By: Carriker S.B. No. 1194
73R2953 MLR-F
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. Subchapter C, Chapter 771, Health and Safety
1-6 Code, is amended by adding Section 771.060 to read as follows:
1-7 Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE
1-8 SWITCHES. (a) A business service user that provides residential
1-9 facilities and owns or leases a private telephone switch used to
1-10 provide telephone service to facility residents shall provide to
1-11 those residential end users the same level of 9-1-1 service that a
1-12 service supplier is required to provide under Section 771.051(2)(A)
1-13 to other residential end users in the area participating in the
1-14 regional plan.
1-15 (b) A business service user that fails to provide the level
1-16 of 9-1-1 service required by this section is strictly liable for
1-17 damages for an injury sustained if the injured person demonstrates
1-18 that the business service user failed to provide the required
1-19 service and that the person attempted to use the 9-1-1 service in
1-20 connection with the injury sustained by that person. A sworn
1-21 affidavit from the entity that administers the 9-1-1 service
1-22 stating that the required level of 9-1-1 service was not provided
1-23 on the date of the injury is prima facie evidence that the business
1-24 user failed to provide the required level of 9-1-1 service.
2-1 (c) A business service user that fails to provide the level
2-2 of 9-1-1 service required by this section commits an offense. An
2-3 offense under this subsection is a Class A misdemeanor.
2-4 SECTION 2. Section 771.071(a), Health and Safety Code, is
2-5 amended to read as follows:
2-6 (a) Except as otherwise provided by this subchapter, the
2-7 advisory commission may impose a 9-1-1 emergency service fee on
2-8 each local exchange access line or equivalent local exchange access
2-9 line, including lines of customers in an area served by an
2-10 emergency communication district participating in the applicable
2-11 regional plan. If a business service user provides residential
2-12 facilities, each line that terminates at a residential unit, and
2-13 that is a communication link equivalent to a residential local
2-14 exchange access line, shall be charged the 9-1-1 emergency service
2-15 fee. The fee may not be imposed on a line to coin-operated public
2-16 telephone equipment or to public telephone equipment operated by
2-17 coin or by card reader. For purposes of this section, the advisory
2-18 commission shall determine what constitutes an equivalent local
2-19 exchange access line.
2-20 SECTION 3. Sections 771.073(b), (c), and (d), Health and
2-21 Safety Code, are amended to read as follows:
2-22 (b) A business service user that provides residential
2-23 facilities and owns or leases a private telephone switch used to
2-24 provide telephone service to facility residents shall collect the
2-25 9-1-1 emergency service fee and transmit the fees monthly to the
2-26 regional planning commission or other entity designated by the
2-27 commission to collect the fee. A business service user that does
3-1 not collect and remit the 9-1-1 emergency service fee as required
3-2 is subject to a civil cause of action and is liable for triple
3-3 damages. A court may award court costs, attorney's fees, and
3-4 interest on the amount delinquent at an annual rate of 12 percent,
3-5 to be paid by the nonpaying business service user. A sworn
3-6 affidavit by the entity that administers the 9-1-1 service
3-7 specifying the unremitted fees is prima facie evidence that the
3-8 fees were not remitted and of the amount of the unremitted fees.
3-9 (c) The regional planning commission or a public agency
3-10 designated by the regional planning commission may establish
3-11 collection procedures and recover the cost of collection from the
3-12 customer liable for the fee or surcharge. The regional planning
3-13 commission or designated public agency may institute legal
3-14 proceedings to collect a fee or surcharge and in those proceedings
3-15 is entitled to recover from the customer court costs, attorney's
3-16 fees, and an interest on the amount delinquent. The interest is
3-17 computed at an annual rate of 12 percent beginning on the date the
3-18 fee or surcharge becomes due.
3-19 (d) <(c)> A service provider may not disconnect services for
3-20 nonpayment of a fee or surcharge imposed under this subchapter.
