73R8201 E
By Carter H.B. No. 1544
Substitute the following for H.B. No. 1544:
By Carter C.S.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; providing criminal penalties.
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) 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 (b) A business service user that fails to provide the level
3-18 of 9-1-1 service required by this section is strictly liable for
3-19 damages for an injury sustained if the injured person demonstrates
3-20 that the business service user failed to provide the required
3-21 service and that the person attempted to use the 9-1-1 service in
3-22 connection with the injury sustained by that person. A sworn
3-23 affidavit from the entity that administers the 9-1-1 service
3-24 stating that the required level of 9-1-1 service was not provided
3-25 on the date of the injury is prima facie evidence that the business
3-26 user failed to provide the required level of 9-1-1 service.
3-27 Liability under this subsection results from failure to provide the
4-1 proper level of service and does not refer to specific instances of
4-2 failure of 9-1-1 service. Liability for specific instances of
4-3 failure of 9-1-1 service is as provided under Section 771.053(a).
4-4 (c) A business service user that fails to provide the level
4-5 of 9-1-1 service required by this section commits an offense. An
4-6 offense under this subsection is a Class A misdemeanor.
4-7 SECTION 4. Section 771.071(a), Health and Safety Code, is
4-8 amended to read as follows:
4-9 (a) Except as otherwise provided by this subchapter, the
4-10 advisory commission may impose a 9-1-1 emergency service fee on
4-11 each local exchange access line or equivalent local exchange access
4-12 line, including lines of customers in an area served by an
4-13 emergency communication district participating in the applicable
4-14 regional plan. If a business service user provides residential
4-15 facilities, each line that terminates at a residential unit, and
4-16 that is a communication link equivalent to a residential local
4-17 exchange access line, shall be charged the 9-1-1 emergency service
4-18 fee. The fee may not be imposed on a line to coin-operated public
4-19 telephone equipment or to public telephone equipment operated by
4-20 coin or by card reader. For purposes of this section, the advisory
4-21 commission shall determine what constitutes an equivalent local
4-22 exchange access line.
4-23 SECTION 5. Sections 771.073(b), (c), and (d), Health and
4-24 Safety Code, are amended to read as follows:
4-25 (b) A business service user that provides residential
4-26 facilities and owns or leases a private telephone switch used to
4-27 provide telephone service to facility residents shall collect the
5-1 9-1-1 emergency service fee and transmit the fees monthly to the
5-2 regional planning commission or other entity designated by the
5-3 commission to collect the fee. A business service user that does
5-4 not collect and remit the 9-1-1 emergency service fee as required
5-5 is subject to a civil cause of action and is liable for triple
5-6 damages. A court may award court costs, attorney's fees, and
5-7 interest on the amount delinquent at an annual rate of 12 percent,
5-8 to be paid by the nonpaying business service user. A sworn
5-9 affidavit by the entity that administers the 9-1-1 service
5-10 specifying the unremitted fees is prima facie evidence that the
5-11 fees were not remitted and of the amount of the unremitted fees.
5-12 (c) The regional planning commission or a public agency
5-13 designated by the regional planning commission may establish
5-14 collection procedures and recover the cost of collection from the
5-15 customer liable for the fee or surcharge. The regional planning
5-16 commission or designated public agency may institute legal
5-17 proceedings to collect a fee or surcharge and in those proceedings
5-18 is entitled to recover from the customer court costs, attorney's
5-19 fees, and an interest on the amount delinquent. The interest is
5-20 computed at an annual rate of 12 percent beginning on the date the
5-21 fee or surcharge becomes due.
5-22 (d) <(c)> A service provider may not disconnect services for
5-23 nonpayment of a fee or surcharge imposed under this subchapter.
5-24 (e) <(d)> A service provider collecting fees or surcharges
5-25 under this subchapter may retain as an administrative fee an amount
5-26 equal to two percent of the total amount collected.
5-27 SECTION 6. Section 771.075, Health and Safety Code, is
6-1 amended to read as follows:
6-2 Sec. 771.075. Use of Revenue. Except as provided by Section
6-3 771.072(e) or 771.073(e) <771.073(d)>, fees and surcharges
6-4 collected under this subchapter may be used only for planning,
6-5 development, and provision of 9-1-1 service as approved by the
6-6 advisory commission.
6-7 SECTION 7. Section 772.001, Health and Safety Code, is
6-8 amended by amending Subdivision (17) and adding Subdivision (20) to
6-9 read as follows:
6-10 (17) "Service user" means a person that is provided
6-11 local exchange access lines, or their equivalent, in an emergency
6-12 communication district.
6-13 (20) "Business service user" means a business service
6-14 that provides telecommunications service, including 9-1-1 service,
6-15 to residential end users through a private telephone switch.
6-16 SECTION 8. Section 772.114(b), Health and Safety Code, is
6-17 amended to read as follows:
6-18 (b) The fee may be imposed only on the base rate charge or
6-19 its equivalent, excluding charges for coin-operated telephone
6-20 equipment. The fee may not be imposed on more than 100 local
6-21 exchange access lines or their equivalent for a single business
6-22 entity at a single location, unless the lines are used by residents
6-23 of the location. If a business service user provides residential
6-24 facilities, each line that terminates at a residential unit and
6-25 that is a communication link equivalent to a residential local
6-26 exchange access line, shall be charged the 9-1-1 emergency service
6-27 fee. The fee must have uniform application and must be imposed in
7-1 each participating jurisdiction.
7-2 SECTION 9. Section 772.115, Health and Safety Code, is
7-3 amended to read as follows:
7-4 Sec. 772.115. Collection of Fee. (a) Each billed service
7-5 user is liable for the fee imposed under Section 772.114 until the
7-6 fee is paid to the service supplier. The fee must be added to and
7-7 stated separately in the service user's bill from the service
7-8 supplier. The service supplier shall collect the fee at the same
7-9 time as the service charge to the service user in accordance with
7-10 the regular billing practice of the service supplier. A business
7-11 service user that provides residential facilities and owns or
7-12 leases a private telephone switch used to provide telephone service
7-13 to facility residents shall collect the 9-1-1 emergency service fee
7-14 and transmit the fees monthly to the district.
7-15 (b) The amount collected by a service supplier from the fee
7-16 is due quarterly. The service supplier shall remit the amount
7-17 collected in a calendar quarter to the district not later than the
7-18 60th day after the last day of the calendar quarter. With each
7-19 payment the service supplier shall file a return in a form
7-20 prescribed by the board.
7-21 (c) Both a <A> service supplier and a business service user
7-22 under Subsection (a) shall maintain records of the amount of fees
7-23 it collects for at least two years after the date of collection.
7-24 The board may require at the board's expense an annual audit of a
7-25 service supplier's books and records or the books and records of a
7-26 business service user described by Subsection (a) with respect to
7-27 the collection and remittance of the fees.
8-1 (d) A business service user that does not collect and remit
8-2 the 9-1-1 emergency service fee as required is subject to a civil
8-3 cause of action under Subsection (g) and is liable for triple
8-4 damages. A sworn affidavit by the district specifying the
8-5 unremitted fees is prima facie evidence that the fees were not
8-6 remitted and of the amount of the unremitted fees.
8-7 (e) A service supplier is entitled to retain an
8-8 administrative fee from the amount of fees it collects. The amount
8-9 of the administrative fee is two percent of the amount of fees it
8-10 collects under this section.
8-11 (f) <(e)> A service supplier is not required to take any
8-12 legal action to enforce the collection of the 9-1-1 emergency
8-13 service fee. However, the service supplier shall provide the
8-14 district with an annual certificate of delinquency that includes
8-15 the amount of all delinquent fees and the name and address of each
8-16 nonpaying service user. The certificate of delinquency is prima
8-17 facie evidence that a fee included in the certificate is
8-18 delinquent. A service user account is considered delinquent if the
8-19 fee is not paid to the service supplier before the 31st day after
8-20 the payment due date stated on the user's bill from the service
8-21 supplier.
8-22 (g) <(f)> The district may institute legal proceedings to
8-23 collect fees not paid and may establish internal collection
8-24 procedures and recover the cost of collection from the nonpaying
8-25 service user. If legal proceedings are established, the court may
8-26 award the district court costs, attorney's fees, and interest to be
8-27 paid by the nonpaying service user. A delinquent fee accrues
9-1 interest at an annual rate of 12 percent beginning on the date the
9-2 payment becomes due.
