By Carter H.B. No. 1544
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing 9-1-1 emergency service to certain
1-3 residential facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 771.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 771.001. Definitions. In this chapter:
1-8 (1) "Advisory commission" means the Advisory
1-9 Commission on State Emergency Communications.
1-10 (2) "Business service user" means a business service
1-11 that provides telecommunications service, including 9-1-1 service,
1-12 to residential end users through a private telephone switch.
1-13 (3) "Emergency communication district" means:
1-14 (A) a public agency or group of public agencies
1-15 acting jointly that provided 9-1-1 service before September 1,
1-16 1987, or that had voted or contracted before that date to provide
1-17 that service; or
1-18 (B) a district created under Subchapter B, C, or
1-19 D, Chapter 772.
1-20 (4) <(3)> "Intrastate long distance service provider"
1-21 means a telecommunications carrier providing intrastate long
1-22 distance service, as defined by the advisory commission.
1-23 (5) <(4)> "Local exchange service provider" means a
1-24 telecommunications carrier providing telecommunications service in
2-1 a local exchange service area under a certificate of public
2-2 convenience and necessity issued by the Public Utility Commission
2-3 of Texas.
2-4 (6) <(5)> "9-1-1 service" means a telecommunications
2-5 service that provides the user of the public telephone system the
2-6 ability to reach a public safety answering point by dialing the
2-7 digits 9-1-1.
2-8 (7) <(6)> "Public agency" means the state, a
2-9 municipality, a county, an emergency communication district, a
2-10 regional planning commission, or any other political subdivision or
2-11 district that provides or has authority to provide fire-fighting,
2-12 law enforcement, ambulance, medical, 9-1-1, or other emergency
2-13 services.
2-14 (8) <(7)> "Public safety agency" means the division of
2-15 a public agency that provides fire-fighting, police, medical, or
2-16 other emergency services, or a private entity that provides
2-17 emergency medical or ambulance services.
2-18 (9) <(8)> "Public safety answering point" means a
2-19 continuously operated communications facility that is assigned the
2-20 responsibility to receive 9-1-1 calls and, as appropriate, to
2-21 dispatch public safety services or to extend, transfer, or relay
2-22 9-1-1 calls to appropriate public safety agencies.
2-23 (10) <(9)> "Regional planning commission" means a
2-24 commission established under Chapter 391, Local Government Code.
2-25 SECTION 2. Section 771.053(a), Health and Safety Code, is
2-26 amended to read as follows:
2-27 (a) A service provider of telecommunications service
3-1 involved in providing 9-1-1 service, a manufacturer of equipment
3-2 used in providing 9-1-1 service, or an officer or employee of a
3-3 service provider <of telecommunications service> involved in
3-4 providing 9-1-1 service is not liable for any claim, damage, or
3-5 loss arising from the provision of 9-1-1 service unless the act or
3-6 omission proximately causing the claim, damage, or loss constitutes
3-7 gross negligence, recklessness, or intentional misconduct.
3-8 SECTION 3. Subchapter C, Chapter 771, Health and Safety
3-9 Code, is amended by adding Section 771.060 to read as follows:
3-10 Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE
3-11 SWITCHES. A business service user that provides residential
3-12 facilities and owns or leases a private telephone switch used to
3-13 provide telephone service to facility residents shall provide to
3-14 those residential end users the same level of 9-1-1 service that a
3-15 service supplier is providing to other residential end users in the
3-16 area participating in the regional plan under Section 771.051(2).
3-17 SECTION 4. Section 771.071(a), Health and Safety Code, is
3-18 amended to read as follows:
3-19 (a) Except as otherwise provided by this subchapter, the
3-20 advisory commission may impose a 9-1-1 emergency service fee on
3-21 each local exchange access line or equivalent local exchange access
3-22 line, including lines of customers in an area served by an
3-23 emergency communication district participating in the applicable
3-24 regional plan. If a business service user provides residential
3-25 facilities, each line that terminates at a residential unit, and
3-26 that is a communication link equivalent to a residential local
3-27 exchange access line, shall be charged the 9-1-1 emergency service
4-1 fee. The fee may not be imposed on a line to coin-operated public
4-2 telephone equipment or to public telephone equipment operated by
4-3 coin or by card reader. For purposes of this section, the advisory
4-4 commission shall determine what constitutes an equivalent local
4-5 exchange access line.