3-21 (e) <(d)> A service provider collecting fees or surcharges
3-22 under this subchapter may retain as an administrative fee an amount
3-23 equal to two percent of the total amount collected.
3-24 SECTION 4. Section 771.075, Health and Safety Code, is
3-25 amended to read as follows:
3-26 Sec. 771.075. Use of Revenue. Except as provided by Section
3-27 771.072(e) or 771.073(e) <771.073(d)>, fees and surcharges
4-1 collected under this subchapter may be used only for planning,
4-2 development, and provision of 9-1-1 service as approved by the
4-3 advisory commission.
4-4 SECTION 5. Section 772.001(17), Health and Safety Code, is
4-5 amended to read as follows:
4-6 (17) "Service user" means a person that is provided
4-7 local exchange access lines, or their equivalent, in an emergency
4-8 communication district.
4-9 SECTION 6. Section 772.114(b), Health and Safety Code, is
4-10 amended to read as follows:
4-11 (b) The fee may be imposed only on the base rate charge or
4-12 its equivalent, excluding charges for coin-operated telephone
4-13 equipment. The fee may not be imposed on more than 100 local
4-14 exchange access lines or their equivalent for a single business
4-15 entity at a single location, unless the lines are used by residents
4-16 of the location. If a business service user provides residential
4-17 facilities, each line that terminates at a residential unit and
4-18 that is a communication link equivalent to a residential local
4-19 exchange access line, shall be charged the 9-1-1 emergency service
4-20 fee. The fee must have uniform application and must be imposed in
4-21 each participating jurisdiction.
4-22 SECTION 7. Section 772.115, Health and Safety Code, is
4-23 amended to read as follows:
4-24 Sec. 772.115. Collection of Fee. (a) Each billed service
4-25 user is liable for the fee imposed under Section 772.114 until the
4-26 fee is paid to the service supplier. The fee must be added to and
4-27 stated separately in the service user's bill from the service
5-1 supplier. The service supplier shall collect the fee at the same
5-2 time as the service charge to the service user in accordance with
5-3 the regular billing practice of the service supplier. A business
5-4 service user that provides residential facilities and owns or
5-5 leases a private telephone switch used to provide telephone service
5-6 to facility residents shall collect the 9-1-1 emergency service fee
5-7 and transmit the fees monthly to the district.
5-8 (b) The amount collected by a service supplier from the fee
5-9 is due quarterly. The service supplier shall remit the amount
5-10 collected in a calendar quarter to the district not later than the
5-11 60th day after the last day of the calendar quarter. With each
5-12 payment the service supplier shall file a return in a form
5-13 prescribed by the board.
5-14 (c) Both a <A> service supplier and a business service user
5-15 under Subsection (a) shall maintain records of the amount of fees
5-16 it collects for at least two years after the date of collection.
5-17 The board may require at the board's expense an annual audit of a
5-18 service supplier's books and records or the books and records of a
5-19 business service user described by Subsection (a) with respect to
5-20 the collection and remittance of the fees.
5-21 (d) A business service user that does not collect and remit
5-22 the 9-1-1 emergency service fee as required is subject to a civil
5-23 cause of action under Subsection (g) and is liable for triple
5-24 damages. A sworn affidavit by the district specifying the
5-25 unremitted fees is prima facie evidence that the fees were not
5-26 remitted and of the amount of the unremitted fees.
5-27 (e) A service supplier is entitled to retain an
6-1 administrative fee from the amount of fees it collects. The amount
6-2 of the administrative fee is two percent of the amount of fees it
6-3 collects under this section.
6-4 (f) <(e)> A service supplier is not required to take any
6-5 legal action to enforce the collection of the 9-1-1 emergency
6-6 service fee. However, the service supplier shall provide the
6-7 district with an annual certificate of delinquency that includes
6-8 the amount of all delinquent fees and the name and address of each
6-9 nonpaying service user. The certificate of delinquency is prima
6-10 facie evidence that a fee included in the certificate is
6-11 delinquent. A service user account is considered delinquent if the
6-12 fee is not paid to the service supplier before the 31st day after
6-13 the payment due date stated on the user's bill from the service
6-14 supplier.
