(a) All recognized fusion centers shall participate in an annual risk and vulnerability assessment process identified by the department to verify the achievement and maintenance of baseline fusion center capabilities, additional recommended fusion center capabilities documented by the U.S. Department of Homeland Security and the capabilities in §38.2 of this title (relating to Common Concept of Operations for Fusion Centers).
(b) The director shall report the findings of the annual fusion center assessments to the Office of the Governor.
(c) The department may audit a recognized fusion center's adherence to the processes identified in the annual baseline capability assessment and the authenticity and accuracy of information reported during the annual baseline capability assessment.
(d) The annual capabilities assessment submitted by a recognized fusion center to the department is collected and reported by the department to the Office of the Governor for the purpose of identifying risk and vulnerability of the state's homeland security and information sharing and analytical network and shall be considered confidential under Texas Government Code, §418.177.

Source Note: The provisions of this §38.3 adopted to be effective March 8, 2021, 46 TexReg 1512