74R11966 DLF-F
          By Carter, Rusling                                    H.B. No. 1955
          Substitute the following for H.B. No. 1955:
          By Craddick                                       C.S.H.B. No. 1955
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the collection of the 9-1-1 emergency service fee from
    1-3  users of local exchange access lines and cellular and wireless
    1-4  telecommunications devices.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 771.001, Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        Sec. 771.001.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Advisory commission" means the Advisory
   1-10  Commission on State Emergency Communications.
   1-11              (2)  "Business service user" means a business service
   1-12  that provides telecommunications service, including 9-1-1 service,
   1-13  to residential end users through a private telephone switch.
   1-14              (3)  "Emergency communication district" means:
   1-15                    (A)  a public agency or group of public agencies
   1-16  acting jointly that provided 9-1-1 service before September 1,
   1-17  1987, or that had voted or contracted before that date to provide
   1-18  that service; or
   1-19                    (B)  a district created under Subchapter B, C, or
   1-20  D, Chapter 772.
   1-21              (4)  "Intrastate long distance service provider" means
   1-22  a telecommunications carrier providing intrastate long distance
   1-23  service, as defined by the advisory commission.
   1-24              (5)  <"Local exchange service provider" means a
    2-1  telecommunications carrier providing telecommunications service in
    2-2  a local exchange service area under a certificate of public
    2-3  convenience and necessity issued by the Public Utility Commission
    2-4  of Texas.>
    2-5              <(6)>  "9-1-1 service" means a telecommunications
    2-6  service that provides the user of the public telephone system the
    2-7  ability to reach a public safety answering point by dialing the
    2-8  digits 9-1-1.
    2-9              (6)  "Private telecommunications system" means a
   2-10  telecommunications system controlled by a person or entity for the
   2-11  sole and exclusive use of the person or entity or an affiliate of
   2-12  the person or entity.
   2-13              (7)  "Public agency" means the state, a municipality, a
   2-14  county, an emergency communication district, a regional planning
   2-15  commission, an appraisal district, or any other political
   2-16  subdivision or district that provides, participates in the
   2-17  provision of, or has authority to provide fire-fighting, law
   2-18  enforcement, ambulance, medical, 9-1-1, or other emergency
   2-19  services.
   2-20              (8)  "Public safety agency" means the division of a
   2-21  public agency that provides fire-fighting, police, medical, or
   2-22  other emergency services, or a private entity that provides
   2-23  emergency medical or ambulance services.
   2-24              (9)  "Public safety answering point" means a
   2-25  continuously operated communications facility that is assigned the
   2-26  responsibility to receive 9-1-1 calls and, as appropriate, to
   2-27  dispatch public safety services or to extend, transfer, or relay
    3-1  9-1-1 calls to appropriate public safety agencies.
    3-2              (10)  "Radio access line" means the telephone number
    3-3  assigned to or used by an end user for two-way local wireless voice
    3-4  service available to the public from a commercial mobile radio
    3-5  service.  The term includes any wireless two-way communication
    3-6  device provided by a mobile service or the functional equivalent of
    3-7  a mobile service that is provided for compensation or monetary
    3-8  gain, interconnected with the public switched network, and
    3-9  available to the public or to such classes of users as to be
   3-10  effectively available to a substantial portion of the public.  The
   3-11  term does not include a radio access line that provides access to a
   3-12  paging or other one-way signaling service, to a communication
   3-13  channel suitable only for data transmission, to a wireless roaming
   3-14  service or other nonvocal radio access line service, or to a
   3-15  private telecommunications system.
   3-16              (11) <(10)>  "Regional planning commission" means a
   3-17  commission established under Chapter 391, Local Government Code.
   3-18              (12)  "Service provider" means an entity providing
   3-19  local exchange access lines or their equivalent or radio access
   3-20  lines.
   3-21        SECTION 2.  Section 771.053(a), Health and Safety Code, is
   3-22  amended to read as follows:
   3-23        (a)  A service provider of telecommunications service
   3-24  involved in providing 9-1-1 service, a manufacturer of equipment
   3-25  used in providing 9-1-1 service, or an officer or employee of a
   3-26  service provider involved in providing 9-1-1 service is not liable
   3-27  for any claim, damage, or loss arising from the provision of 9-1-1
    4-1  service, including the total or partial failure of a transmission
    4-2  to an emergency telephone service, unless the act or omission
    4-3  proximately causing the claim, damage, or loss constitutes gross
    4-4  negligence, recklessness, or intentional misconduct.