6-15 (g) <(f)> The district may institute legal proceedings to
6-16 collect fees not paid and may establish internal collection
6-17 procedures and recover the cost of collection from the nonpaying
6-18 service user. If legal proceedings are established, the court may
6-19 award the district court costs, attorney's fees, and interest to be
6-20 paid by the nonpaying service user. A delinquent fee accrues
6-21 interest at an annual rate of 12 percent beginning on the date the
6-22 payment becomes due.
6-23 SECTION 8. Section 772.118, Health and Safety Code, is
6-24 amended by amending Subsections (b) and (c) and adding Subsections
6-25 (d) and (e) to read as follows:
6-26 (b) A business service user that provides residential
6-27 facilities and owns or leases a private telephone switch used to
7-1 provide telephone service to facility residents shall provide to
7-2 those residential end users the same level of 9-1-1 service that a
7-3 service supplier is required to provide under Subsection (a) to
7-4 other residential end users in the district. A business service
7-5 user that fails to provide the level of 9-1-1 service required by
7-6 this subsection is strictly liable for damages for an injury
7-7 sustained if the person injured demonstrates that the business
7-8 service user failed to provide the required service and that the
7-9 person attempted to use the 9-1-1 service in connection with the
7-10 injury sustained by that person. A sworn affidavit from the
7-11 district stating that the required level of 9-1-1 service was not
7-12 provided on the date of the injury is prima facie evidence that the
7-13 business user failed to provide the required service.
7-14 (c) Information furnished under this section is confidential
7-15 and is not available for public inspection.
7-16 (d) <(c)> A service supplier or a business service user
7-17 under Subsection (b) <provider> is not liable to a <any> person who
7-18 uses a 9-1-1 system created under this subchapter for the release
7-19 to the district of the information specified in Subsections
7-20 <Subsection> (a) and (b).
7-21 (e) A business service user that fails to provide the level
7-22 of 9-1-1 service required by this section commits an offense. An
7-23 offense under this subsection is a Class A misdemeanor.
7-24 SECTION 9. Section 772.214(b), Health and Safety Code, is
7-25 amended to read as follows:
7-26 (b) The fee may be imposed only on the base rate charge or
7-27 its equivalent, excluding charges for coin-operated telephone
8-1 equipment. The fee may not be imposed on more than 100 local
8-2 exchange access lines or their equivalent for a single business
8-3 entity at a single location, unless the lines are used by residents
8-4 of the location. If a business service user provides residential
8-5 facilities, each line that terminates at a residential unit and
8-6 that is a communication link equivalent to a residential local
8-7 exchange access line shall be charged the 9-1-1 emergency service
8-8 fee. The fee must have uniform application and must be imposed in
8-9 each participating jurisdiction.
8-10 SECTION 10. Section 772.215, Health and Safety Code, is
8-11 amended to read as follows:
8-12 Sec. 772.215. COLLECTION OF FEE. (a) Each billed service
8-13 user is liable for the fee imposed under Section 772.214 until the
8-14 fee is paid to the service supplier. The fee must be added to and
8-15 stated separately in the service user's bill from the service
8-16 supplier. The service supplier shall collect the fee at the same
8-17 time as the service charge to the service user in accordance with
8-18 the regular billing practice of the service supplier. A business
8-19 service user that provides residential facilities and owns or
8-20 leases a private telephone switch used to provide telephone service
8-21 to facility residents shall collect the 9-1-1 emergency service fee
8-22 and transmit the fees monthly to the district.
8-23 (b) The amount collected by a service supplier from the fee
8-24 is due monthly. The service supplier shall remit the amount
8-25 collected in a calendar month to the district not later than the
8-26 60th day after the last day of the calendar month. With each
8-27 payment the service supplier shall file a return in a form
9-1 prescribed by the board.
