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.