    4-5        SECTION 3.  Sections 771.071(a), (b), and (e), Health and
    4-6  Safety Code, are amended to read as follows:
    4-7        (a)  Except as otherwise provided by this subchapter, the
    4-8  advisory commission may impose a 9-1-1 emergency service fee on
    4-9  each local exchange access line, <or> equivalent local exchange
   4-10  access line, or radio access line, including lines of customers in
   4-11  an area served by an emergency communication district participating
   4-12  in the applicable regional plan.  If a business service user
   4-13  provides residential facilities, each line that terminates at a
   4-14  residential unit, and that is a communication link equivalent to a
   4-15  residential local exchange access line, shall be charged the 9-1-1
   4-16  emergency service fee.  The fee may not be imposed on a line to
   4-17  coin-operated public telephone equipment or to public telephone
   4-18  equipment operated by coin or by card reader.  For purposes of this
   4-19  section, the advisory commission shall determine what constitutes
   4-20  an equivalent local exchange access line.
   4-21        (b)  The amount of the fee may not exceed 50 cents a month
   4-22  for each line.  The fee for a radio access line shall be in an
   4-23  amount equal to other 9-1-1 emergency service fees authorized by
   4-24  this section, except that the commission may authorize an increased
   4-25  fee if the charges from the service provider exceed the income from
   4-26  the fees collected by that service provider.
   4-27        (e)  A <local exchange> service provider shall collect the
    5-1  fees imposed on its customers under this section.  Not later than
    5-2  the 60th day after the last day of the month in which the fees are
    5-3  collected, the <local exchange> service provider shall deliver the
    5-4  fees to the regional planning commission or other public agency
    5-5  designated by the regional planning commission and located in the
    5-6  area served by the regional planning commission.
    5-7        SECTION 4.  Section 771.073, Health and Safety Code, is
    5-8  amended by adding Subsection (f) to read as follows:
    5-9        (f)  A report or information that relates to fees or
   5-10  surcharges is confidential and is not subject to disclosure under
   5-11  Chapter 552, Government Code.
   5-12        SECTION 5.  Section 772.001, Health and Safety Code, is
   5-13  amended to read as follows:
   5-14        Sec. 772.001.  DEFINITIONS.  In this chapter:
   5-15              (1)  "Automatic location identification" means a
   5-16  feature corresponding to automatic number identification by which
   5-17  the number provided by the automatic number identification feature
   5-18  is matched with the address or location of the telephone from which
   5-19  the call is made and is presented to the public safety answering
   5-20  point along with the number in a computerized 9-1-1 system.
   5-21              (2)  "Automatic number identification" means a feature
   5-22  that enables a service supplier to identify the telephone number of
   5-23  a caller and that operates by forwarding the caller's telephone
   5-24  number to the public safety answering point, where the data is
   5-25  received by equipment that translates it into a visual display.
   5-26              (3)  "Base rate" means the rate or rates billed by a
   5-27  service supplier, as stated in the service supplier's charges
    6-1  approved by the appropriate regulatory authority, that represent
    6-2  the service supplier's recurring charges for local exchange access
    6-3  lines or their equivalent, exclusive of all taxes, fees, license
    6-4  costs, or similar charges.
    6-5              (4)  "Dispatch method" means the method of responding
    6-6  to a telephone request for emergency service by which a public
    6-7  safety answering point decides on the proper action to be taken and
    6-8  dispatches, when necessary, the appropriate emergency service unit.
    6-9              (5)  <"Local exchange access lines" means all types of
   6-10  lines or trunks that connect a service user to the service
   6-11  supplier's local telephone exchange office.>
   6-12              <(6)>  "9-1-1 service" means a telecommunications
   6-13  service through which the user of a public telephone system has the
   6-14  ability to reach a public safety answering point by dialing the
   6-15  digits 9-1-1.
   6-16              (6) <(7)>  "9-1-1 system" means a system of processing
   6-17  emergency 9-1-1 calls.
