1-1  By:  Carter (Senate Sponsor - Carriker)               H.B. No. 1544
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on Economic
    1-4  Development; May 19, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 8, Nays 0; May 19, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio                                          x   
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas                               x   
   1-13        Harris of Tarrant  x                               
   1-14        Leedom             x                               
   1-15        Madla                                          x   
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19  COMMITTEE AMENDMENT NO. 1                              By:  Shapiro
   1-20  Amend H.B. 1544 (house engrossment) by adding a new Section 20 of
   1-21  the bill (page 16, between lines 10 and 11) to read as follows and
   1-22  renumbering the remaining sections appropriately:
   1-23        SECTION 20.  (a)  Not later than September 1, 1994, the Texas
   1-24  Higher Education Coordinating Board, with the cooperation of the
   1-25  Advisory Commission on State Emergency Communications, shall
   1-26  inventory residential PBX facilities that are owned or operated by
   1-27  a public or private institution of higher education as defined by
   1-28  Section 61.003 or Section 61.302, Education Code.  The inventory
   1-29  shall identify each institution's telecommunications equipment,
   1-30  estimate the cost, and specify the technical requirements that
   1-31  would be necessary to provide the level of 9-1-1 services required
   1-32  by this Act and may recommend alternative plans that will provide
   1-33  substantially equivalent efficient and effective emergency response
   1-34  services.
   1-35        (b)  Each institution shall evaluate the technical and
   1-36  financial feasibility of and establish a schedule for providing
   1-37  access to an effective 9-1-1 emergency response service.
   1-38        (c)  A public, private, or independent institution of higher
   1-39  education that provides residential services on telecommunications
   1-40  equipment that cannot be technically modified to provide the
   1-41  required level 9-1-1 service is exempt from the requirements of
   1-42  this Act until the PBX system is replaced, and at that time a new
   1-43  PBX system shall be installed with equipment that provides the
   1-44  required level of 9-1-1 service.
   1-45        (d)  A public, private, or independent institution of higher
   1-46  education providing residential PBX facilities that can provide the
   1-47  required level of 9-1-1 service shall do so on or before September
   1-48  1, 1995, unless the institution has received a waiver(s) from the
   1-49  Advisory Commission on State Emergency Communications.  A waiver
   1-50  may be granted for technical or financial reasons.
   1-51                         A BILL TO BE ENTITLED
   1-52                                AN ACT
   1-53  relating to providing 9-1-1 emergency service to certain
   1-54  residential facilities.
   1-55        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-56        SECTION 1.  Section 771.001, Health and Safety Code, is
   1-57  amended to read as follows:
   1-58        Sec. 771.001.  Definitions.  In this chapter:
   1-59              (1)  "Advisory commission" means the Advisory
   1-60  Commission on State Emergency Communications.
   1-61              (2)  "Business service user" means a business service
   1-62  that provides telecommunications service, including 9-1-1 service,
   1-63  to residential end users through a private telephone switch.
   1-64              (3)  "Emergency communication district" means:
   1-65                    (A)  a public agency or group of public agencies
   1-66  acting jointly that provided 9-1-1 service before September 1,
   1-67  1987, or that had voted or contracted before that date to provide
   1-68  that service; or
    2-1                    (B)  a district created under Subchapter B, C, or
    2-2  D, Chapter 772.
    2-3              (4) <(3)>  "Intrastate long distance service provider"
    2-4  means a telecommunications carrier providing intrastate long
    2-5  distance service, as defined by the advisory commission.
    2-6              (5) <(4)>  "Local exchange service provider" means a
    2-7  telecommunications carrier providing telecommunications service in
    2-8  a local exchange service area under a certificate of public
    2-9  convenience and necessity issued by the Public Utility Commission
   2-10  of Texas.
   2-11              (6) <(5)>  "9-1-1 service" means a telecommunications
   2-12  service that provides the user of the public telephone system the
   2-13  ability to reach a public safety answering point by dialing the
   2-14  digits 9-1-1.
