BILL ANALYSIS H.B. 1293 By: Carter 4-20-95 Committee Report (Unamended) BACKGROUND Section 771.053 of the Health and Safety Code currently states that a service provider of telecommunications service involved in providing 9-1-1 service, a manufacturer of equipment used in providing 9-1-1 service, or an officer or employee of a service provider involved in 9-1-1 service is not liable for any claim, damage, or loss arising from the 9-1-1 service unless their actions were to constitute gross negligence, recklessness, or intentional misconduct. In order to provide ALI (Automatic Location Identification) 9-1-1 service to rural areas of Texas, the Advisory Commission on State Emergency Communications, in coordination with Councils of Governments, counties, cities and other interested parties, is implementing rural addressing. Specific addresses enable emergency personnel to locate an individual and render aid faster. During the rural addressing process, some utilities provide location information. This information helps to identify the specific location of an individual who has a route and box address. PURPOSE H.B. 1293 would add service providers of address databases used in providing 9-1-1 service to the list of entities that are immune from liability for providing 9-1-1 service unless their actions were to constitute gross negligence, recklessness or intentional misconduct. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 771.053(a), Health and Safety Code, to add service providers of address databases used in providing 9-1-1 service to the list of entities that are immune from liability for providing 9-1-1 service unless their actions were to constitute gross negligence, recklessness or intentional misconduct. SECTION 2. Effective Date - September 1, 1995. Applies only to a cause action accruing on or after the effective date. SECTION 3. Emergency Clause. SUMMARY OF COMMITTEE ACTION House Bill 1293 was considered by the Committee on Civil Practices in a public hearing on April 5, 1995. The following individuals testified in support of the bill: Steve Fruscella, representing Utility Engineering Corporation; and Marshall Pharr, representing himself and Southwestern Public Service Company. The following individuals testified neutrally on the bill: Mary Boyd, representing the Advisory Commission on State Emergency Communications. No one testified in opposition to the bill. The bill was left pending. H.B. 1293 was considered by the Committee on Civil Practices in a public hearing on April 12, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of six ayes, zero nays, zero pnvs and three absent.