   6-18              (7) <(8)>  "Participating jurisdiction" means a public
   6-19  agency that by vote consents to receive 9-1-1 service from an
   6-20  emergency communication district.
   6-21              (8) <(9)>  "Principal service supplier" means the
   6-22  entity that provides the most central office lines to an emergency
   6-23  communication district.
   6-24              (9) <(10)>  "Private safety entity" means a private
   6-25  entity that provides emergency fire-fighting, ambulance, or medical
   6-26  services.
   6-27              (10)  "Private telecommunications system" means a
    7-1  telecommunications system controlled by a person or entity for the
    7-2  sole and exclusive use of the person or entity or an affiliate of
    7-3  the person or entity.
    7-4              (11)  "Public agency" means a municipality or county in
    7-5  this state that provides or has authority to provide fire-fighting,
    7-6  law enforcement, ambulance, medical, or other emergency services.
    7-7              (12)  "Public safety agency" means the division of a
    7-8  public agency that provides fire-fighting, law enforcement,
    7-9  ambulance, medical, or other emergency services.
   7-10              (13)  "Public safety answering point" means a
   7-11  communications facility that:
   7-12                    (A)  is operated continuously;
   7-13                    (B)  is assigned the responsibility to receive
   7-14  9-1-1 calls and, as appropriate, to dispatch emergency response
   7-15  services directly or to transfer or relay emergency 9-1-1 calls to
   7-16  other public safety agencies;
   7-17                    (C)  is the first point of reception by a public
   7-18  safety agency of a 9-1-1 call; and
   7-19                    (D)  serves the jurisdictions in which it is
   7-20  located or other participating jurisdictions.
   7-21              (14)  "Radio access line" means the telephone number
   7-22  assigned to or used by an end user for two-way local wireless voice
   7-23  service available to the public from a commercial mobile radio
   7-24  service.  The term includes any wireless two-way communication
   7-25  device provided by a mobile service or the functional equivalent of
   7-26  a mobile service that is provided for compensation or monetary
   7-27  gain, interconnected with the public switched network, and
    8-1  available to the public or to such classes of users as to be
    8-2  effectively available to a substantial portion of the public.  The
    8-3  term does not include a radio access line that provides access to a
    8-4  paging or other one-way signaling service, to a communication
    8-5  channel suitable only for data transmission, to a wireless roaming
    8-6  service or other nonvocal radio access line service, or to a
    8-7  private telecommunications system.
    8-8              (15) <(14)>  "Relay method" means the method of
    8-9  responding to a telephone request for emergency service by which a
   8-10  public safety answering point notes pertinent information and
   8-11  relays that information to the appropriate public safety agency or
   8-12  other provider of emergency services for appropriate action.
   8-13              (16) <(15)>  "Selective routing" means the feature
   8-14  provided with computerized 9-1-1 service by which 9-1-1 calls are
   8-15  automatically routed to the answering point serving the place from
   8-16  which the call originates.
   8-17              (17) <(16)>  "Service supplier" means an entity
   8-18  providing local exchange access lines or their equivalent or radio
   8-19  access lines to a service user in an emergency communication
   8-20  district.
   8-21              (18) <(17)>  "Service user" means a person that is
   8-22  provided local exchange access lines<,> or their equivalent or
   8-23  radio access lines<,> in an emergency communication district.
   8-24              (19) <(18)>  "Transfer method" means the method of
   8-25  responding to a telephone request for emergency service by which a
   8-26  public safety answering point transfers the call directly to the
   8-27  appropriate public safety agency or other provider of emergency
    9-1  services for appropriate action.
    9-2              (20) <(19)>  "Data base" means the information stored
    9-3  in a management system that is a system of manual procedures and
    9-4  computer programs used to create, store, and update the data
    9-5  required for the selective routing and automatic location
    9-6  identification features in the provision of computerized 9-1-1
    9-7  service.
    9-8              (21) <(20)>  "Business service user" means a business
    9-9  service that provides telecommunications service, including 9-1-1
   9-10  service, to residential end users through a private telephone
   9-11  switch.