   2-15              (7) <(6)>  "Public agency" means the state, a
   2-16  municipality, a county, an emergency communication district, a
   2-17  regional planning commission, or any other political subdivision or
   2-18  district that provides or has authority to provide fire-fighting,
   2-19  law enforcement, ambulance, medical, 9-1-1, or other emergency
   2-20  services.
   2-21              (8) <(7)>  "Public safety agency" means the division of
   2-22  a public agency that provides fire-fighting, police, medical, or
   2-23  other emergency services, or a private entity that provides
   2-24  emergency medical or ambulance services.
   2-25              (9) <(8)>  "Public safety answering point" means a
   2-26  continuously operated communications facility that is assigned the
   2-27  responsibility to receive 9-1-1 calls and, as appropriate, to
   2-28  dispatch public safety services or to extend, transfer, or relay
   2-29  9-1-1 calls to appropriate public safety agencies.
   2-30              (10) <(9)>  "Regional planning commission" means a
   2-31  commission established under Chapter 391, Local Government Code.
   2-32        SECTION 2.  Section 771.053(a), Health and Safety Code, is
   2-33  amended to read as follows:
   2-34        (a)  A service provider of telecommunications service
   2-35  involved in providing 9-1-1 service, a manufacturer of equipment
   2-36  used in providing 9-1-1 service, or an officer or employee of a
   2-37  service provider <of telecommunications service> involved in
   2-38  providing 9-1-1 service is not liable for any claim, damage, or
   2-39  loss arising from the provision of 9-1-1 service unless the act or
   2-40  omission proximately causing the claim, damage, or loss constitutes
   2-41  gross negligence, recklessness, or intentional misconduct.
   2-42        SECTION 3.  Subchapter C, Chapter 771, Health and Safety
   2-43  Code, is amended by adding Section 771.060 to read as follows:
   2-44        Sec. 771.060.  BUSINESS PROVIDING RESIDENTIAL TELEPHONE
   2-45  SWITCHES.  A business service user that provides residential
   2-46  facilities and owns or leases a private telephone switch used to
   2-47  provide telephone service to facility residents shall provide to
   2-48  those residential end users the same level of 9-1-1 service that a
   2-49  service supplier is providing to other residential end users in the
   2-50  area participating in the regional plan under Section 771.051(2).
   2-51        SECTION 4.  Section 771.071(a), Health and Safety Code, is
   2-52  amended to read as follows:
   2-53        (a)  Except as otherwise provided by this subchapter, the
   2-54  advisory commission may impose a 9-1-1 emergency service fee on
   2-55  each local exchange access line or equivalent local exchange access
   2-56  line, including lines of customers in an area served by an
   2-57  emergency communication district participating in the applicable
   2-58  regional plan.  If a business service user provides residential
   2-59  facilities, each line that terminates at a residential unit, and
   2-60  that is a communication link equivalent to a residential local
   2-61  exchange access line, shall be charged the 9-1-1 emergency service
   2-62  fee.  The fee may not be imposed on a line to coin-operated public
   2-63  telephone equipment or to public telephone equipment operated by
   2-64  coin or by card reader.  For purposes of this section, the advisory
   2-65  commission shall determine what constitutes an equivalent local
   2-66  exchange access line.
   2-67        SECTION 5.  Sections 771.073(b), (c), and (d), Health and
   2-68  Safety Code, are amended to read as follows:
   2-69        (b)  A business service user that provides residential
   2-70  facilities and owns or leases a private telephone switch used to
    3-1  provide telephone service to facility residents shall collect the
    3-2  9-1-1 emergency service fee and transmit the fees monthly to the
    3-3  regional planning commission or other entity designated by the
    3-4  commission to collect the fee.  A business service user that does
    3-5  not collect and remit the 9-1-1 emergency service fee as required
    3-6  is subject to a civil cause of action.  A court may award court
    3-7  costs, attorney's fees, and interest on the amount delinquent at an
    3-8  annual rate of 12 percent, to be paid by the nonpaying business
    3-9  service user.  A sworn affidavit by the entity that administers the
   3-10  9-1-1 service specifying the unremitted fees is prima facie
   3-11  evidence that the fees were not remitted and of the amount of the
   3-12  unremitted fees.
