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.