4-6 SECTION 5. Sections 771.073(b), (c), and (d), Health and
4-7 Safety Code, are amended to read as follows:
4-8 (b) A business service user that provides residential
4-9 facilities and owns or leases a private telephone switch used to
4-10 provide telephone service to facility residents shall collect the
4-11 9-1-1 emergency service fee and transmit the fees monthly to the
4-12 regional planning commission or other entity designated by the
4-13 commission to collect the fee. A business service user that does
4-14 not collect and remit the 9-1-1 emergency service fee as required
4-15 is subject to a civil cause of action. A court may award court
4-16 costs, attorney's fees, and interest on the amount delinquent at an
4-17 annual rate of 12 percent, to be paid by the nonpaying business
4-18 service user. A sworn affidavit by the entity that administers the
4-19 9-1-1 service specifying the unremitted fees is prima facie
4-20 evidence that the fees were not remitted and of the amount of the
4-21 unremitted fees.
4-22 (c) The regional planning commission or a public agency
4-23 designated by the regional planning commission may establish
4-24 collection procedures and recover the cost of collection from the
4-25 customer liable for the fee or surcharge. The regional planning
4-26 commission or designated public agency may institute legal
4-27 proceedings to collect a fee or surcharge and in those proceedings
5-1 is entitled to recover from the customer court costs, attorney's
5-2 fees, and an interest on the amount delinquent. The interest is
5-3 computed at an annual rate of 12 percent beginning on the date the
5-4 fee or surcharge becomes due.
5-5 (d) <(c)> A service provider may not disconnect services for
5-6 nonpayment of a fee or surcharge imposed under this subchapter.
5-7 (e) <(d)> A service provider collecting fees or surcharges
5-8 under this subchapter may retain as an administrative fee an amount
5-9 equal to two percent of the total amount collected.
5-10 SECTION 6. Section 771.075, Health and Safety Code, is
5-11 amended to read as follows:
5-12 Sec. 771.075. Use of Revenue. Except as provided by Section
5-13 771.072(e) or 771.073(e) <771.073(d)>, fees and surcharges
5-14 collected under this subchapter may be used only for planning,
5-15 development, and provision of 9-1-1 service as approved by the
5-16 advisory commission.
5-17 SECTION 7. Section 772.001, Health and Safety Code, is
5-18 amended by amending Subdivision (17) and adding Subdivision (20) to
5-19 read as follows:
5-20 (17) "Service user" means a person that is provided
5-21 local exchange access lines, or their equivalent, in an emergency
5-22 communication district.
5-23 (20) "Business service user" means a business service
5-24 that provides telecommunications service, including 9-1-1 service,
5-25 to residential end users through a private telephone switch.
5-26 SECTION 8. Section 772.114(b), Health and Safety Code, is
5-27 amended to read as follows:
6-1 (b) The fee may be imposed only on the base rate charge or
6-2 its equivalent, excluding charges for coin-operated telephone
6-3 equipment. The fee may not be imposed on more than 100 local
6-4 exchange access lines or their equivalent for a single business
6-5 entity at a single location, unless the lines are used by residents
6-6 of the location. If a business service user provides residential
6-7 facilities, each line that terminates at a residential unit and
6-8 that is a communication link equivalent to a residential local
6-9 exchange access line, shall be charged the 9-1-1 emergency service
6-10 fee. The fee must have uniform application and must be imposed in
6-11 each participating jurisdiction.
6-12 SECTION 9. Section 772.115, Health and Safety Code, is
6-13 amended to read as follows:
6-14 Sec. 772.115. Collection of Fee. (a) Each billed service
6-15 user is liable for the fee imposed under Section 772.114 until the
6-16 fee is paid to the service supplier. The fee must be added to and
6-17 stated separately in the service user's bill from the service
6-18 supplier. The service supplier shall collect the fee at the same
6-19 time as the service charge to the service user in accordance with
6-20 the regular billing practice of the service supplier. A business
6-21 service user that provides residential facilities and owns or
6-22 leases a private telephone switch used to provide telephone service
6-23 to facility residents shall collect the 9-1-1 emergency service fee
6-24 and transmit the fees monthly to the district.
6-25 (b) The amount collected by a service supplier from the fee
6-26 is due quarterly. The service supplier shall remit the amount
6-27 collected in a calendar quarter to the district not later than the
7-1 60th day after the last day of the calendar quarter. With each
7-2 payment the service supplier shall file a return in a form
7-3 prescribed by the board.
7-4 (c) Both a <A> service supplier and a business service user
7-5 under Subsection (a) shall maintain records of the amount of fees
7-6 it collects for at least two years after the date of collection.
7-7 The board may require at the board's expense an annual audit of a
7-8 service supplier's books and records or the books and records of a
7-9 business service user described by Subsection (a) with respect to
7-10 the collection and remittance of the fees.