   3-13        (c)  The regional planning commission or a public agency
   3-14  designated by the regional planning commission may establish
   3-15  collection procedures and recover the cost of collection from the
   3-16  customer liable for the fee or surcharge.  The regional planning
   3-17  commission or designated public agency may institute legal
   3-18  proceedings to collect a fee or surcharge and in those proceedings
   3-19  is entitled to recover from the customer court costs, attorney's
   3-20  fees, and an interest on the amount delinquent.  The interest is
   3-21  computed at an annual rate of 12 percent beginning on the date the
   3-22  fee or surcharge becomes due.
   3-23        (d) <(c)>  A service provider may not disconnect services for
   3-24  nonpayment of a fee or surcharge imposed under this subchapter.
   3-25        (e) <(d)>  A service provider collecting fees or surcharges
   3-26  under this subchapter may retain as an administrative fee an amount
   3-27  equal to two percent of the total amount collected.
   3-28        SECTION 6.  Section 771.075, Health and Safety Code, is
   3-29  amended to read as follows:
   3-30        Sec. 771.075.  Use of Revenue.  Except as provided by Section
   3-31  771.072(e) or 771.073(e) <771.073(d)>, fees and surcharges
   3-32  collected under this subchapter may be used only for planning,
   3-33  development, and provision of 9-1-1 service as approved by the
   3-34  advisory commission.
   3-35        SECTION 7.  Section 772.001, Health and Safety Code, is
   3-36  amended by amending Subdivision (17) and adding Subdivision (20) to
   3-37  read as follows:
   3-38              (17)  "Service user" means a person that is provided
   3-39  local exchange access lines, or their equivalent, in an emergency
   3-40  communication district.
   3-41              (20)  "Business service user" means a business service
   3-42  that provides telecommunications service, including 9-1-1 service,
   3-43  to residential end users through a private telephone switch.
   3-44        SECTION 8.  Section 772.114(b), Health and Safety Code, is
   3-45  amended to read as follows:
   3-46        (b)  The fee may be imposed only on the base rate charge or
   3-47  its equivalent, excluding charges for coin-operated telephone
   3-48  equipment.  The fee may not be imposed on more than 100 local
   3-49  exchange access lines or their equivalent for a single business
   3-50  entity at a single location, unless the lines are used by residents
   3-51  of the location.  If a business service user provides residential
   3-52  facilities, each line that terminates at a residential unit and
   3-53  that is a communication link equivalent to a residential local
   3-54  exchange access line, shall be charged the 9-1-1 emergency service
   3-55  fee.  The fee must have uniform application and must be imposed in
   3-56  each participating jurisdiction.
   3-57        SECTION 9.  Section 772.115, Health and Safety Code, is
   3-58  amended to read as follows:
   3-59        Sec. 772.115.  Collection of Fee.  (a)  Each billed service
   3-60  user is liable for the fee imposed under Section 772.114 until the
   3-61  fee is paid to the service supplier.  The fee must be added to and
   3-62  stated separately in the service user's bill from the service
   3-63  supplier.  The service supplier shall collect the fee at the same
   3-64  time as the service charge to the service user in accordance with
   3-65  the regular billing practice of the service supplier.  A business
   3-66  service user that provides residential facilities and owns or
   3-67  leases a private telephone switch used to provide telephone service
   3-68  to facility residents shall collect the 9-1-1 emergency service fee
   3-69  and transmit the fees monthly to the district.
   3-70        (b)  The amount collected by a service supplier from the fee
    4-1  is due quarterly.  The service supplier shall remit the amount
    4-2  collected in a calendar quarter to the district not later than the
    4-3  60th day after the last day of the calendar quarter.  With each
    4-4  payment the service supplier shall file a return in a form
    4-5  prescribed by the board.
    4-6        (c)  Both a <A> service supplier and a business service user
    4-7  under Subsection (a) shall maintain records of the amount of fees
    4-8  it collects for at least two years after the date of collection.
    4-9  The board may require at the board's expense an annual audit of a
   4-10  service supplier's books and records or the books and records of a
   4-11  business service user described by Subsection (a) with respect to
   4-12  the collection and remittance of the fees.