9-3 SECTION 10. Section 772.118, Health and Safety Code, is
9-4 amended by amending Subsections (b) and (c) and adding Subsections
9-5 (d) and (e) to read as follows:
9-6 (b) A business service user that provides residential
9-7 facilities and owns or leases a private telephone switch used to
9-8 provide telephone service to facility residents shall provide to
9-9 those residential end users the same level of 9-1-1 service that a
9-10 service supplier is required to provide under Subsection (a) to
9-11 other residential end users in the district. A business service
9-12 user that fails to provide the level of 9-1-1 service required by
9-13 this subsection is strictly liable for damages for an injury
9-14 sustained if the person injured demonstrates that the business
9-15 service user failed to provide the required service and that the
9-16 person attempted to use the 9-1-1 service in connection with the
9-17 injury sustained by that person. A sworn affidavit from the
9-18 district stating that the required level of 9-1-1 service was not
9-19 provided on the date of the injury is prima facie evidence that the
9-20 business user failed to provide the required service. Liability
9-21 under this subsection results from failure to provide the proper
9-22 level of service and does not refer to specific instances of
9-23 failure of 9-1-1 service. Liability for specific instances of
9-24 failure of 9-1-1 service is as provided under Section 771.053(a).
9-25 (c) Information furnished under this section is confidential
9-26 and is not available for public inspection.
9-27 (d) <(c)> A service supplier or a business service user
10-1 under Subsection (b) <provider> is not liable to a <any> person who
10-2 uses a 9-1-1 system created under this subchapter for the release
10-3 to the district of the information specified in Subsections
10-4 <Subsection> (a) and (b).
10-5 (e) A business service user that fails to provide the level
10-6 of 9-1-1 service required by this section commits an offense. An
10-7 offense under this subsection is a Class A misdemeanor.
10-8 SECTION 11. Section 772.214(b), Health and Safety Code, is
10-9 amended to read as follows:
10-10 (b) The fee may be imposed only on the base rate charge or
10-11 its equivalent, excluding charges for coin-operated telephone
10-12 equipment. The fee may not be imposed on more than 100 local
10-13 exchange access lines or their equivalent for a single business
10-14 entity at a single location, unless the lines are used by residents
10-15 of the location. If a business service user provides residential
10-16 facilities, each line that terminates at a residential unit and
10-17 that is a communication link equivalent to a residential local
10-18 exchange access line shall be charged the 9-1-1 emergency service
10-19 fee. The fee must have uniform application and must be imposed in
10-20 each participating jurisdiction.
10-21 SECTION 12. Section 772.215, Health and Safety Code, is
10-22 amended to read as follows:
10-23 Sec. 772.215. COLLECTION OF FEE. (a) Each billed service
10-24 user is liable for the fee imposed under Section 772.214 until the
10-25 fee is paid to the service supplier. The fee must be added to and
10-26 stated separately in the service user's bill from the service
10-27 supplier. The service supplier shall collect the fee at the same
11-1 time as the service charge to the service user in accordance with
11-2 the regular billing practice of the service supplier. A business
11-3 service user that provides residential facilities and owns or
11-4 leases a private telephone switch used to provide telephone service
11-5 to facility residents shall collect the 9-1-1 emergency service fee
11-6 and transmit the fees monthly to the district.
11-7 (b) The amount collected by a service supplier from the fee
11-8 is due monthly. The service supplier shall remit the amount
11-9 collected in a calendar month to the district not later than the
11-10 60th day after the last day of the calendar month. With each
11-11 payment the service supplier shall file a return in a form
11-12 prescribed by the board.
11-13 (c) Both a <A> service supplier and a business service user
11-14 under Subsection (a) shall maintain records of the amount of fees
11-15 it collects for at least two years after the date of collection.
11-16 The board may require at the board's expense an annual audit of a
11-17 service supplier's books and records or the books and records of a
11-18 business service user described by Subsection (a) with respect to
11-19 the collection and remittance of the fees.