9-2 (c) Both a <A> service supplier and a business service user
9-3 under Subsection (a) shall maintain records of the amount of fees
9-4 it collects for at least two years after the date of collection.
9-5 The board may require at the board's expense an annual audit of a
9-6 service supplier's books and records or the books and records of a
9-7 business service user described by Subsection (a) with respect to
9-8 the collection and remittance of the fees.
9-9 (d) A business service user that does not collect and remit
9-10 the 9-1-1 emergency service fee as required is subject to a civil
9-11 cause of action under Subsection (g) and is liable for triple
9-12 damages. A sworn affidavit by the district specifying the
9-13 unremitted fees is prima facie evidence that the fees were not
9-14 remitted and of the amount of the unremitted fees.
9-15 (e) A service supplier is entitled to retain an
9-16 administrative fee from the amount of fees it collects. The amount
9-17 of the administrative fee is two percent of the amount of fees it
9-18 collects under this section.
9-19 (f) <(e)> A service supplier is not required to take any
9-20 legal action to enforce the collection of the 9-1-1 emergency
9-21 service fee. However, the service supplier shall provide the
9-22 district with an annual certificate of delinquency that includes
9-23 the amount of all delinquent fees and the name and address of each
9-24 nonpaying service user. The certificate of delinquency is prima
9-25 facie evidence that a fee included in the certificate is
9-26 delinquent. A service user account is considered delinquent if the
9-27 fee is not paid to the service supplier before the 31st day after
10-1 the payment due date stated on the user's bill from the service
10-2 supplier.
10-3 (g) <(f)> The district may institute legal proceedings to
10-4 collect fees not paid and may establish internal collection
10-5 procedures and recover the cost of collection from the nonpaying
10-6 service user. If the district prevails in legal proceedings
10-7 instituted to collect a fee, the court may award the district court
10-8 costs, attorney's fees, and interest in addition to other amounts
10-9 recovered. A delinquent fee accrues interest at an annual rate of
10-10 12 percent beginning on the date the payment becomes due.
10-11 SECTION 11. Section 772.218, Health and Safety Code, is
10-12 amended by amending Subsections (b) and (c) and adding Subsections
10-13 (d) and (e) to read as follows:
10-14 (b) A business service user that provides residential
10-15 facilities and owns or leases a private telephone switch used to
10-16 provide telephone service to facility residents shall provide to
10-17 those residential end users the same level of 9-1-1 service that a
10-18 service supplier is required to provide under Subsection (a) to
10-19 other residential end users in the district. A business service
10-20 user that fails to provide the level of 9-1-1 service required by
10-21 this subsection is strictly liable for damages for an injury
10-22 sustained if the person injured demonstrates that the business
10-23 service user failed to provide the required service and that the
10-24 person attempted to use the 9-1-1 service in connection with the
10-25 injury sustained by that person. A sworn affidavit from the
10-26 district stating that the required level of 9-1-1 service was not
10-27 provided on the date of the injury is prima facie evidence that the
11-1 business user failed to provide the required service.
11-2 (c) Information furnished under this section is confidential
11-3 and is not available for public inspection.
11-4 (d) <(c)> A service supplier or business service user under
11-5 Subsection (b) <provider> is not liable to a <any> person who uses
11-6 a 9-1-1 system created under this subchapter for the release to the
11-7 district of the information specified in Subsections <Subsection>
11-8 (a) and (b).
11-9 (e) A business service user that fails to provide the level
11-10 of 9-1-1 service required by this section commits an offense. An
11-11 offense under this subsection is a Class A misdemeanor.