   4-13        (d)  A business service user that does not collect and remit
   4-14  the 9-1-1 emergency service fee as required is subject to a civil
   4-15  cause of action under Subsection (g).  A sworn affidavit by the
   4-16  district specifying the unremitted fees is prima facie evidence
   4-17  that the fees were not remitted and of the amount of the unremitted
   4-18  fees.
   4-19        (e)  A service supplier is entitled to retain an
   4-20  administrative fee from the amount of fees it collects.  The amount
   4-21  of the administrative fee is two percent of the amount of fees it
   4-22  collects under this section.
   4-23        (f) <(e)>  A service supplier is not required to take any
   4-24  legal action to enforce the collection of the 9-1-1 emergency
   4-25  service fee.  However, the service supplier shall provide the
   4-26  district with an annual certificate of delinquency that includes
   4-27  the amount of all delinquent fees and the name and address of each
   4-28  nonpaying service user.  The certificate of delinquency is prima
   4-29  facie evidence that a fee included in the certificate is
   4-30  delinquent.  A service user account is considered delinquent if the
   4-31  fee is not paid to the service supplier before the 31st day after
   4-32  the payment due date stated on the user's bill from the service
   4-33  supplier.
   4-34        (g) <(f)>  The district may institute legal proceedings to
   4-35  collect fees not paid and may establish internal collection
   4-36  procedures and recover the cost of collection from the nonpaying
   4-37  service user.  If legal proceedings are established, the court may
   4-38  award the district court costs, attorney's fees, and interest to be
   4-39  paid by the nonpaying service user.  A delinquent fee accrues
   4-40  interest at an annual rate of 12 percent beginning on the date the
   4-41  payment becomes due.
   4-42        SECTION 10.  Section 772.118, Health and Safety Code, is
   4-43  amended by amending Subsections (b) and (c) and adding Subsection
   4-44  (d) to read as follows:
   4-45        (b)  A business service user that provides residential
   4-46  facilities and owns or leases a private telephone switch used to
   4-47  provide telephone service to facility residents shall provide to
   4-48  those residential end users the same level of 9-1-1 service that a
   4-49  service supplier is required to provide under Subsection (a) to
   4-50  other residential end users in the district.
   4-51        (c)  Information furnished under this section is confidential
   4-52  and is not available for public inspection.
   4-53        (d) <(c)>  A service supplier or a business service user
   4-54  under Subsection (b) <provider> is not liable to a <any> person who
   4-55  uses a 9-1-1 system created under this subchapter for the release
   4-56  to the district of the information specified in Subsections
   4-57  <Subsection> (a) and (b).
   4-58        SECTION 11.  Section 772.214(b), Health and Safety Code, is
   4-59  amended to read as follows:
   4-60        (b)  The fee may be imposed only on the base rate charge or
   4-61  its equivalent, excluding charges for coin-operated telephone
   4-62  equipment.  The fee may not be imposed on more than 100 local
   4-63  exchange access lines or their equivalent for a single business
   4-64  entity at a single location, unless the lines are used by residents
   4-65  of the location.  If a business service user provides residential
   4-66  facilities, each line that terminates at a residential unit and
   4-67  that is a communication link equivalent to a residential local
   4-68  exchange access line shall be charged the 9-1-1 emergency service
   4-69  fee.  The fee must have uniform application and must be imposed in
   4-70  each participating jurisdiction.
    5-1        SECTION 12.  Section 772.215, Health and Safety Code, is
    5-2  amended to read as follows:
    5-3        Sec. 772.215.  COLLECTION OF FEE.  (a)  Each billed service
    5-4  user is liable for the fee imposed under Section 772.214 until the
    5-5  fee is paid to the service supplier.  The fee must be added to and
    5-6  stated separately in the service user's bill from the service
    5-7  supplier.  The service supplier shall collect the fee at the same
    5-8  time as the service charge to the service user in accordance with
    5-9  the regular billing practice of the service supplier.  A business
   5-10  service user that provides residential facilities and owns or
   5-11  leases a private telephone switch used to provide telephone service
   5-12  to facility residents shall collect the 9-1-1 emergency service fee
   5-13  and transmit the fees monthly to the district.