   9-12        SECTION 6.  Subchapter B, Chapter 772, Health and Safety
   9-13  Code, is amended by adding Section 772.1105 to read as follows:
   9-14        Sec. 772.1105.  LIABILITY OF SERVICE SUPPLIERS.  A service
   9-15  supplier involved in providing 9-1-1 service, a manufacturer of
   9-16  equipment used in providing 9-1-1 service, or an officer or
   9-17  employee of a service supplier involved in providing 9-1-1 service
   9-18  is not liable for any claim, damage, or loss arising from the
   9-19  provision of 9-1-1 service, including the total or partial failure
   9-20  of a transmission to an emergency telephone service, unless the act
   9-21  or omission proximately causing the claim, damage, or loss
   9-22  constitutes gross negligence, recklessness, or intentional
   9-23  misconduct.
   9-24        SECTION 7.  Section 772.114, Health and Safety Code, is
   9-25  amended to read as follows:
   9-26        Sec. 772.114.  9-1-1 EMERGENCY SERVICE FEES <FEE>.  (a)  The
   9-27  board may impose a 9-1-1 emergency service fee on local exchange
   10-1  access lines or their equivalent <service users> in the district if
   10-2  authorized to do so by a majority of the votes cast in the election
   10-3  to confirm the creation of the district and by a majority vote of
   10-4  the governing body of each participating jurisdiction.  For
   10-5  purposes of this subsection, the jurisdiction of the county is the
   10-6  unincorporated area of the county. The board may also impose a
   10-7  9-1-1 emergency service fee on radio access lines.
   10-8        (b)  The fee on local exchange access lines or their
   10-9  equivalent may be imposed only on the base rate charge or its
  10-10  equivalent, excluding charges for coin-operated telephone
  10-11  equipment.  The fee may not be imposed on more than 100 local
  10-12  exchange access lines or their equivalent or more than 100 radio
  10-13  access lines for a single business entity at a single location,
  10-14  unless the lines are used by residents of the location.  If a
  10-15  business service user provides residential facilities, each line
  10-16  that terminates at a residential unit and that is a communication
  10-17  link equivalent to a residential local exchange access line, shall
  10-18  be charged the 9-1-1 emergency service fee.  Except as provided by
  10-19  Subsection (c), the fees <The fee> must have uniform application
  10-20  and must be imposed in each participating jurisdiction.
  10-21        (c)  The rate of the fee on local exchange access lines may
  10-22  not exceed three percent of the monthly base rate charged a service
  10-23  user by the principal service supplier in the participating
  10-24  jurisdiction.  The fee on radio access lines may not exceed the
  10-25  residential emergency service fee charged by the district, except
  10-26  that the board may authorize an increased fee if the charges from
  10-27  the service supplier exceed the income from the fees collected by
   11-1  that service supplier.
   11-2        (d)  The board shall set the amount of the fees <fee> each
   11-3  year as part of the annual budget.  The board shall notify each
   11-4  service supplier of a change in the amount of the fees <fee> not
   11-5  later than the 91st day before the date the change takes effect.
   11-6        (e)  In imposing the fees <fee>, the board shall attempt to
   11-7  match the district's revenues to its operating expenditures and to
   11-8  provide reasonable reserves for contingencies and for the purchase
   11-9  and installation of 9-1-1 emergency service equipment.  If the
  11-10  revenue received from the fees <fee> exceeds the amount of money
  11-11  needed to fund the district, the board by resolution shall reduce
  11-12  the rate of the fees <fee> to an amount adequate to fund the
  11-13  district as required by this subsection or suspend the imposition
  11-14  of the fees <fee>.  If the board suspends the imposition of the
  11-15  fees <fee>, the board by resolution may reinstitute the fees <fee>
  11-16  if money received by the district is not adequate to fund the
  11-17  district.
  11-18        (f)  In a public agency whose governing body at a later date
  11-19  votes to receive 9-1-1 service from the district, at a later date,
  11-20  the fees are <fee is> imposed beginning on the date specified by
  11-21  the board.  The board may charge the incoming agency an additional
  11-22  amount of money to cover the initial cost of providing 9-1-1
  11-23  service to that agency.  The fees <fee> authorized to be charged in
  11-24  a district apply <applies> to new territory added to the district
  11-25  under Section 772.105(b) when the territory becomes part of the
  11-26  district.