7-11 (d) A business service user that does not collect and remit
7-12 the 9-1-1 emergency service fee as required is subject to a civil
7-13 cause of action under Subsection (g). A sworn affidavit by the
7-14 district specifying the unremitted fees is prima facie evidence
7-15 that the fees were not remitted and of the amount of the unremitted
7-16 fees.
7-17 (e) A service supplier is entitled to retain an
7-18 administrative fee from the amount of fees it collects. The amount
7-19 of the administrative fee is two percent of the amount of fees it
7-20 collects under this section.
7-21 (f) <(e)> A service supplier is not required to take any
7-22 legal action to enforce the collection of the 9-1-1 emergency
7-23 service fee. However, the service supplier shall provide the
7-24 district with an annual certificate of delinquency that includes
7-25 the amount of all delinquent fees and the name and address of each
7-26 nonpaying service user. The certificate of delinquency is prima
7-27 facie evidence that a fee included in the certificate is
8-1 delinquent. A service user account is considered delinquent if the
8-2 fee is not paid to the service supplier before the 31st day after
8-3 the payment due date stated on the user's bill from the service
8-4 supplier.
8-5 (g) <(f)> The district may institute legal proceedings to
8-6 collect fees not paid and may establish internal collection
8-7 procedures and recover the cost of collection from the nonpaying
8-8 service user. If legal proceedings are established, the court may
8-9 award the district court costs, attorney's fees, and interest to be
8-10 paid by the nonpaying service user. A delinquent fee accrues
8-11 interest at an annual rate of 12 percent beginning on the date the
8-12 payment becomes due.
8-13 SECTION 10. Section 772.118, Health and Safety Code, is
8-14 amended by amending Subsections (b) and (c) and adding Subsection
8-15 (d) to read as follows:
8-16 (b) A business service user that provides residential
8-17 facilities and owns or leases a private telephone switch used to
8-18 provide telephone service to facility residents shall provide to
8-19 those residential end users the same level of 9-1-1 service that a
8-20 service supplier is required to provide under Subsection (a) to
8-21 other residential end users in the district.
8-22 (c) Information furnished under this section is confidential
8-23 and is not available for public inspection.
8-24 (d) <(c)> A service supplier or a business service user
8-25 under Subsection (b) <provider> is not liable to a <any> person who
8-26 uses a 9-1-1 system created under this subchapter for the release
8-27 to the district of the information specified in Subsections
9-1 <Subsection> (a) and (b).
9-2 SECTION 11. Section 772.214(b), Health and Safety Code, is
9-3 amended to read as follows:
9-4 (b) The fee may be imposed only on the base rate charge or
9-5 its equivalent, excluding charges for coin-operated telephone
9-6 equipment. The fee may not be imposed on more than 100 local
9-7 exchange access lines or their equivalent for a single business
9-8 entity at a single location, unless the lines are used by residents
9-9 of the location. If a business service user provides residential
9-10 facilities, each line that terminates at a residential unit and
9-11 that is a communication link equivalent to a residential local
9-12 exchange access line shall be charged the 9-1-1 emergency service
9-13 fee. The fee must have uniform application and must be imposed in
9-14 each participating jurisdiction.
9-15 SECTION 12. Section 772.215, Health and Safety Code, is
9-16 amended to read as follows:
9-17 Sec. 772.215. COLLECTION OF FEE. (a) Each billed service
9-18 user is liable for the fee imposed under Section 772.214 until the
9-19 fee is paid to the service supplier. The fee must be added to and
9-20 stated separately in the service user's bill from the service
9-21 supplier. The service supplier shall collect the fee at the same
9-22 time as the service charge to the service user in accordance with
9-23 the regular billing practice of the service supplier. A business
9-24 service user that provides residential facilities and owns or
9-25 leases a private telephone switch used to provide telephone service
9-26 to facility residents shall collect the 9-1-1 emergency service fee
9-27 and transmit the fees monthly to the district.
10-1 (b) The amount collected by a service supplier from the fee
10-2 is due monthly. The service supplier shall remit the amount
10-3 collected in a calendar month to the district not later than the
10-4 60th day after the last day of the calendar month. With each
10-5 payment the service supplier shall file a return in a form
10-6 prescribed by the board.
10-7 (c) Both a <A> service supplier and a business service user
10-8 under Subsection (a) shall maintain records of the amount of fees
10-9 it collects for at least two years after the date of collection.
10-10 The board may require at the board's expense an annual audit of a
10-11 service supplier's books and records or the books and records of a
10-12 business service user described by Subsection (a) with respect to
10-13 the collection and remittance of the fees.
