By Rosson S.B. No. 1164
74R7114 DLF-F
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 for hire from a radio
3-5 communications service company. The term includes any wireless
3-6 two-way communication device, including a radio-telephone
3-7 communications line used in cellular telephone service, a personal
3-8 communication service, a network radio access line, or the
3-9 functional and competitive equivalent of a radio-telephone
3-10 communications line used in cellular telephone service, a personal
3-11 communication service, or a network radio access line. The term
3-12 does not include a radio access line that provides access to a
3-13 paging or other one-way signaling service, to a communication
3-14 channel suitable only for data transmission, to a wireless roaming
3-15 service or other nonlocal radio access line service, or to a
3-16 private telecommunications system.
3-17 (11) <(10)> "Regional planning commission" means a
3-18 commission established under Chapter 391, Local Government Code.
3-19 (12) "Service provider" means an entity providing
3-20 local exchange access lines or their equivalent or radio access
3-21 lines.
3-22 SECTION 2. Sections 771.071(a), (b), and (e), Health and
3-23 Safety Code, are amended to read as follows:
3-24 (a) Except as otherwise provided by this subchapter, the
3-25 advisory commission may impose a 9-1-1 emergency service fee on
3-26 each local exchange access line, <or> equivalent local exchange
3-27 access line, or radio access line, including lines of customers in
4-1 an area served by an emergency communication district participating
4-2 in the applicable regional plan. If a business service user
4-3 provides residential facilities, each line that terminates at a
4-4 residential unit, and that is a communication link equivalent to a
4-5 residential local exchange access line, shall be charged the 9-1-1
4-6 emergency service fee. The fee may not be imposed on a line to
4-7 coin-operated public telephone equipment or to public telephone
4-8 equipment operated by coin or by card reader. For purposes of this
4-9 section, the advisory commission shall determine what constitutes
4-10 an equivalent local exchange access line.
4-11 (b) The amount of the fee may not exceed 50 cents a month
4-12 for each line. The fee for a radio access line shall be in an
4-13 amount equal to other 9-1-1 emergency service fees authorized by
4-14 this section, except that the commission may authorize an increased
4-15 fee if the charges from the service provider exceed the income from
4-16 the fees collected by that service provider.
4-17 (e) A <local exchange> service provider shall collect the
4-18 fees imposed on its customers under this section. Not later than
4-19 the 60th day after the last day of the month in which the fees are
4-20 collected, the <local exchange> service provider shall deliver the
4-21 fees to the regional planning commission or other public agency
4-22 designated by the regional planning commission and located in the
4-23 area served by the regional planning commission.
4-24 SECTION 3. Section 772.001, Health and Safety Code, is
4-25 amended to read as follows:
4-26 Sec. 772.001. DEFINITIONS. In this chapter:
4-27 (1) "Automatic location identification" means a
5-1 feature corresponding to automatic number identification by which
5-2 the number provided by the automatic number identification feature
5-3 is matched with the address or location of the telephone from which
5-4 the call is made and is presented to the public safety answering
5-5 point along with the number in a computerized 9-1-1 system.
5-6 (2) "Automatic number identification" means a feature
5-7 that enables a service supplier to identify the telephone number of
5-8 a caller and that operates by forwarding the caller's telephone
5-9 number to the public safety answering point, where the data is
5-10 received by equipment that translates it into a visual display.
5-11 (3) "Base rate" means the rate or rates billed by a
5-12 service supplier, as stated in the service supplier's charges
5-13 approved by the appropriate regulatory authority, that represent
5-14 the service supplier's recurring charges for local exchange access
5-15 lines or their equivalent, exclusive of all taxes, fees, license
5-16 costs, or similar charges.
5-17 (4) "Dispatch method" means the method of responding
5-18 to a telephone request for emergency service by which a public
5-19 safety answering point decides on the proper action to be taken and
5-20 dispatches, when necessary, the appropriate emergency service unit.
5-21 (5) <"Local exchange access lines" means all types of
5-22 lines or trunks that connect a service user to the service
5-23 supplier's local telephone exchange office.>
5-24 <(6)> "9-1-1 service" means a telecommunications
5-25 service through which the user of a public telephone system has the
5-26 ability to reach a public safety answering point by dialing the
5-27 digits 9-1-1.
6-1 (6) <(7)> "9-1-1 system" means a system of processing
6-2 emergency 9-1-1 calls.
6-3 (7) <(8)> "Participating jurisdiction" means a public
6-4 agency that by vote consents to receive 9-1-1 service from an
6-5 emergency communication district.
6-6 (8) <(9)> "Principal service supplier" means the
6-7 entity that provides the most central office lines to an emergency
6-8 communication district.
6-9 (9) <(10)> "Private safety entity" means a private
6-10 entity that provides emergency fire-fighting, ambulance, or medical
6-11 services.
6-12 (10) "Private telecommunications system" means a
6-13 telecommunications system controlled by a person or entity for the
6-14 sole and exclusive use of the person or entity or an affiliate of
6-15 the person or entity.