   5-14        (b)  The amount collected by a service supplier from the fee
   5-15  is due monthly.  The service supplier shall remit the amount
   5-16  collected in a calendar month to the district not later than the
   5-17  60th day after the last day of the calendar month.  With each
   5-18  payment the service supplier shall file a return in a form
   5-19  prescribed by the board.
   5-20        (c)  Both a <A> service supplier and a business service user
   5-21  under Subsection (a) shall maintain records of the amount of fees
   5-22  it collects for at least two years after the date of collection.
   5-23  The board may require at the board's expense an annual audit of a
   5-24  service supplier's books and records or the books and records of a
   5-25  business service user described by Subsection (a) with respect to
   5-26  the collection and remittance of the fees.
   5-27        (d)  A business service user that does not collect and remit
   5-28  the 9-1-1 emergency service fee as required is subject to a civil
   5-29  cause of action under Subsection (g).  A sworn affidavit by the
   5-30  district specifying the unremitted fees is prima facie evidence
   5-31  that the fees were not remitted and of the amount of the unremitted
   5-32  fees.
   5-33        (e)  A service supplier is entitled to retain an
   5-34  administrative fee from the amount of fees it collects.  The amount
   5-35  of the administrative fee is two percent of the amount of fees it
   5-36  collects under this section.
   5-37        (f) <(e)>  A service supplier is not required to take any
   5-38  legal action to enforce the collection of the 9-1-1 emergency
   5-39  service fee.  However, the service supplier shall provide the
   5-40  district with an annual certificate of delinquency that includes
   5-41  the amount of all delinquent fees and the name and address of each
   5-42  nonpaying service user.  The certificate of delinquency is prima
   5-43  facie evidence that a fee included in the certificate is
   5-44  delinquent.  A service user account is considered delinquent if the
   5-45  fee is not paid to the service supplier before the 31st day after
   5-46  the payment due date stated on the user's bill from the service
   5-47  supplier.
   5-48        (g) <(f)>  The district may institute legal proceedings to
   5-49  collect fees not paid and may establish internal collection
   5-50  procedures and recover the cost of collection from the nonpaying
   5-51  service user.  If the district prevails in legal proceedings
   5-52  instituted to collect a fee, the court may award the district court
   5-53  costs, attorney's fees, and interest in addition to other amounts
   5-54  recovered.  A delinquent fee accrues interest at an annual rate of
   5-55  12 percent beginning on the date the payment becomes due.
   5-56        SECTION 13.  Section 772.218, Health and Safety Code, is
   5-57  amended by amending Subsections (b) and (c) and adding Subsection
   5-58  (d) to read as follows:
   5-59        (b)  A business service user that provides residential
   5-60  facilities and owns or leases a private telephone switch used to
   5-61  provide telephone service to facility residents shall provide to
   5-62  those residential end users the same level of 9-1-1 service that a
   5-63  service supplier is required to provide under Subsection (a) to
   5-64  other residential end users in the district.
   5-65        (c)  Information furnished under this section is confidential
   5-66  and is not available for public inspection.
   5-67        (d) <(c)>  A service supplier or business service user under
   5-68  Subsection (b) <provider> is not liable to a <any> person who uses
   5-69  a 9-1-1 system created under this subchapter for the release to the
   5-70  district of the information specified in Subsections <Subsection>
    6-1  (a) and (b).
    6-2        SECTION 14.  Section 772.314(b), Health and Safety Code, is
    6-3  amended to read as follows:
    6-4        (b)  The fee may be imposed only on the base rate charge or
    6-5  its equivalent, excluding charges for coin-operated telephone
    6-6  equipment.  The fee may not be imposed on more than 100 local
    6-7  exchange access lines or their equivalent for a single business
    6-8  entity at a single location, unless the lines are used by residents
    6-9  of the location.  If a business service user provides residential
   6-10  facilities, each line that terminates at a residential unit and
   6-11  that is a communication link equivalent to a residential local
   6-12  exchange access line shall be charged the 9-1-1 emergency service
   6-13  fee.  The fee must have uniform application and must be imposed in
   6-14  each participating jurisdiction.