10-14 (d) A business service user that does not collect and remit
10-15 the 9-1-1 emergency service fee as required is subject to a civil
10-16 cause of action under Subsection (g). A sworn affidavit by the
10-17 district specifying the unremitted fees is prima facie evidence
10-18 that the fees were not remitted and of the amount of the unremitted
10-19 fees.
10-20 (e) A service supplier is entitled to retain an
10-21 administrative fee from the amount of fees it collects. The amount
10-22 of the administrative fee is two percent of the amount of fees it
10-23 collects under this section.
10-24 (f) <(e)> A service supplier is not required to take any
10-25 legal action to enforce the collection of the 9-1-1 emergency
10-26 service fee. However, the service supplier shall provide the
10-27 district with an annual certificate of delinquency that includes
11-1 the amount of all delinquent fees and the name and address of each
11-2 nonpaying service user. The certificate of delinquency is prima
11-3 facie evidence that a fee included in the certificate is
11-4 delinquent. A service user account is considered delinquent if the
11-5 fee is not paid to the service supplier before the 31st day after
11-6 the payment due date stated on the user's bill from the service
11-7 supplier.
11-8 (g) <(f)> The district may institute legal proceedings to
11-9 collect fees not paid and may establish internal collection
11-10 procedures and recover the cost of collection from the nonpaying
11-11 service user. If the district prevails in legal proceedings
11-12 instituted to collect a fee, the court may award the district court
11-13 costs, attorney's fees, and interest in addition to other amounts
11-14 recovered. A delinquent fee accrues interest at an annual rate of
11-15 12 percent beginning on the date the payment becomes due.
11-16 SECTION 13. Section 772.218, Health and Safety Code, is
11-17 amended by amending Subsections (b) and (c) and adding Subsection
11-18 (d) to read as follows:
11-19 (b) A business service user that provides residential
11-20 facilities and owns or leases a private telephone switch used to
11-21 provide telephone service to facility residents shall provide to
11-22 those residential end users the same level of 9-1-1 service that a
11-23 service supplier is required to provide under Subsection (a) to
11-24 other residential end users in the district.
11-25 (c) Information furnished under this section is confidential
11-26 and is not available for public inspection.
11-27 (d) <(c)> A service supplier or business service user under
12-1 Subsection (b) <provider> is not liable to a <any> person who uses
12-2 a 9-1-1 system created under this subchapter for the release to the
12-3 district of the information specified in Subsections <Subsection>
12-4 (a) and (b).
12-5 SECTION 14. Section 772.314(b), Health and Safety Code, is
12-6 amended to read as follows:
12-7 (b) The fee may be imposed only on the base rate charge or
12-8 its equivalent, excluding charges for coin-operated telephone
12-9 equipment. The fee may not be imposed on more than 100 local
12-10 exchange access lines or their equivalent for a single business
12-11 entity at a single location, unless the lines are used by residents
12-12 of the location. If a business service user provides residential
12-13 facilities, each line that terminates at a residential unit and
12-14 that is a communication link equivalent to a residential local
12-15 exchange access line shall be charged the 9-1-1 emergency service
12-16 fee. The fee must have uniform application and must be imposed in
12-17 each participating jurisdiction.
12-18 SECTION 15. Section 772.315, Health and Safety Code, is
12-19 amended to read as follows:
12-20 Sec. 772.315. COLLECTION OF FEE. (a) Each billed service
12-21 user is liable for the fee imposed under Section 772.314 until the
12-22 fee is paid to the service supplier. The fee must be added to and
12-23 stated separately in the service user's bill from the service
12-24 supplier. The service supplier shall collect the fee at the same
12-25 time as the service charge to the service user in accordance with
12-26 the regular billing practice of the service supplier. A business
12-27 service user that provides residential facilities and owns or
13-1 leases a private telephone switch used to provide telephone service
13-2 to facility residents shall collect the 9-1-1 emergency service fee
13-3 and transmit the fees monthly to the district.
13-4 (b) The amount collected by a service supplier from the fee
13-5 is due monthly. The service supplier shall remit the amount
13-6 collected in a calendar month to the district not later than the
13-7 60th day after the last day of the calendar month. With each
13-8 payment the service supplier shall file a return in a form
13-9 prescribed by the board.
13-10 (c) Both a <A> service supplier and a business service user
13-11 under Subsection (a) shall maintain records of the amount of fees
13-12 it collects for at least two years after the date of collection.
13-13 The board may require at the board's expense an annual audit of a
13-14 service supplier's books and records or the books and records of a
13-15 business service user described by Subsection (a) with respect to
13-16 the collection and remittance of the fees.