11-20 (d) A business service user that does not collect and remit
11-21 the 9-1-1 emergency service fee as required is subject to a civil
11-22 cause of action under Subsection (g) and is liable for triple
11-23 damages. A sworn affidavit by the district specifying the
11-24 unremitted fees is prima facie evidence that the fees were not
11-25 remitted and of the amount of the unremitted fees.
11-26 (e) A service supplier is entitled to retain an
11-27 administrative fee from the amount of fees it collects. The amount
12-1 of the administrative fee is two percent of the amount of fees it
12-2 collects under this section.
12-3 (f) <(e)> A service supplier is not required to take any
12-4 legal action to enforce the collection of the 9-1-1 emergency
12-5 service fee. However, the service supplier shall provide the
12-6 district with an annual certificate of delinquency that includes
12-7 the amount of all delinquent fees and the name and address of each
12-8 nonpaying service user. The certificate of delinquency is prima
12-9 facie evidence that a fee included in the certificate is
12-10 delinquent. A service user account is considered delinquent if the
12-11 fee is not paid to the service supplier before the 31st day after
12-12 the payment due date stated on the user's bill from the service
12-13 supplier.
12-14 (g) <(f)> The district may institute legal proceedings to
12-15 collect fees not paid and may establish internal collection
12-16 procedures and recover the cost of collection from the nonpaying
12-17 service user. If the district prevails in legal proceedings
12-18 instituted to collect a fee, the court may award the district court
12-19 costs, attorney's fees, and interest in addition to other amounts
12-20 recovered. A delinquent fee accrues interest at an annual rate of
12-21 12 percent beginning on the date the payment becomes due.
12-22 SECTION 13. Section 772.218, Health and Safety Code, is
12-23 amended by amending Subsections (b) and (c) and adding Subsections
12-24 (d) and (e) to read as follows:
12-25 (b) A business service user that provides residential
12-26 facilities and owns or leases a private telephone switch used to
12-27 provide telephone service to facility residents shall provide to
13-1 those residential end users the same level of 9-1-1 service that a
13-2 service supplier is required to provide under Subsection (a) to
13-3 other residential end users in the district. A business service
13-4 user that fails to provide the level of 9-1-1 service required by
13-5 this subsection is strictly liable for damages for an injury
13-6 sustained if the person injured demonstrates that the business
13-7 service user failed to provide the required service and that the
13-8 person attempted to use the 9-1-1 service in connection with the
13-9 injury sustained by that person. A sworn affidavit from the
13-10 district stating that the required level of 9-1-1 service was not
13-11 provided on the date of the injury is prima facie evidence that the
13-12 business user failed to provide the required service. Liability
13-13 under this subsection results from failure to provide the proper
13-14 level of service and does not refer to specific instances of
13-15 failure of 9-1-1 service. Liability for specific instances of
13-16 failure of 9-1-1 service is as provided under Section 771.053(a).
13-17 (c) Information furnished under this section is confidential
13-18 and is not available for public inspection.
13-19 (d) <(c)> A service supplier or business service user under
13-20 Subsection (b) <provider> is not liable to a <any> person who uses
13-21 a 9-1-1 system created under this subchapter for the release to the
13-22 district of the information specified in Subsections <Subsection>
13-23 (a) and (b).
13-24 (e) A business service user that fails to provide the level
13-25 of 9-1-1 service required by this section commits an offense. An
13-26 offense under this subsection is a Class A misdemeanor.
13-27 SECTION 14. Section 772.314(b), Health and Safety Code, is
14-1 amended to read as follows:
14-2 (b) The fee may be imposed only on the base rate charge or
14-3 its equivalent, excluding charges for coin-operated telephone
14-4 equipment. The fee may not be imposed on more than 100 local
14-5 exchange access lines or their equivalent for a single business
14-6 entity at a single location, unless the lines are used by residents
14-7 of the location. If a business service user provides residential
14-8 facilities, each line that terminates at a residential unit and
14-9 that is a communication link equivalent to a residential local
14-10 exchange access line shall be charged the 9-1-1 emergency service
14-11 fee. The fee must have uniform application and must be imposed in
14-12 each participating jurisdiction.