   6-15        SECTION 15.  Section 772.315, Health and Safety Code, is
   6-16  amended to read as follows:
   6-17        Sec. 772.315.  COLLECTION OF FEE.  (a)  Each billed service
   6-18  user is liable for the fee imposed under Section 772.314 until the
   6-19  fee is paid to the service supplier.  The fee must be added to and
   6-20  stated separately in the service user's bill from the service
   6-21  supplier.  The service supplier shall collect the fee at the same
   6-22  time as the service charge to the service user in accordance with
   6-23  the regular billing practice of the service supplier.  A business
   6-24  service user that provides residential facilities and owns or
   6-25  leases a private telephone switch used to provide telephone service
   6-26  to facility residents shall collect the 9-1-1 emergency service fee
   6-27  and transmit the fees monthly to the district.
   6-28        (b)  The amount collected by a service supplier from the fee
   6-29  is due monthly.  The service supplier shall remit the amount
   6-30  collected in a calendar month to the district not later than the
   6-31  60th day after the last day of the calendar month.  With each
   6-32  payment the service supplier shall file a return in a form
   6-33  prescribed by the board.
   6-34        (c)  Both a <A> service supplier and a business service user
   6-35  under Subsection (a) shall maintain records of the amount of fees
   6-36  it collects for at least two years after the date of collection.
   6-37  The board may require at the board's expense an annual audit of a
   6-38  service supplier's books and records or the books and records of a
   6-39  business service user described by Subsection (a) with respect to
   6-40  the collection and remittance of the fees.
   6-41        (d)  A business service user that does not collect and remit
   6-42  the 9-1-1 emergency service fee as required is subject to a civil
   6-43  cause of action under Subsection (g).  A sworn affidavit by the
   6-44  district specifying the unremitted fees is prima facie evidence
   6-45  that the fees were not remitted and of the amount of the unremitted
   6-46  fees.
   6-47        (e)  A service supplier is entitled to retain an
   6-48  administrative fee from the amount of fees it collects.  The amount
   6-49  of the administrative fee is two percent of the amount of fees it
   6-50  collects under this section.
   6-51        (f) <(e)>  A service supplier is not required to take any
   6-52  legal action to enforce the collection of the 9-1-1 emergency
   6-53  service fee.  However, the service supplier shall provide the
   6-54  district with an annual certificate of delinquency that includes
   6-55  the amount of all delinquent fees and the name and address of each
   6-56  nonpaying service user.  The certificate of delinquency is prima
   6-57  facie evidence that a fee included in the certificate is
   6-58  delinquent.  A service user account is considered delinquent if the
   6-59  fee is not paid to the service supplier before the 31st day after
   6-60  the payment due date stated on the user's bill from the service
   6-61  supplier.
   6-62        (g) <(f)>  The district may institute legal proceedings to
   6-63  collect fees not paid and may establish internal collection
   6-64  procedures and recover the cost of collection from the nonpaying
   6-65  service user.  If the district prevails in legal proceedings
   6-66  instituted to collect a fee, the court may award the district court
   6-67  costs, attorney's fees, and interest in addition to other amounts
   6-68  recovered.  A delinquent fee accrues interest at an annual rate of
   6-69  12 percent beginning on the date the payment becomes due.
   6-70        SECTION 16.  Section 772.318, Health and Safety Code, is
    7-1  amended by amending Subsections (b) and (c) and adding Subsection
    7-2  (d) to read as follows:
    7-3        (b)  A business service user that provides residential
    7-4  facilities and owns or leases a private telephone switch used to
    7-5  provide telephone service to facility residents shall provide to
    7-6  those residential end users the same level of 9-1-1 service that a
    7-7  service supplier is required to provide under Subsection (a) to
    7-8  other residential end users in the district.
    7-9        (c)  Information furnished under this section is confidential
   7-10  and is not available for public inspection.
