiatives to promote the
governor's homeland security strategy.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.025. SPECIAL ADVISORY COMMITTEES. (a) The governor
may appoint one or more special advisory committees composed of
representatives from state or local agencies or nongovernmental
entities not represented on the council.
(b) The governor shall determine the number of members and
qualifications for membership on a special advisory committee
under this section.
(c) A special advisory committee under this section shall assist
the council in performing its duties.
(d) A special advisory committee under this section is subject
to Chapter 2110, except that Section 2110.002 does not apply.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.026. REPORT. The council shall annually submit to the
governor a report stating:
(1) the council's progress in developing and coordinating a
statewide critical infrastructure protection strategy;
(2) the status and funding of state programs designed to detect
and deter homeland security emergencies, including the status and
funding of counterterrorism efforts;
(3) recommendations on actions to reduce threats to homeland
security, including threats related to terrorism; and
(4) recommendations for improving the alert, response, and
recovery capabilities of state and local agencies.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
SUBCHAPTER B-1. PERMANENT SPECIAL ADVISORY COMMITTEES
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 11, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 11, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 11, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 11, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 11, eff. June 18, 2005.
SUBCHAPTER C. CIVIL LIABILITY FOR ACTS OR OMISSIONS
Sec. 421.061. CIVIL LIABILITY. (a) An officer or employee of a
state or local agency performing a homeland security activity or
a volunteer performing a homeland security activity at the
request or under the direction of an officer or employee of a
state or local agency is considered for purposes of Section
431.085 to be a member of the state military forces ordered into
active service of the state by proper authority and is considered
to be discharging a duty in that capacity if:
(1) the officer, employee, or volunteer is performing the
homeland security activity under procedures prescribed or
circumstances described for the purpose of this section in the
governor's homeland security strategy;
(2) in the case of a volunteer, the volunteer is acting within
the course and scope of the request or direction of the officer
or employee of the state or local agency; and
(3) in the case of an officer or employee of a state or local
agency, the officer or employee is acting within the course and
scope of the person's authority.
(b) A person described by Subsection (a) is not immune from
civil liability under Section 431.085 for damages resulting from
the performance of a homeland security activity if, under the
circumstances, the person's performance of the homeland security
activity was wilfully or wantonly negligent or done with
conscious indifference or reckless disregard for the safety of
persons this chapter is intended to protect.
(c) This section does not make a person a member of the state
military forces for any other purpose, including for purposes of
the application of the Uniform Code of Military Justice.
(d) This section does not affect the application of Section
431.085 on its own terms to a person who is a member of the state
military forces ordered into active service of the state by
proper authority under other law.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Sec. 421.062. LIABILITY UNDER INTERLOCAL CONTRACT. (a) In this
section, "interlocal contract" has the meaning assigned by
Section 791.003.
(b) A state or local agency that furnishes a service related to
a homeland security activity under an interlocal contract is
immune from civil liability for any act or omission resulting in
death, damage, or injury while acting under the interlocal
contract if:
(1) the interlocal contract expressly states that the furnishing
state or local agency is not responsible for any civil liability
that arises from the furnishing of a service under the contract;
and
(2) the state or local agency committed the act or omission
while acting in good faith and in the course and scope of its
functions to provide a service related to a homeland security
activity.
(c) This section may not be interpreted as a waiver of any
immunity that might exist in the absence of an interlocal
contract or a provision in an interlocal contract as set forth in
Subsection (b).
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
SUBCHAPTER D. COOPERATION AND ASSISTANCE; FUNDING
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
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.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1337, Sec. 12, eff. June 18, 2005.
Sec. 421.072. FUNDING. (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;
(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.
(b) State and local agencies that perform homeland security
activities shall inform the office of the governor about any
actions taken relating to requests for revenue, grants, or other
funding for homeland security activities or initiatives.
(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 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.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1337, Sec. 13, eff. June 18, 2005.
SUBCHAPTER E. TEXAS FUSION CENTER
Sec. 421.081. FACILITIES AND ADMINISTRATIVE SUPPORT. The
Department of Public Safety of the State of Texas shall provide
facilities and administrative support for the Texas Fusion
Center.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 18.03, eff. September 1, 2007.
Sec. 421.082. POWERS AND DUTIES. (a) The center shall serve as
the state's primary entity for the planning, coordination, and
integration of government communications capabilities to help
implement the governor's homeland security strategy and ensure an
effective response in the event of a homeland security emergency.
(b) The center's duties include:
(1) promotion of emergency preparedness;
(2) receipt and analysis of information, assessment of threats,
and issuance of public warnings related to homeland security
emergencies; and
(3) authorization and facilitation of cooperative efforts
related to emergency response and recovery efforts in the event
of a homeland security emergency.
(c) In performing its duties under this section, the center
shall aim to:
(1) reduce the vulnerability of at-risk or targeted entities to
homeland security emergencies; and
(2) prevent or minimize damage, injury, loss of life, and loss
of property in the event of a homeland security emergency.
(d) The center shall perform its duties under circumstances
prescribed by and as directed by the governor's homeland security
strategy.
(e) The gang section of the center shall annually submit to the
governor and the legislature a report assessing the threat posed
statewide by criminal street gangs. The report must include
identification of:
(1) law enforcement strategies that have been proven effective
in deterring gang-related crime; and
(2) gang involvement in trafficking of persons.
(f) On request, the office of the attorney general, the
Department of Public Safety, the Texas Department of Criminal
Justice, other law enforcement agencies, and juvenile justice
agencies of this state shall provide to the gang section of the
center information relating to criminal street gangs,
gang-related crime, and gang involvement in trafficking of
persons.
(g) Any information received by the center under this section
that is stored, combined with other information, analyzed, or
disseminated is subject to the rules governing criminal
intelligence in 28 C.F.R. Part 23.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1350, Sec. 1, eff. June 19, 2009.
SUBCHAPTER F. GOVERNOR'S INTEROPERABLE RADIO COMMUNICATIONS
PROGRAM
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 14, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 14, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 14, eff. June 18, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 14, eff. June 18, 2005.
SUBCHAPTER Z. MISCELLANEOUS
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.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 15, eff. June 18, 2005.