13-17 (d) A business service user that does not collect and remit
13-18 the 9-1-1 emergency service fee as required is subject to a civil
13-19 cause of action under Subsection (g). A sworn affidavit by the
13-20 district specifying the unremitted fees is prima facie evidence
13-21 that the fees were not remitted and of the amount of the unremitted
13-22 fees.
13-23 (e) A service supplier is entitled to retain an
13-24 administrative fee from the amount of fees it collects. The amount
13-25 of the administrative fee is two percent of the amount of fees it
13-26 collects under this section.
13-27 (f) <(e)> A service supplier is not required to take any
14-1 legal action to enforce the collection of the 9-1-1 emergency
14-2 service fee. However, the service supplier shall provide the
14-3 district with an annual certificate of delinquency that includes
14-4 the amount of all delinquent fees and the name and address of each
14-5 nonpaying service user. The certificate of delinquency is prima
14-6 facie evidence that a fee included in the certificate is
14-7 delinquent. A service user account is considered delinquent if the
14-8 fee is not paid to the service supplier before the 31st day after
14-9 the payment due date stated on the user's bill from the service
14-10 supplier.
14-11 (g) <(f)> The district may institute legal proceedings to
14-12 collect fees not paid and may establish internal collection
14-13 procedures and recover the cost of collection from the nonpaying
14-14 service user. If the district prevails in legal proceedings
14-15 instituted to collect a fee, the court may award the district court
14-16 costs, attorney's fees, and interest in addition to other amounts
14-17 recovered. A delinquent fee accrues interest at an annual rate of
14-18 12 percent beginning on the date the payment becomes due.
14-19 SECTION 16. Section 772.318, Health and Safety Code, is
14-20 amended by amending Subsections (b) and (c) and adding Subsection
14-21 (d) to read as follows:
14-22 (b) A business service user that provides residential
14-23 facilities and owns or leases a private telephone switch used to
14-24 provide telephone service to facility residents shall provide to
14-25 those residential end users the same level of 9-1-1 service that a
14-26 service supplier is required to provide under Subsection (a) to
14-27 other residential end users in the district.
15-1 (c) Information furnished under this section is confidential
15-2 and is not available for public inspection.
15-3 (d) <(c)> A service supplier or business service user under
15-4 Subsection (b) <provider> is not liable to a <any> person who uses
15-5 a 9-1-1 system created under this subchapter for the release to the
15-6 district of the information specified in Subsections <Subsection>
15-7 (a) and (b).
15-8 SECTION 17. Section 772.403(a), Health and Safety Code, is
15-9 amended to read as follows:
15-10 (a) A county to which this subchapter applies may implement
15-11 a system for providing 9-1-1 service in the unincorporated areas of
15-12 the county and may impose a service fee on local exchange telephone
15-13 service customers in the area served. If a business service user
15-14 provides residential facilities, each line that terminates at a
15-15 residential unit and that is a communication link equivalent to a
15-16 residential local exchange access line shall be charged the 9-1-1
15-17 emergency service fee.
15-18 SECTION 18. Section 772.404, Health and Safety Code, is
15-19 amended by amending Subsection (c) and adding Subsection (d) to
15-20 read as follows:
15-21 (c) A business service user that provides residential
15-22 facilities and owns or leases a private telephone switch used to
15-23 provide telephone service to facility residents shall collect the
15-24 9-1-1 emergency service fee and transmit the fees monthly to the
15-25 county.
15-26 (d) A local exchange service provider collecting fees under
15-27 this subchapter may retain as an administrative fee an amount equal
16-1 to two percent of the total amount of the fees it collects.
16-2 SECTION 19. Subchapter E, Chapter 772, Health and Safety
16-3 Code, is amended by adding Section 772.406 to read as follows:
16-4 Sec. 772.406. NUMBER AND LOCATION IDENTIFICATION. A
16-5 business service user that provides residential facilities and owns
16-6 or leases a private telephone switch used to provide telephone
16-7 service to facility residents shall provide to those residential
16-8 end users the same level of 9-1-1 service relating to number and
16-9 location identification that a service supplier provides to other
16-10 residential end users in the county.
16-11 SECTION 20. A business service user shall provide the level
16-12 of 9-1-1 service required by this Act not later than September 1,
16-13 1994.
16-14 SECTION 21. The importance of this legislation and the
16-15 crowded condition of the calendars in both houses create an
16-16 emergency and an imperative public necessity that the
16-17 constitutional rule requiring bills to be read on three several
16-18 days in each house be suspended, and this rule is hereby suspended.