   7-11        (d) <(c)>  A service supplier or business service user under
   7-12  Subsection (b) <provider> is not liable to a <any> person who uses
   7-13  a 9-1-1 system created under this subchapter for the release to the
   7-14  district of the information specified in Subsections <Subsection>
   7-15  (a) and (b).
   7-16        SECTION 17.  Section 772.403(a), Health and Safety Code, is
   7-17  amended to read as follows:
   7-18        (a)  A county to which this subchapter applies may implement
   7-19  a system for providing 9-1-1 service in the unincorporated areas of
   7-20  the county and may impose a service fee on local exchange telephone
   7-21  service customers in the area served.  If a business service user
   7-22  provides residential facilities, each line that terminates at a
   7-23  residential unit and that is a communication link equivalent to a
   7-24  residential local exchange access line shall be charged the 9-1-1
   7-25  emergency service fee.
   7-26        SECTION 18.  Section 772.404, Health and Safety Code, is
   7-27  amended by amending Subsection (c) and adding Subsection (d) to
   7-28  read as follows:
   7-29        (c)  A business service user that provides residential
   7-30  facilities and owns or leases a private telephone switch used to
   7-31  provide telephone service to facility residents shall collect the
   7-32  9-1-1 emergency service fee and transmit the fees monthly to the
   7-33  county.
   7-34        (d)  A local exchange service provider collecting fees under
   7-35  this subchapter may retain as an administrative fee an amount equal
   7-36  to two percent of the total amount of the fees it collects.
   7-37        SECTION 19.  Subchapter E, Chapter 772, Health and Safety
   7-38  Code, is amended by adding Section 772.406 to read as follows:
   7-39        Sec. 772.406.  NUMBER AND LOCATION IDENTIFICATION.  A
   7-40  business service user that provides residential facilities and owns
   7-41  or leases a private telephone switch used to provide telephone
   7-42  service to facility residents shall provide to those residential
   7-43  end users the same level of 9-1-1 service relating to number and
   7-44  location identification that a service supplier provides to other
   7-45  residential end users in the county.
   7-46        SECTION 20.  A business service user shall provide the level
   7-47  of 9-1-1 service required by this Act not later than September 1,
   7-48  1994.
   7-49        SECTION 21.  The importance of this legislation and the
   7-50  crowded condition of the calendars in both houses create an
   7-51  emergency and an imperative public necessity that the
   7-52  constitutional rule requiring bills to be read on three several
   7-53  days in each house be suspended, and this rule is hereby suspended.
   7-54                               * * * * *
   7-55                                                         Austin,
   7-56  Texas
   7-57                                                         May 19, 1993
   7-58  Hon. Bob Bullock
   7-59  President of the Senate
   7-60  Sir:
   7-61  We, your Committee on Economic Development to which was referred
   7-62  H.B. No. 1544, have had the same under consideration, and I am
   7-63  instructed to report it back to the Senate with the recommendation
   7-64  that it do pass, as amended, and be printed.
   7-65                                                         Parker,
   7-66  Chairman
   7-67                               * * * * *
   7-68                               WITNESSES
   7-69                                                  FOR   AGAINST  ON
   7-70  ___________________________________________________________________
    8-1  Name:  Joe Kirk                                                x
    8-2  Representing:  Adv. Comm. on St. Emergency Commun
    8-3  City:  Austin
    8-4  -------------------------------------------------------------------
    8-5  Name:  Mary A. Boyd                                            x
    8-6  Representing:  Adv. Comm. on St. Emergency Commn
    8-7  City:
    8-8  -------------------------------------------------------------------
    8-9  Name:  Jim Ray                                   x
   8-10  Representing:  Councils of Governments
   8-11  City:  Austin
   8-12  -------------------------------------------------------------------
   8-13  Name:  Laverne Hogan                             x
   8-14  Representing:  Gr. Harris Co. 911 Emerg Netwrk
   8-15  City:  Houston
   8-16  -------------------------------------------------------------------
   8-17  Name:  Ron Harris                                x
   8-18  Representing:  Adv. Comm. on St. Emergency Commn
   8-19  City:  McKinney
   8-20  -------------------------------------------------------------------