HB118 - Relating to the establishment and powers and duties of the Texas Advisory Committee on Geopolitical Conflict.

  89R19683 LRM-F     By: Hefner, et al. H.B. No. 118     Substitute the following for H.B. No. 118:     By:  Hefner C.S.H.B. No. 118       A BILL TO BE ENTITLED   AN ACT   relating to the establishment and powers and duties of the Texas   Advisory Committee on Geopolitical Conflict.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 4, Government Code, is amended   by adding Chapter 438 to read as follows:   CHAPTER 438.   TEXAS ADVISORY COMMITTEE ON GEOPOLITICAL CONFLICT   SUBCHAPTER A.   GENERAL PROVISIONS           Sec.   438.001.     SHORT TITLE.   This chapter may be cited as the   Texas Geopolitical Conflict Stress Test Act.           Sec.   438.002.     POLICY STATEMENT. (a)   It is the policy of   this state to support the civilian and military command of the   United States and its efforts to promote and maintain prosperity,   peace, and security for the United States and its allies.   It is the   policy of this state to enhance the defensive posture of this state,   to protect the citizens and assets of this state, and to contribute   to the broader defensive posture of the United States by reducing   security vulnerabilities within this state.           (b)     It is the policy of this state to exercise foresight and   make reasonable preparations for a potential geopolitical conflict   that:                 (1)     involves attacks on the United States and its   allies;                 (2)     involves asymmetrical attacks on the United States   homeland; and                 (3)     causes the disruption or complete severing of   supply chains between this state and international trade partners.           Sec. 438.003.  DEFINITIONS. In this chapter:                 (1)     "Advisory committee" means the Texas Advisory   Committee on Geopolitical Conflict established under this chapter.                 (2)     "Critical infrastructure" means a publicly or   privately owned system or asset, whether physical or virtual, so   vital to this state or to the United States that the incapacity or   destruction of the system or asset would have a debilitating impact   on state or national security, state or national economic security,   state or national public health, or any combination of these, and   includes:                       (A)     an oil and gas production, storage, or   delivery system;                       (B)     a water supply, refinement, storage, or   delivery system;                       (C)  a communications network;                       (D)  an electrical power delivery system;                       (E)  an emergency service system;                       (F)  a transportation system or service;                       (G)     a personal data or classified information   storage system, including a cybersecurity system; or                       (H)  a military installation.                 (3)     "Critical procurement" means a purchase made by a   state agency, a political subdivision of this state, or a private   nongovernmental organization that is critical to the proper   functioning of state services, state operations, or the operations   of this state's critical infrastructure, or the health, safety, or   security of this state's citizens.                 (4)     "Drug supply chain" means the end-to-end process   for manufacturing, acquiring, shipping, and vending prescription   drugs beginning at any point of origin and ending in this state,   including acquiring and shipping any key starting materials and   active pharmaceutical ingredients necessary to manufacture and   distribute prescription drugs in this state.                 (5)  "Geopolitical conflict" means:                       (A)     a declared war or armed conflict between the   United States or any of its allies and another nation that occurs in   the land, air, or sea and threatens or could reasonably escalate to   threaten the supply chains, critical infrastructure, safety, or   security of this state or the United States; or                       (B)     a significant deterioration of diplomatic   ties or economic engagement between the United States or its allies   and another nation that threatens the status quo of trade, travel,   and military operations or exercises.                 (6)     "State supply chain" means the end-to-end process   for shipping goods purchased by a state agency or a political   subdivision of this state to the state agency or political   subdivision, beginning at the point of origin through any point of   distribution, including through vendors, to the destination.                 (7)     "Texas National Guard" has the meaning assigned by   Section 437.001.   SUBCHAPTER B.   ADVISORY COMMITTEE           Sec.   438.101.     ESTABLISHMENT OF TEXAS ADVISORY COMMITTEE ON   GEOPOLITICAL CONFLICT. The Texas Advisory Committee on   Geopolitical Conflict is established to:                 (1)     develop state security strategies and policies   before a geopolitical conflict occurs; and                 (2)     collect and prepare information to assist in   enhancing this state's command-and-control functions in the event   of a conflict described by Subdivision (1).           