  11-27        SECTION 8.  (a)  Section 772.115, Health and Safety Code, is
   12-1  amended by amending Subsection (a) and adding Subsection (h) to
   12-2  read as follows:
   12-3        (a)  Each billed service user is liable for the applicable
   12-4  fee imposed under Section 772.114 until the fee is paid to the
   12-5  appropriate service supplier.  The fee must be added to and stated
   12-6  separately in the service user's bill from the service supplier.
   12-7  The service supplier shall collect the fee at the same time as the
   12-8  service charge to the service user in accordance with the regular
   12-9  billing practice of the service supplier.  A business service user
  12-10  that provides residential facilities and owns or leases a private
  12-11  telephone switch used to provide telephone service to facility
  12-12  residents shall collect the 9-1-1 emergency service fee and
  12-13  transmit the fees monthly to the district.
  12-14        (h)  A report or information that relates to fees or
  12-15  surcharges is confidential and is not subject to disclosure under
  12-16  Chapter 552, Government Code.
  12-17        (b)  The heading to Section 772.115, Health and Safety Code,
  12-18  is amended to read as follows:
  12-19        Sec. 772.115.  COLLECTION OF FEES <FEE>.
  12-20        SECTION 9.  Section 772.118(a), Health and Safety Code, is
  12-21  amended to read as follows:
  12-22        (a)  As part of computerized 9-1-1 service, a service
  12-23  supplier shall furnish for each call the telephone number of the
  12-24  subscribers and the address associated with the number.  A service
  12-25  supplier of radio access lines shall meet each requirement of the
  12-26  Federal Communications Commission.
  12-27        SECTION 10.  Subchapter C, Chapter 772, Health and Safety
   13-1  Code, is amended by adding Section 772.2105 to read as follows:
   13-2        Sec. 772.2105.  LIABILITY OF SERVICE SUPPLIERS.  A service
   13-3  supplier involved in providing 9-1-1 service, a manufacturer of
   13-4  equipment used in providing 9-1-1 service, or an officer or
   13-5  employee of a service supplier involved in providing 9-1-1 service
   13-6  is not liable for any claim, damage, or loss arising from the
   13-7  provision of 9-1-1 service, including the total or partial failure
   13-8  of a transmission to an emergency telephone service, unless the act
   13-9  or omission proximately causing the claim, damage, or loss
  13-10  constitutes gross negligence, recklessness, or intentional
  13-11  misconduct.
  13-12        SECTION 11.  Section 772.214, Health and Safety Code, is
  13-13  amended to read as follows:
  13-14        Sec. 772.214.  9-1-1 EMERGENCY SERVICE FEES <FEE>.  (a)  The
  13-15  board may impose a 9-1-1 emergency service fee on local exchange
  13-16  access lines or their equivalent <service users> in the district.
  13-17  The board may also impose a 9-1-1 emergency service fee on radio
  13-18  access lines.
  13-19        (b)  The fee on local exchange access lines may be imposed
  13-20  only on the base rate charge or its equivalent, excluding charges
  13-21  for coin-operated telephone equipment.  The fee may not be imposed
  13-22  on more than 100 local exchange access lines or their equivalent or
  13-23  more than 100 radio access lines for a single business entity at a
  13-24  single location, unless the lines are used by residents of the
  13-25  location.  If a business service user provides residential
  13-26  facilities, each line that terminates at a residential unit and
  13-27  that is a communication link equivalent to a residential local
   14-1  exchange access line shall be charged the 9-1-1 emergency service
   14-2  fee.  Except as provided by Subsection (c), the fees <The fee> must
   14-3  have uniform application and must be imposed in each participating
   14-4  jurisdiction.
   14-5        (c)  The rate of the fee on local exchange lines or their
   14-6  equivalent may not exceed three percent of the monthly base rate
   14-7  charged a service user by the principal service supplier in the
   14-8  participating jurisdiction.  The fee on radio access lines may not
   14-9  exceed the residential emergency service fee charged by the
  14-10  district, except that the board may authorize an increased fee if
  14-11  the charges from the service supplier exceed the income from the
  14-12  fees collected by that service supplier.
  14-13        (d)  The board shall set the amount of the fees <fee> each
  14-14  year as part of the annual budget.  The board shall notify each
  14-15  service supplier of a change in the amount of the fees <fee> not
  14-16  later than the 91st day before the date the change takes effect.