11-12 SECTION 12. Section 772.314(b), Health and Safety Code, is
11-13 amended to read as follows:
11-14 (b) The fee may be imposed only on the base rate charge or
11-15 its equivalent, excluding charges for coin-operated telephone
11-16 equipment. The fee may not be imposed on more than 100 local
11-17 exchange access lines or their equivalent for a single business
11-18 entity at a single location, unless the lines are used by residents
11-19 of the location. If a business service user provides residential
11-20 facilities, each line that terminates at a residential unit and
11-21 that is a communication link equivalent to a residential local
11-22 exchange access line shall be charged the 9-1-1 emergency service
11-23 fee. The fee must have uniform application and must be imposed in
11-24 each participating jurisdiction.
11-25 SECTION 13. Section 772.315, Health and Safety Code, is
11-26 amended to read as follows:
11-27 Sec. 772.315. COLLECTION OF FEE. (a) Each billed service
12-1 user is liable for the fee imposed under Section 772.314 until the
12-2 fee is paid to the service supplier. The fee must be added to and
12-3 stated separately in the service user's bill from the service
12-4 supplier. The service supplier shall collect the fee at the same
12-5 time as the service charge to the service user in accordance with
12-6 the regular billing practice of the service supplier. A business
12-7 service user that provides residential facilities and owns or
12-8 leases a private telephone switch used to provide telephone service
12-9 to facility residents shall collect the 9-1-1 emergency service fee
12-10 and transmit the fees monthly to the district.
12-11 (b) The amount collected by a service supplier from the fee
12-12 is due monthly. The service supplier shall remit the amount
12-13 collected in a calendar month to the district not later than the
12-14 60th day after the last day of the calendar month. With each
12-15 payment the service supplier shall file a return in a form
12-16 prescribed by the board.
12-17 (c) Both a <A> service supplier and a business service user
12-18 under Subsection (a) shall maintain records of the amount of fees
12-19 it collects for at least two years after the date of collection.
12-20 The board may require at the board's expense an annual audit of a
12-21 service supplier's books and records or the books and records of a
12-22 business service user described by Subsection (a) with respect to
12-23 the collection and remittance of the fees.
12-24 (d) A business service user that does not collect and remit
12-25 the 9-1-1 emergency service fee as required is subject to a civil
12-26 cause of action under Subsection (g) and is liable for triple
12-27 damages. A sworn affidavit by the district specifying the
13-1 unremitted fees is prima facie evidence that the fees were not
13-2 remitted and of the amount of the unremitted fees.
13-3 (e) A service supplier is entitled to retain an
13-4 administrative fee from the amount of fees it collects. The amount
13-5 of the administrative fee is two percent of the amount of fees it
13-6 collects under this section.
13-7 (f) <(e)> A service supplier is not required to take any
13-8 legal action to enforce the collection of the 9-1-1 emergency
13-9 service fee. However, the service supplier shall provide the
13-10 district with an annual certificate of delinquency that includes
13-11 the amount of all delinquent fees and the name and address of each
13-12 nonpaying service user. The certificate of delinquency is prima
13-13 facie evidence that a fee included in the certificate is
13-14 delinquent. A service user account is considered delinquent if the
13-15 fee is not paid to the service supplier before the 31st day after
13-16 the payment due date stated on the user's bill from the service
13-17 supplier.
13-18 (g) <(f)> The district may institute legal proceedings to
13-19 collect fees not paid and may establish internal collection
13-20 procedures and recover the cost of collection from the nonpaying
13-21 service user. If the district prevails in legal proceedings
13-22 instituted to collect a fee, the court may award the district court
13-23 costs, attorney's fees, and interest in addition to other amounts
13-24 recovered. A delinquent fee accrues interest at an annual rate of
13-25 12 percent beginning on the date the payment becomes due.