14-13 SECTION 15. Section 772.315, Health and Safety Code, is
14-14 amended to read as follows:
14-15 Sec. 772.315. COLLECTION OF FEE. (a) Each billed service
14-16 user is liable for the fee imposed under Section 772.314 until the
14-17 fee is paid to the service supplier. The fee must be added to and
14-18 stated separately in the service user's bill from the service
14-19 supplier. The service supplier shall collect the fee at the same
14-20 time as the service charge to the service user in accordance with
14-21 the regular billing practice of the service supplier. A business
14-22 service user that provides residential facilities and owns or
14-23 leases a private telephone switch used to provide telephone service
14-24 to facility residents shall collect the 9-1-1 emergency service fee
14-25 and transmit the fees monthly to the district.
14-26 (b) The amount collected by a service supplier from the fee
14-27 is due monthly. The service supplier shall remit the amount
15-1 collected in a calendar month to the district not later than the
15-2 60th day after the last day of the calendar month. With each
15-3 payment the service supplier shall file a return in a form
15-4 prescribed by the board.
15-5 (c) Both a <A> service supplier and a business service user
15-6 under Subsection (a) shall maintain records of the amount of fees
15-7 it collects for at least two years after the date of collection.
15-8 The board may require at the board's expense an annual audit of a
15-9 service supplier's books and records or the books and records of a
15-10 business service user described by Subsection (a) with respect to
15-11 the collection and remittance of the fees.
15-12 (d) A business service user that does not collect and remit
15-13 the 9-1-1 emergency service fee as required is subject to a civil
15-14 cause of action under Subsection (g) and is liable for triple
15-15 damages. A sworn affidavit by the district specifying the
15-16 unremitted fees is prima facie evidence that the fees were not
15-17 remitted and of the amount of the unremitted fees.
15-18 (e) A service supplier is entitled to retain an
15-19 administrative fee from the amount of fees it collects. The amount
15-20 of the administrative fee is two percent of the amount of fees it
15-21 collects under this section.
15-22 (f) <(e)> A service supplier is not required to take any
15-23 legal action to enforce the collection of the 9-1-1 emergency
15-24 service fee. However, the service supplier shall provide the
15-25 district with an annual certificate of delinquency that includes
15-26 the amount of all delinquent fees and the name and address of each
15-27 nonpaying service user. The certificate of delinquency is prima
16-1 facie evidence that a fee included in the certificate is
16-2 delinquent. A service user account is considered delinquent if the
16-3 fee is not paid to the service supplier before the 31st day after
16-4 the payment due date stated on the user's bill from the service
16-5 supplier.
16-6 (g) <(f)> The district may institute legal proceedings to
16-7 collect fees not paid and may establish internal collection
16-8 procedures and recover the cost of collection from the nonpaying
16-9 service user. If the district prevails in legal proceedings
16-10 instituted to collect a fee, the court may award the district court
16-11 costs, attorney's fees, and interest in addition to other amounts
16-12 recovered. A delinquent fee accrues interest at an annual rate of
16-13 12 percent beginning on the date the payment becomes due.
16-14 SECTION 16. Section 772.318, Health and Safety Code, is
16-15 amended by amending Subsections (b) and (c) and adding Subsections
16-16 (d) and (e) to read as follows:
16-17 (b) A business service user that provides residential
16-18 facilities and owns or leases a private telephone switch used to
16-19 provide telephone service to facility residents shall provide to
16-20 those residential end users the same level of 9-1-1 service that a
16-21 service supplier is required to provide under Subsection (a) to
16-22 other residential end users in the district. A business service
16-23 user that fails to provide the level of 9-1-1 service required by
16-24 this subsection is strictly liable for damages for an injury
16-25 sustained if the person injured demonstrates that the business
16-26 service user failed to provide the required service and that the
16-27 person attempted to use the 9-1-1 service in connection with the
17-1 injury sustained by that person. A sworn affidavit from the
17-2 district stating that the required level of 9-1-1 service was not
17-3 provided on the date of the injury is prima facie evidence that the
17-4 business user failed to provide the required service. Liability
17-5 under this subsection results from failure to provide the proper
17-6 level of service and does not refer to specific instances of
17-7 failure of 9-1-1 service. Liability for specific instances of
17-8 failure of 9-1-1 service is as provided under Section 771.053(a).
17-9 (c) Information furnished under this section is confidential
17-10 and is not available for public inspection.