  14-17        (e)  In imposing the fees <fee>, the board shall attempt to
  14-18  match the district's revenues to its operating expenditures and to
  14-19  provide reasonable reserves for contingencies and for the purchase
  14-20  and installation of 9-1-1 emergency service equipment.  If the
  14-21  revenue received from the fees <fee> exceeds the amount of money
  14-22  needed to fund the district, the board by resolution shall reduce
  14-23  the rate of the fees <fee> to an amount adequate to fund the
  14-24  district or suspend the imposition of the fees <fee>.  If the board
  14-25  suspends the imposition of the fees <fee>, the board by resolution
  14-26  may reinstitute the fees <fee> if money received by the district is
  14-27  not adequate to fund the district.
   15-1        (f)  In a public agency whose governing body at a later date
   15-2  votes to receive 9-1-1 service from the district, the fees are <fee
   15-3  is> imposed beginning on the date the board approves making the
   15-4  public agency a participating jurisdiction.  The fees <fee>
   15-5  authorized to be charged in a district apply <applies> to new
   15-6  territory added to the district when the territory becomes part of
   15-7  the district.
   15-8        SECTION 12.  (a)  Section 772.215 is amended by amending
   15-9  Subsection (a) and adding Subsection (h) to read as follows:
  15-10        (a)  Each billed service user is liable for the applicable
  15-11  fee imposed under Section 772.214 until the fee is paid to the
  15-12  appropriate service supplier.  The fee must be added to and stated
  15-13  separately in the service user's bill from the service supplier.
  15-14  The service supplier shall collect the fee at the same time as the
  15-15  service charge to the service user in accordance with the regular
  15-16  billing practice of the service supplier.  A business service user
  15-17  that provides residential facilities and owns or leases a private
  15-18  telephone switch used to provide telephone service to facility
  15-19  residents shall collect the 9-1-1 emergency service fee and
  15-20  transmit the fees monthly to the district.
  15-21        (h)  A report or information that relates to fees or
  15-22  surcharges is confidential and is not subject to disclosure under
  15-23  Chapter 552, Government Code.
  15-24        (b)  The heading for Section 772.215, Health and Safety Code,
  15-25  is amended to read as follows:
  15-26        Sec. 772.215.  COLLECTION OF FEES <FEE>.
  15-27        SECTION 13.  Section 772.218(a), Health and Safety Code, is
   16-1  amended to read as follows:
   16-2        (a)  As part of computerized 9-1-1 service, a service
   16-3  supplier shall furnish for each call the telephone number of the
   16-4  subscriber and the address associated with the number.   A service
   16-5  supplier of radio access lines shall meet each requirement of the
   16-6  Federal Communications Commission.
   16-7        SECTION 14.  Subchapter D, Chapter 772, Health and Safety
   16-8  Code, is amended by adding Section 772.3105 to read as follows:
   16-9        Sec. 772.3105.  LIABILITY OF SERVICE SUPPLIERS.  A service
  16-10  supplier involved in providing 9-1-1 service, a manufacturer of
  16-11  equipment used in providing 9-1-1 service, or an officer or
  16-12  employee of a service supplier involved in providing 9-1-1 service
  16-13  is not liable for any claim, damage, or loss arising from the
  16-14  provision of 9-1-1 service, including the total or partial failure
  16-15  of a transmission to an emergency telephone service, unless the act
  16-16  or omission proximately causing the claim, damage, or loss
  16-17  constitutes gross negligence, recklessness, or intentional
  16-18  misconduct.
  16-19        SECTION 15.  Section 772.314, Health and Safety Code, is
  16-20  amended to read as follows:
  16-21        Sec. 772.314.  9-1-1 EMERGENCY SERVICE FEES <FEE>.  (a)  The
  16-22  board may impose a 9-1-1 emergency service fee on local exchange
  16-23  access lines or their equivalent <service users> in the district.
  16-24  The board may also impose a 9-1-1 emergency service fee on radio
  16-25  access lines.
  16-26        (b)  The fee on local exchange access lines or their
  16-27  equivalent may be imposed only on the base rate charge or its
   17-1  equivalent, excluding charges for coin-operated telephone
   17-2  equipment.  The fee may not be imposed on more than 100 local
   17-3  exchange access lines or their equivalent or more than 100 radio
   17-4  access lines for a single business entity at a single location,
   17-5  unless the lines are used by residents of the location.  If a
   17-6  business service user provides residential facilities, each line
   17-7  that terminates at a residential unit and that is a communication
   17-8  link equivalent to a residential local exchange access line shall
   17-9  be charged the 9-1-1 emergency service fee.  Except as provided by
  17-10  Subsection (c), the fees <The fee> must have uniform application
  17-11  and must be imposed in each participating jurisdiction.
  17-12        (c)  The rate of the fee on local exchange access lines or
  17-13  their equivalent may not exceed six percent of the monthly base
  17-14  rate in a service year charged a service user by the principal
  17-15  service supplier in the participating jurisdiction.  For purposes
  17-16  of this subsection, the jurisdiction of the county is the
  17-17  unincorporated area of the county.   The fee on radio access lines
  17-18  may not exceed the residential emergency service fee charged by the
  17-19  district, except that the board may authorize an increased fee if
  17-20  the charges from the service supplier exceed the income from the
  17-21  fees collected by that service supplier.
  17-22        (d)  The board shall set the amount of the fees <fee> each
  17-23  year as part of the annual budget.  The board shall notify each
  17-24  service supplier of a change in the amount of the fees <fee> not
  17-25  later than the 91st day before the date the change takes effect.
  17-26        (e)  In imposing the fees <fee>, the board shall attempt to
  17-27  match the district's revenues to its operating expenditures and to
   18-1  provide reasonable reserves for contingencies and for the purchase
   18-2  and installation of 9-1-1 emergency service equipment.  If the
   18-3  revenue generated by the fees <fee> exceeds the amount of money
   18-4  needed to fund the district, the board by resolution shall reduce
   18-5  the rate of the fees <fee> to an amount adequate to fund the
   18-6  district or suspend the imposition of the fees <fee>.  If the board
   18-7  suspends the imposition of the fees <fee>, the board by resolution
   18-8  may reinstitute the fees <fee> if money generated by the district
   18-9  is not adequate to fund the district.
  18-10        (f)  In a public agency whose governing body at a later date
  18-11  votes to receive 9-1-1 service from the district, the fees are <fee
  18-12  is> imposed beginning on the date specified by the board.  The
  18-13  board may charge the incoming agency an additional amount of money
  18-14  to cover the initial cost of providing 9-1-1 service to that
  18-15  agency.  The fees <fee> authorized to be charged in a district
  18-16  apply <applies> to new territory added to the district when the
  18-17  territory becomes part of the district.
  18-18        (g)  For the purposes of this section, the jurisdiction of
  18-19  the county is the unincorporated area of the county.
  18-20        SECTION 16.  (a)  Section 772.315, Health and Safety Code, is
  18-21  amended by amending Subsection (a) and adding Subsection (h) to
  18-22  read as follows:
  18-23        (a)  Each billed service user is liable for the applicable
  18-24  fee imposed under Section 772.314 until the fee is paid to the
  18-25  appropriate service supplier.  The fee must be added to and stated
  18-26  separately in the service user's bill from the service supplier.
  18-27  The service supplier shall collect the fee at the same time as the
   19-1  service charge to the service user in accordance with the regular
   19-2  billing practice of the service supplier.  A business service user
   19-3  that provides residential facilities and owns or leases a private
   19-4  telephone switch used to provide telephone service to facility
   19-5  residents shall collect the 9-1-1 emergency service fee and
   19-6  transmit the fees monthly to the district.
   19-7        (h)  A report or information that relates to fees or
   19-8  surcharges is confidential and is not subject to disclosure under
   19-9  Chapter 552, Government Code.
  19-10        (b)  The heading of Section 772.315, Health and Safety Code,
  19-11  is amended to read as follows:
  19-12        Sec. 772.315.  COLLECTION OF FEES <FEE>.
  19-13        SECTION 17.  Section 772.318(a), Health and Safety Code, is
  19-14  amended to read as follows:
  19-15        (a)  As part of computerized 9-1-1 service, a service
  19-16  supplier shall furnish current telephone numbers of subscribers and
  19-17  the addresses associated with the numbers on a call-by-call basis.
  19-18  A service supplier of radio access lines shall meet each
  19-19  requirement of the Federal Communications Commission.
  19-20        SECTION 18.  Section 772.403, Health and Safety Code, is
  19-21  amended to read as follows:
  19-22        Sec. 772.403.  IMPLEMENTATION OF 9-1-1 SERVICE AND FEES
  19-23  <FEE>.  (a)  A county to which this subchapter applies may
  19-24  implement a system for providing 9-1-1 service in the
  19-25  unincorporated areas of the county and may impose a service fee on
  19-26  local exchange telephone service customers in the area served.  The
  19-27  county may also impose a 9-1-1 emergency service fee on radio
   20-1  access lines.  If a business service user provides residential
   20-2  facilities, each line that terminates at a residential unit and
   20-3  that is a communication link equivalent to a residential local
   20-4  exchange access line shall be charged the 9-1-1 emergency service
   20-5  fee.
   20-6        (b)  The commissioners court shall set the 9-1-1 emergency
   20-7  service fee in an amount reasonable to cover the costs of providing
   20-8  the 9-1-1 service.  The fee on radio access lines may not exceed
   20-9  the residential emergency service fee charged by the county, except
  20-10  that the county may authorize an increased fee if the charges from
  20-11  the service supplier exceed the income from the fees collected by
  20-12  that service supplier.
  20-13        (c)  Revenue from the fee may be used only for the planning,
  20-14  development, and provision of 9-1-1 service.
  20-15        SECTION 19.  Section 772.404, Health and Safety Code, is
  20-16  amended by amending Subsections (b) and (d) and adding Subsection
  20-17  (e) to read as follows:
  20-18        (b)  A customer on whom a fee is imposed under this
  20-19  subchapter is liable for the applicable fee in the same manner the
  20-20  customer is liable for charges for service provided by the <local
  20-21  exchange> service supplier <provider>.  The fee must be stated
  20-22  separately in the customer's bill.
  20-23        (d)  A <local exchange> service supplier <provider>
  20-24  collecting fees under this subchapter may retain as an
  20-25  administrative fee an amount equal to two percent of the total
  20-26  amount of the fees it collects.
  20-27        (e)  A report or information that relates to fees or
   21-1  surcharges is confidential and is not subject to disclosure under
   21-2  Chapter 552, Government Code.
   21-3        SECTION 20.  Sections 772.405 and 772.406, Health and Safety
   21-4  Code, are amended to read as follows:
   21-5        Sec. 772.405.  AUDIT OF SERVICE PROVIDER.  The commissioners
   21-6  court of a county may require at the county's expense an audit of a
   21-7  <local exchange> service supplier <provider> collecting fees or
   21-8  surcharges under this subchapter.  The audit must be limited to the
   21-9  collection and remittance of money collected under this subchapter.
  21-10        Sec. 772.406.  NUMBER AND LOCATION IDENTIFICATION.  A
  21-11  business service user that provides residential facilities and owns
  21-12  or leases a private telephone switch used to provide telephone
  21-13  service to facility residents shall provide to those residential
  21-14  end users the same level of 9-1-1 service relating to number and
  21-15  location identification that a service supplier provides to other
  21-16  residential end users in the county.    A service supplier of radio
  21-17  access lines shall meet each requirement of the Federal
  21-18  Communications Commission.
  21-19        SECTION 21.  Subchapter E, Chapter 772, Health and Safety
  21-20  Code, is amended by adding Section 772.407 to read as follows:
  21-21        Sec. 772.407.  LIABILITY OF SERVICE SUPPLIERS.  A service
  21-22  supplier involved in providing 9-1-1 service, a manufacturer of
  21-23  equipment used in providing 9-1-1 service, or an officer or
  21-24  employee of a service supplier involved in providing 9-1-1 service
  21-25  is not liable for any claim, damage, or loss arising from the
  21-26  provision of 9-1-1 service, including the total or partial failure
  21-27  of a transmission to an emergency telephone service, unless the act
   22-1  or omission proximately causing the claim, damage, or loss
   22-2  constitutes gross negligence, recklessness, or intentional
   22-3  misconduct.
   22-4        SECTION 22.  The importance of this legislation and the
   22-5  crowded condition of the calendars in both houses create an
   22-6  emergency and an imperative public necessity that the
   22-7  constitutional rule requiring bills to be read on three several
   22-8  days in each house be suspended, and this rule is hereby suspended.