13-26 SECTION 14. Section 772.318, Health and Safety Code, is
13-27 amended by amending Subsections (b) and (c) and adding Subsections
14-1 (d) and (e) to read as follows:
14-2 (b) A business service user that provides residential
14-3 facilities and owns or leases a private telephone switch used to
14-4 provide telephone service to facility residents shall provide to
14-5 those residential end users the same level of 9-1-1 service that a
14-6 service supplier is required to provide under Subsection (a) to
14-7 other residential end users in the district. A business service
14-8 user that fails to provide the level of 9-1-1 service required by
14-9 this subsection is strictly liable for damages for an injury
14-10 sustained if the person injured demonstrates that the business
14-11 service user failed to provide the required service and that the
14-12 person attempted to use the 9-1-1 service in connection with the
14-13 injury sustained by that person. A sworn affidavit from the
14-14 district stating that the required level of 9-1-1 service was not
14-15 provided on the date of the injury is prima facie evidence that the
14-16 business user failed to provide the required service.
14-17 (c) Information furnished under this section is confidential
14-18 and is not available for public inspection.
14-19 (d) <(c)> A service supplier or business service user under
14-20 Subsection (b) <provider> is not liable to a <any> person who uses
14-21 a 9-1-1 system created under this subchapter for the release to the
14-22 district of the information specified in Subsections <Subsection>
14-23 (a) and (b).
14-24 (e) A business service user that fails to provide the level
14-25 of 9-1-1 service required by this section commits an offense. An
14-26 offense under this subsection is a Class A misdemeanor.
14-27 SECTION 15. Section 772.403(a), Health and Safety Code, is
15-1 amended to read as follows:
15-2 (a) A county to which this subchapter applies may implement
15-3 a system for providing 9-1-1 service in the unincorporated areas of
15-4 the county and may impose a service fee on local exchange telephone
15-5 service customers in the area served. If a business service user
15-6 provides residential facilities, each line that terminates at a
15-7 residential unit and that is a communication link equivalent to a
15-8 residential local exchange access line shall be charged the 9-1-1
15-9 emergency service fee.
15-10 SECTION 16. Section 772.404, Health and Safety Code, is
15-11 amended by amending Subsection (c) and adding Subsections (d) and
15-12 (e) to read as follows:
15-13 (c) A business service user that provides residential
15-14 facilities and owns or leases a private telephone switch used to
15-15 provide telephone service to facility residents shall collect the
15-16 9-1-1 emergency service fee and transmit the fees monthly to the
15-17 county.
15-18 (d) A business service user that does not collect and remit
15-19 the 9-1-1 emergency service fee as required is subject to a civil
15-20 cause of action and is liable for triple damages. A court may
15-21 award court costs, attorney's fees, and interest on the amount
15-22 delinquent at an annual rate of 12 percent to be paid by the
15-23 nonpaying business service user. A sworn affidavit by the county
15-24 specifying the unremitted fees is prima facie evidence that the
15-25 fees were not remitted and of the amount of the unremitted fees.
15-26 (e) 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 17. 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) 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 (b) A business service user that fails to provide the level
16-12 of 9-1-1 service required by this section is strictly liable for
16-13 damages for an injury sustained if the person injured demonstrates
16-14 that the business service user failed to provide the required
16-15 service and that the person attempted to use the 9-1-1 service in
16-16 connection with the injury sustained by that person. A sworn
16-17 affidavit from the county stating that the required level of 9-1-1
16-18 service was not provided on the date of the injury is prima facie
16-19 evidence that the business user failed to provide the required
16-20 level of 9-1-1 service.
16-21 (c) A business service user that fails to provide the level
16-22 of 9-1-1 service required by this section commits an offense. An
16-23 offense under this subsection is a Class A misdemeanor.
16-24 SECTION 18. (a) This Act takes effect September 1, 1993,
16-25 except that Sections 771.060(c), 772.118(e), 772.218(e),
16-26 772.318(e), and 772.406(c), Health and Safety Code, as added by
16-27 this Act, take effect September 1, 1994.
17-1 (b) A business service user shall provide the level of 9-1-1
17-2 service required by this Act not later than September 1, 1994.
17-3 SECTION 19. The importance of this legislation and the
17-4 crowded condition of the calendars in both houses create an
17-5 emergency and an imperative public necessity that the
17-6 constitutional rule requiring bills to be read on three several
17-7 days in each house be suspended, and this rule is hereby suspended.