SB36 - 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.

      S.B. No. 36         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)     "Local government" means any municipality,   county, special-purpose district or authority, or other political   subdivision of this state.                 (4)     "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 law enforcement initiatives and operations in support of   homeland security objectives in this state.           (b)     The director shall appoint the chief with the consent of   the commission.           (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 law enforcement efforts of federal and   state agencies, local governments, and private organizations and by   ensuring clarity and alignment on the law enforcement 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 the Texas Division of Emergency Management and   other state agencies, federal agencies, local governments, and any   participating private organizations;                 (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:                       (A)     the risks and hazards posed to this state by   criminal actors and organizations; and                       (B)     the capabilities of state and local   stakeholders to respond to the occurrence of those risks and   hazards, including by coordinating the annual completion by state   agencies and local governments of the following federal   assessments:                             (i)     the Threat and Hazard Identification   and Risk Assessment; and                             (ii)  the Stakeholder Preparedness Review;                 (5)     establish programs for regular outreach to and   information sharing among public and private organizations   regarding threats by criminal actors and organizations, including:                       (A)     coordinating the Bomb-Making Materials   Awareness Program and similar programs; and                       (B)     ensuring private industry organizations are   aware of:                             (i)     criminal threats to critical   infrastructure, such as espionage and sabotage operations;                             (ii)     best practices for protecting critical   infrastructure from criminal actors and organizations; and                             (iii)     available law enforcement resources   to assist in protecting critical infrastructure from criminal   actors and organizations 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 posed by criminal actors and organizations   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.     PLANNING FOR PHYSICAL PROTECTION OF CRITICAL   INFRASTRUCTURE. (a) The division shall coordinate multi-agency,   multi-jurisdictional, and public-private efforts to protect the   critical infrastructure in this state from criminal actors and   organizations. Within the 16 critical infrastructure sectors   identified by National Security Memorandum on Critical   Infrastructure Security and Resilience (NSM-22) issued by the   president of the United States, the division shall prioritize the   division's efforts in ensuring the physical 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   from criminal actors and organizations, 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 from criminal actors and   organizations.           (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:          &# [Text truncated for display. Full text available on LegiScan.]