Sec.   438.102.     ADVISORY COMMITTEE COMPOSITION AND   ADMINISTRATION. (a)   The advisory committee consists of the   following nine members:                 (1)  one member appointed by the governor;                 (2)     a representative of the Texas National Guard,   appointed by the governor;                 (3)  two members appointed by the lieutenant governor;                 (4)     two members appointed by the speaker of the house   of representatives;                 (5)     the adjutant general or the adjutant general's   designee;                 (6)     the public safety director of the Department of   Public Safety or the public safety director's designee; and                 (7)     the chief of the Texas Division of Emergency   Management or the chief's designee.           (b)     In making appointments to the advisory committee, the   governor, lieutenant governor, and speaker of the house of   representatives shall appoint individuals who have applicable   knowledge of the threats posed to this state in the event of a   geopolitical conflict.           Sec.   438.103.     TERMS; VACANCY. (a)   Except as provided by   Subsection (b), the appointed advisory committee members shall   serve for a term of two years.           (b)     Subsection (a) does not apply to the advisory committee   members described by Sections 438.102(a)(5), (6), and (7).           (c)     If a vacancy occurs on the advisory committee, the   appropriate appointing authority shall appoint a successor in the   same manner as the original appointment.           Sec.   438.104.     ADVISORY COMMITTEE OFFICERS. (a) The member   appointed by the governor under Section 438.102(a)(1) shall serve   as chair of the advisory committee and must have applicable   knowledge of the threats posed to this state in the event of a   geopolitical conflict and the research and leadership experience to   competently and comprehensively perform the advisory committee's   duties.           (b)     The lieutenant governor shall designate one appointee   to serve as vice chair of the advisory committee.           (c)     The advisory committee may elect additional officers   from among its members.           (d)     The advisory committee shall establish and approve   duties and responsibilities for advisory committee officers.           Sec.   438.105.     REIMBURSEMENT FOR EXPENSES. A member of the   advisory committee is not entitled to compensation for service on   the committee but is entitled to reimbursement for actual and   necessary expenses incurred in performing committee duties as   provided by the General Appropriations Act.           Sec.   438.106.     MEETINGS. (a)   The advisory committee shall   meet at least once every three months, with additional meetings on   the call of:                 (1)     a majority of the members of the advisory   committee; or                 (2)  the governor.           (b)     Advisory committee meetings are not subject to Chapter   551.           Sec.   438.107.     GIFTS AND GRANTS.   The advisory committee may   accept gifts, grants, and donations to pay for the advisory   committee's activities under this chapter.   SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY COMMITTEE           Sec.   438.201.     GENERAL POWERS. (a)   The advisory committee   may consult with and retain external advisors to provide expertise   and collaborative research support.           (b)     The advisory committee may conduct field   investigations, hold hearings, receive testimony in any form,   consult with federal and state officials, and otherwise take any   lawful action to carry out the purposes of the advisory committee.           Sec.   438.202.     TABLETOP EXERCISE; REPORT.   (a)   The advisory   committee, with assistance from the Texas National Guard, shall   conduct a tabletop exercise centered on an invasion by a foreign   adversary.   The exercise must explore the following scenarios:                 (1)     a scenario that would result in aggression against   the armed forces of the United States; and                 (2)     a scenario that would involve intentional or   incidental damage to a state supply chain, a critical   infrastructure facility, or another asset.           (b)     The advisory committee shall produce and submit to the   governor a report describing how a geopolitical conflict would   impact this state not later than May 29, 2026.   The advisory   committee may request additional tabletop exercise reports   following the initial report.           (c)     For the purpose of conducting a tabletop exercise under   this section, an entity providing electric or gas utility services   is not required to disclose the specific locations of the entity's   critical infras [Text truncated for display. 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