SB780 - Relating to the homeland security activities of certain entities, including the establishment and operations of the Homeland Security Division in the Department of Public Safety.

      By: Parker S.B. No. 780               A BILL TO BE ENTITLED   AN ACT   relating to the homeland security activities of certain entities,   including the establishment and operations of the Homeland Security   Division in the Department of Public Safety.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1. Section 411.002(a), Government Code, is amended to   read as follows:          (a)  The Department of Public Safety of the State of Texas is   an agency of the state to enforce the laws protecting the public   safety and provide for the prevention and detection of crime.  The   department is composed of the Texas Rangers, the Homeland Security   Division, the Texas Highway Patrol, the administrative division,   and other divisions that the commission considers necessary.          SECTION 2. Chapter 411, Government Code, is amended by adding   Subchapter S to read as follows:   SUBCHAPTER S.   HOMELAND SECURITY DIVISION           Sec. 411.551. DEFINITIONS. In this subchapter:                 (1)     "Chief" means the chief of the division appointed   under Section 411.552.                 (2)     "Division" means the Homeland Security Division of   the department established under this subchapter.                 (3)   "Homeland security activity" has the meaning   assigned by Section 421.001.                 (4)     "Local government" includes any municipality,   county, special-purpose district or authority, or other political   subdivision of this state.                 (5)     "State agency" means a board, commission, council,   committee, department, office, agency, or other governmental   entity in the executive, legislative, or judicial branch of state   government. The term includes an institution of higher education as   defined by Section 61.003, Education Code.           Sec. 411.552. HOMELAND SECURITY DIVISION; CHIEF.   (a)   The   Homeland Security Division is established in the department to lead   multi-agency, multi-jurisdictional, and public-private efforts to   enhance the security and resiliency of this state.           (b)     The director shall appoint the chief with the consent of   the commission and may assign to the division and the chief   department duties that relate to a homeland security activity.           (c)     The chief acts as the chief administrative officer of   the division and is under the supervision and direction of the   director, and to the extent the director determines, a deputy   director of the department.           Sec. 411.553. DEPUTY CHIEFS AND OTHER EMPLOYEES; DELEGATION.     (a)   The chief may employ deputy chiefs and other employees as   necessary to perform the duties or exercise the powers of the   division or perform any duty or exercise any power of the department   assigned to the division.           (b)   The chief may delegate any power or duty assigned to the   division or chief unless prohibited by statute or rule.           Sec. 411.554. BORDER SECURITY: PLANNING AND COORDINATION.   (a)   The division shall, in collaboration with any other person who   by law performs similar duties:                 (1)     provide the strategic and operational planning for   border security operations of this state; and                 (2)     support the border security operations of this   state by coordinating the efforts of federal and state agencies,   local governments, and private organizations and by ensuring   clarity and alignment on the priorities and responsibilities of   each stakeholder.           (b)   The division shall assist as necessary the department,   including each department region, with the department's tactical   planning of border security operations.   The division shall produce   intelligence and similar reports as necessary to provide the   assistance required by this subsection.           Sec. 411.555. BORDER SECURITY:   INTELLIGENCE.   (a)   The   division shall coordinate the collection, dissemination, and   analysis of intelligence for this state's border security   operations and shall operate intelligence centers dedicated to this   purpose.           (b)   The division shall establish policies and procedures   relating to the collection and management of intelligence,   including establishing collection priorities and assigning the   management responsibilities, for state agencies, local   governments, and any private organizations participating in border   security operations.           (c)   With respect to the border security operations of this   state, the division shall analyze and assess collected intelligence   to produce information bulletins and other similar reports   considered advisable.           (d)   The division shall manage the program for the   installation and monitoring of cameras and surveillance equipment   along the Texas-Mexico border, known as Operation Drawbridge.           Sec. 411.556. HOMELAND SECURITY PLANNING AND PREPAREDNESS.   (a)   The division shall, in collaboration with any other person who   by law performs similar duties:                 (1)     regularly develop a comprehensive homeland   security strategic plan for this state;                 (2)     plan and facilitate homeland security exercises in   coordination with state and federal agencies, local governments,   and any participating private organizations, including exercises   to enhance the capabilities of the state operations center   described by Section 418.041(e);                 (3)   develop operational and tactical plans for   significant law enforcement emergencies or contingencies,   including assisting each department region with developing plans   specific to the needs of that region;                 (4)   conduct assessments of risks and hazards to this   state and the capabilities of state and local stakeholders to   respond to the occurrence of those risks and hazards, including   coordinating the annual completion by state agencies and local   governments of the following federal assessments:                       (A)     the Threat and Hazard Identification and Risk   Assessment; and                       (B)  the Stakeholder Preparedness Review;                 (5)   establish programs for regular outreach to and   information sharing among public and private organizations   regarding homeland security preparedness, including:                       (A)   coordinating the Bomb-Making Materials   Awareness Program and similar programs; and                       (B)   ensuring private industry organizations are   aware of:                             (i)   threats to critical infrastructure,   such as espionage and sabotage operations;                             (ii)   best practices for protecting critical   infrastructure; and                             (iii)   available resources to assist in   protecting critical infrastructure and responding to those   threats; and                 (6)   assist state agencies and local governments in   complying with restrictions under federal law on commerce with   certain entities, including any entity:                       (A)   listed in Supplement No. 4 to 15 C.F.R. Part   744;                       (B)   identified as a Chinese military company by   the United States Secretary of Defense in accordance with Section   1260H of the National Defense Authorization Act for Fiscal Year   2021 (Pub. L. 116-283); or                       (C)   restricted under any similar sanction program   under federal law.           (b)   The division shall develop any additional assessment for   risks and hazards, including for events such as mass migrations and   acute demands on critical infrastructure, the division considers   necessary and include in the strategic plan required by Subsection   (a)(1) recommendations to mitigate those risks and hazards.           (c)   The division may administer, or assist the department in   administering, an internship program for students and other   interested persons to participate in the operations of the   division, or the department, as appropriate.           Sec. 411.557. CRITICAL INFRASTRUCTURE PLANNING.   (a)   The   division shall coordinate multi-agency, multi-jurisdictional, and   public-private efforts to protect the critical infrastructure in   this state. Within the 16 critical infrastructure sectors   identified by the United States National Security Memorandum 22   (NSM-22), the division shall prioritize the division's efforts in   ensuring the protection of critical infrastructure in the following   sectors:                 (1)  energy;                 (2)  communications;                 (3)  transportation systems; and                 (4)  water and wastewater systems.           (b)   With respect to potential threats to the critical   infrastructure in this state, the division may analyze and assess   collected intelligence to produce information bulletins and other   similar reports considered advisable.           (c)   The division shall develop a system to identify and   categorize critical infrastructure in this state for the purpose of   facilitating initiatives to protect the critical infrastructure,   including for facilitating any risk assessment of critical   infrastructure assets or systems in this state and identifying any   dependency or interdependency among those assets or systems.           (d)   The division shall conduct exercises to enhance   public-private coordination in protecting the critical   infrastructure of this state.           (e)   During any disaster, as that term is defined by Section   418.004, the division shall provide support to the state operations   center described by Section 418.041(e).           Sec. 411.558. INFRASTRUCTURE LIAISON OFFICER PROGRAM. (a)     The division shall operate a program to train volunteers from   public and private organizations to:                 (1)   collect or receive intelligence information   related to threats to critical infrastructure; and                 (2)   properly identify threats to critical   infrastructure and report those threats to the department.           (b)     The division may set reasonable eligibility   requirements for the program.           Sec. 411.559. WORK GROUPS; STUDY OF TECHNOLOGIES.   (a)   The   division may establish and appoint members to one or more work   groups to:             & [Text truncated for display. Full text available on LegiScan.]