BILL ANALYSIS C.S.H.B. 1955 By: Carter 5-6-95 Committee Report (Substituted) BACKGROUND Currently, 9-1-1 service is funded by a monthly fee on local wireline telephone service, excluding pay telephones. This fee covers the costs of deploying the enhanced 9-1-1 technology. This allows for public safety agencies to have equipment that enables them to determine a call back number and location of the caller. This fee is not collected on cellular or wireless telephone service. PURPOSE H.B. 1955 enables the Advisory Commission on State Emergency Communications, as well as, local 9-1-1 districts to impose the 9-1-1 service fee on end user services provided by the cellular and wireless communications service providers. 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 771.001, Health and Safety Code to read as follows: Deletes the definition for "Local exchange service provider" and adds a definition of "Private telecommunications system", "Radio access line" and "Service provider". SECTION 2. Amends Section 771.053 (a) to provide that the businesses involved in providing 911 service is not liable for claim, damage, or loss arising from the total or partial failure of a transmission to an emergency telephone service, unless the act constitutes gross negligence, recklessness, or intentional misconduct. SECTION 3. Amends Section 771.071 (a), (b), and (e), Health and Safety Code to read as follows: Provides that the Commission may impose a 9-1-1 emergency service fee on a radio access line. States that the fee shall be equal to other 9-1-1 emergency fees except the fee may be increased if the charges from the service provider exceed the income from the fees collected by that service provider. SECTION 4. Amends Section 771.073, Health and Safety Code, by adding Subsection (f) which provides that a report or information relating to fees or surcharges is confidential and not subject to disclosure under Chapter 552, Government Code. SECTION 5. Amends Section 772.001, Health and Safety Code as follows: Deletes the definition for "Local exchange access line" and adds a definition of "Private telecommunications system", "Radio access line" and amends the definition of "Service supplier" and "Service User". SECTION 6. Amends Subchapter B, Chapter 772, Health and Safety Code, by adding Section 772.1105 which provides that a service supplier, a manufacturer of equipment, or an officer or employee of a service supplier involved in providing 911 service is not liable for any claim, damage, or loss arising from providing 911 service, including the total or partial failure of a transmission to an emergency telephone service, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. SECTION 7. Amends Section 772.114, Health and Safety Code to provide that the district may impose a 9-1-1 fee on local exchange access lines, their equivalent, or radio access lines. The fee may not be charged on more than 100 radio access lines for a single business entity at a single location, unless the lines are used by residents of the location. The fee on radio access lines may not exceed the residential emergency service fee charged by the district unless the charges from the service supplier exceed the income from the fees collected by that service supplier. SECTION 8. Amends Section 772.115, Health and Safety Code, to read as follows: (a) Provides that the service user is liable for the 9-1-1 fee. (f) A report or information relating to fees or surcharges is confidential and is not subject to disclosure under Chapter 552, Government Code. SECTION 9. Amends Section 772.118(a), Health and Safety Code to provide that a supplier of radio access lines meet the requirements of the FCC. SECTION 10. Amends Subchapter C, Chapter 772, Health and Safety Code, by adding Sec. 772.2105, which provides that a service supplier, a manufacturer of equipment, or an officer or employee of a service supplier involved in providing 911 service is not liable for any claim, damage, or loss arising from providing 911 service, including the total or partial failure of a transmission to an emergency telephone service, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. SECTION 11. Amends Section 772.214, Health and Safety Code to read as follows: Provides that the district may impose a 9-1-1 fee on local exchange access lines, their equivalent, or radio access lines. The fee may not be charged on more than 100 radio access lines for a single business entity at single location, unless the lines are used by residents of the location. The fee on radio access lines may not exceed the residential emergency service fee charged by the district unless the charges from the service supplier exceed the income from the fees collected by that service supplier. SECTION 12. Amends Section 772.215(a) and Section 772.215, Health and Safety Code to provide that the service user is liable for the 9-1-1 fee. A report or information relating to fees or surcharges is confidential and is not subject to disclosure under Chapter 552, Government Code. SECTION 13. Amends Section 772.218(a), and adds 772.218 (h) Health and Safety Code to read as follows: Provides that a supplier of radio access lines meet the requirements of the FCC. SECTION 14. Amends Subchapter D, Chapter 772, Health and Safety Code, by adding Section 772.3105 which provides that a service supplier, a manufacturer of equipment, or an officer or employee of a service supplier involved in providing 911 service is not liable for any claim, damage, or loss arising from providing 911 service, including the total or partial failure of a transmission to an emergency telephone service, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. SECTION 15. Amends Section 772.314, Health and Safety Code to provide that the district may impose a 9-1-1 fee on local exchange access lines, their equivalent, or radio access lines. The fee may not be charged on more than 100 radio lines for a single business entity at a single location, unless the lines are used by residents of the location. The fee on radio access lines may not exceed the residential emergency service fee charged by the district unless the charges from the service supplier exceed the income from the fees collected by that service supplier. SECTION 16. Amends Section 772.315(a) and adds (h) Section 772.315, Health and Safety Code to read as follows: Provides that the service user is liable for the 9-1-1 fee. A report or information relating to fees or surcharges is confidential and is not subject to disclosure under Chapter 552, Government Code. SECTION 17. Amends Section 772.318(a), Health and Safety Code to read as follows: Provides that a supplier of radio access lines meet the requirements of the FCC. SECTION 18. Amends Section 772.403, Health and Safety Code to read as follows: Provides that a county to which this subchapter applies may impose a 9-1-1 emergency fee on radio access lines. The fee on radio access lines may not exceed the residential emergency service fee charged by the county unless the charges from the service supplier exceed the income from the fees collected by that service supplier. SECTION 19. Amends Sections 772.404(b) and (d), and adds (e) Health and Safety Code to read as follows: Provides that the service user is liable for the 9-1-1 fee. A report or information relating to fees or surcharges is confidential and not subject to Chapter 552, Government Code. SECTION 20. Amends Sections 772.405 and 772.406, Health and Safety Code to read as follows: Provides that the commissioners court of a county may require a the county's expense an audit of a service supplier collecting fees and surcharges under this subchapter. States that a service supplier of radio access lines shall meet each requirement of the FCC. SECTION 21. Amends Subchapter E, Chapter 772, Health and Safety Code, by adding Section 72.407 which provides that a service supplier, a manufacturer of equipment, or an officer or employee of a service supplier involved in providing 911 service is not liable for any claim, damage, or loss arising from providing 911 service, including the total or partial failure of a transmission to an emergency telephone service, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. SECTION 22. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute broadens the definition of "radio access line" to cover all potential public accessible wireless services that may impact 911 services. The existing liability provisions of both Chapters 771 and 772 are clarified to apply to the wireless environment. The substitute also ensures the confidentiality of wireless 911 service fee and surcharge reports. SUMMARY OF COMMITTEE ACTION Pursuant to public notice posted on March 15, 1995, HB 1955 was considered by the Committee on State Affairs in a public hearing on March 20, 1995. The Chair laid out HB 1955 and recognized Rep. Carter to explain the bill. The following persons testified for the bill: Mike Pedigo representing himself; Jim Ray representing the Texas Association of Regional Councils; and Laverne Hogan representing the Greater Harris 911 Emergency Network. The Chair recognized Rep. Carter to close. The Chair left HB 1955 pending. The committee considered HB 1955 in a formal meeting on May 4, 1995. The Chair laid out HB 1955. The committee considered a complete substitute for the bill which was adopted without objection. The bill was reported favorably as substituted with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 14 ayes, 0 nays, 0 pnv, 1 absent.