H.B. No. 2911

AN ACT

relating to next generation 9-1-1 service and the establishment of a next generation 9-1-1 service fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 771.001, Health and Safety Code, is amended by adding Subdivisions (5-a) and (5-b) and amending Subdivision (6) to read as follows:

(5-a) "Next generation 9-1-1 service" has the meaning assigned by 47 U.S.C. Section 942.

(5-b) "Next generation 9-1-1 service fund" means the next generation 9-1-1 service fund established under Section 771.0713.

(6) "9-1-1 service" means a communications service that connects users to a public safety answering point through a 9-1-1 system. The term includes next generation 9-1-1 service.

SECTION 2. Section 771.059, Health and Safety Code, is amended to read as follows:

Sec. 771.059. TARGET DATE [DEADLINE] FOR STATEWIDE NEXT GENERATION 9-1-1 SERVICE. Before September 1, 2025 [1995], all parts of the state must be covered by next generation 9-1-1 service.

SECTION 3. Subchapter D, Chapter 771, Health and Safety Code, is amended by adding Section 771.0713 to read as follows:

Sec. 771.0713. NEXT GENERATION 9-1-1 SERVICE FUND. (a) The next generation 9-1-1 service fund is created as a fund in the state treasury outside the general revenue fund.

(b) Notwithstanding any other law and except as provided by federal law, the comptroller shall transfer to the credit of the next generation 9-1-1 service fund any amount available from federal money provided to this state from the Coronavirus State and Local Fiscal Recovery Funds under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) or from any other federal governmental source for purposes of this chapter. The comptroller shall transfer the money as soon as practicable following the receipt by this state of a sufficient amount of federal money for the transfer.

(c) Money deposited to the credit of the next generation 9-1-1 service fund may be used only for the purpose of supporting the deployment and reliable operation of next generation 9-1-1 service, including the costs of equipment, operations, and administration. Money in the fund may be distributed to only the commission and emergency communication districts and must be used in a manner that complies with federal law.

(d) Interest earned on money deposited to the credit of the next generation 9-1-1 service fund is exempt from Section 404.071, Government Code. Interest on money in the fund shall be retained in the fund.

(e) The comptroller may issue guidelines for use by the commission and emergency communication districts in implementing this section.

(f) All money in the fund shall be distributed in accordance with this section not later than December 31, 2022, and all money distributed under this section shall be spent not later than December 31, 2024, for the deployment and reliable operation of next generation 9-1-1 service.

(g) This section expires September 1, 2025.

SECTION 4. Sections 771.0711(g) and (j), Health and Safety Code, are repealed.

SECTION 5. Not later than December 1, 2021, the comptroller of public accounts shall adopt rules necessary to establish and administer the next generation 9-1-1 service fund established under Section 771.0713, Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2021.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2911 was passed by the House on May 7, 2021, by the following vote: Yeas 103, Nays 40, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2911 on May 28, 2021, by the following vote: Yeas 117, Nays 30, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2911 was passed by the Senate, with amendments, on May 25, 2021, by the following vote: Yeas 30, Nays 1.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor