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.