17-11 (d) <(c)> A service supplier or business service user under
17-12 Subsection (b) <provider> is not liable to a <any> person who uses
17-13 a 9-1-1 system created under this subchapter for the release to the
17-14 district of the information specified in Subsections <Subsection>
17-15 (a) and (b).
17-16 (e) A business service user that fails to provide the level
17-17 of 9-1-1 service required by this section commits an offense. An
17-18 offense under this subsection is a Class A misdemeanor.
17-19 SECTION 17. Section 772.403(a), Health and Safety Code, is
17-20 amended to read as follows:
17-21 (a) A county to which this subchapter applies may implement
17-22 a system for providing 9-1-1 service in the unincorporated areas of
17-23 the county and may impose a service fee on local exchange telephone
17-24 service customers in the area served. If a business service user
17-25 provides residential facilities, each line that terminates at a
17-26 residential unit and that is a communication link equivalent to a
17-27 residential local exchange access line shall be charged the 9-1-1
18-1 emergency service fee.
18-2 SECTION 18. Section 772.404, Health and Safety Code, is
18-3 amended by amending Subsection (c) and adding Subsections (d) and
18-4 (e) to read as follows:
18-5 (c) A business service user that provides residential
18-6 facilities and owns or leases a private telephone switch used to
18-7 provide telephone service to facility residents shall collect the
18-8 9-1-1 emergency service fee and transmit the fees monthly to the
18-9 county.
18-10 (d) A business service user that does not collect and remit
18-11 the 9-1-1 emergency service fee as required is subject to a civil
18-12 cause of action and is liable for triple damages. A court may
18-13 award court costs, attorney's fees, and interest on the amount
18-14 delinquent at an annual rate of 12 percent to be paid by the
18-15 nonpaying business service user. A sworn affidavit by the county
18-16 specifying the unremitted fees is prima facie evidence that the
18-17 fees were not remitted and of the amount of the unremitted fees.
18-18 (e) A local exchange service provider collecting fees under
18-19 this subchapter may retain as an administrative fee an amount equal
18-20 to two percent of the total amount of the fees it collects.
18-21 SECTION 19. Subchapter E, Chapter 772, Health and Safety
18-22 Code, is amended by adding Section 772.406 to read as follows:
18-23 Sec. 772.406. NUMBER AND LOCATION IDENTIFICATION. (a) A
18-24 business service user that provides residential facilities and owns
18-25 or leases a private telephone switch used to provide telephone
18-26 service to facility residents shall provide to those residential
18-27 end users the same level of 9-1-1 service relating to number and
19-1 location identification that a service supplier provides to other
19-2 residential end users in the county.
19-3 (b) A business service user that fails to provide the level
19-4 of 9-1-1 service required by this section is strictly liable for
19-5 damages for an injury sustained if the person injured demonstrates
19-6 that the business service user failed to provide the required
19-7 service and that the person attempted to use the 9-1-1 service in
19-8 connection with the injury sustained by that person. A sworn
19-9 affidavit from the county stating that the required level of 9-1-1
19-10 service was not provided on the date of the injury is prima facie
19-11 evidence that the business user failed to provide the required
19-12 level of 9-1-1 service. Liability under this subsection results
19-13 from failure to provide the proper level of service and does not
19-14 refer to specific instances of failure of 9-1-1 service. Liability
19-15 for specific instances of failure of 9-1-1 service is as provided
19-16 under Section 771.053(a).
19-17 (c) A business service user that fails to provide the level
19-18 of 9-1-1 service required by this section commits an offense. An
19-19 offense under this subsection is a Class A misdemeanor.
19-20 SECTION 20. (a) This Act takes effect September 1, 1993,
19-21 except that Sections 771.060(c), 772.118(e), 772.218(e),
19-22 772.318(e), and 772.406(c), Health and Safety Code, as added by
19-23 this Act, take effect September 1, 1994.
19-24 (b) A business service user shall provide the level of 9-1-1
19-25 service required by this Act not later than September 1, 1994.
19-26 SECTION 21. The importance of this legislation and the
19-27 crowded condition of the calendars in both houses create an
20-1 emergency and an imperative public necessity that the
20-2 constitutional rule requiring bills to be read on three several
20-3 days in each house be suspended, and this rule is hereby suspended.