6-16 (11) "Public agency" means a municipality or county in
6-17 this state that provides or has authority to provide fire-fighting,
6-18 law enforcement, ambulance, medical, or other emergency services.
6-19 (12) "Public safety agency" means the division of a
6-20 public agency that provides fire-fighting, law enforcement,
6-21 ambulance, medical, or other emergency services.
6-22 (13) "Public safety answering point" means a
6-23 communications facility that:
6-24 (A) is operated continuously;
6-25 (B) is assigned the responsibility to receive
6-26 9-1-1 calls and, as appropriate, to dispatch emergency response
6-27 services directly or to transfer or relay emergency 9-1-1 calls to
7-1 other public safety agencies;
7-2 (C) is the first point of reception by a public
7-3 safety agency of a 9-1-1 call; and
7-4 (D) serves the jurisdictions in which it is
7-5 located or other participating jurisdictions.
7-6 (14) "Radio access line" means the telephone number
7-7 assigned to or used by an end user for two-way local wireless voice
7-8 service available to the public for hire from a radio
7-9 communications service company. The term includes any wireless
7-10 two-way communication device, including a radio-telephone
7-11 communications line used in cellular telephone service, a personal
7-12 communication service, a network radio access line, or the
7-13 functional and competitive equivalent of a radio-telephone
7-14 communications line used in cellular telephone service, a personal
7-15 communication service, or a network radio access line. The term
7-16 does not include a radio access line that provides access to a
7-17 paging or other one-way signaling service, to a communication
7-18 channel suitable only for data transmission, to a wireless roaming
7-19 service or other nonlocal radio access line service, or to a
7-20 private telecommunications system.
7-21 (15) <(14)> "Relay method" means the method of
7-22 responding to a telephone request for emergency service by which a
7-23 public safety answering point notes pertinent information and
7-24 relays that information to the appropriate public safety agency or
7-25 other provider of emergency services for appropriate action.
7-26 (16) <(15)> "Selective routing" means the feature
7-27 provided with computerized 9-1-1 service by which 9-1-1 calls are
8-1 automatically routed to the answering point serving the place from
8-2 which the call originates.
8-3 (17) <(16)> "Service supplier" means an entity
8-4 providing local exchange access lines or their equivalent or radio
8-5 access lines to a service user in an emergency communication
8-6 district.
8-7 (18) <(17)> "Service user" means a person that is
8-8 provided local exchange access lines<,> or their equivalent or
8-9 radio access lines<,> in an emergency communication district.
8-10 (19) <(18)> "Transfer method" means the method of
8-11 responding to a telephone request for emergency service by which a
8-12 public safety answering point transfers the call directly to the
8-13 appropriate public safety agency or other provider of emergency
8-14 services for appropriate action.
8-15 (20) <(19)> "Data base" means the information stored
8-16 in a management system that is a system of manual procedures and
8-17 computer programs used to create, store, and update the data
8-18 required for the selective routing and automatic location
8-19 identification features in the provision of computerized 9-1-1
8-20 service.
8-21 (21) <(20)> "Business service user" means a business
8-22 service that provides telecommunications service, including 9-1-1
8-23 service, to residential end users through a private telephone
8-24 switch.
8-25 SECTION 4. Section 772.114, Health and Safety Code, is
8-26 amended to read as follows:
8-27 Sec. 772.114. 9-1-1 EMERGENCY SERVICE FEES <FEE>. (a) The
9-1 board may impose a 9-1-1 emergency service fee on local exchange
9-2 access lines or their equivalent <service users> in the district if
9-3 authorized to do so by a majority of the votes cast in the election
9-4 to confirm the creation of the district and by a majority vote of
9-5 the governing body of each participating jurisdiction. For
9-6 purposes of this subsection, the jurisdiction of the county is the
9-7 unincorporated area of the county. The board may also impose a
9-8 9-1-1 emergency service fee on radio access lines.
9-9 (b) The fee on local exchange access lines or their
9-10 equivalent may be imposed only on the base rate charge or its
9-11 equivalent, excluding charges for coin-operated telephone
9-12 equipment. The fee may not be imposed on more than 100 local
9-13 exchange access lines or their equivalent or more than 100 radio
9-14 access lines for a single business entity at a single location,
9-15 unless the lines are used by residents of the location. If a
9-16 business service user provides residential facilities, each line
9-17 that terminates at a residential unit and that is a communication
9-18 link equivalent to a residential local exchange access line, shall
9-19 be charged the 9-1-1 emergency service fee. Except as provided by
9-20 Subsection (c), the fees <The fee> must have uniform application
9-21 and must be imposed in each participating jurisdiction.
9-22 (c) The rate of the fee on local exchange access lines may
9-23 not exceed three percent of the monthly base rate charged a service
9-24 user by the principal service supplier in the participating
9-25 jurisdiction. The fee on radio access lines may not exceed the
9-26 residential emergency service fee charged by the district, except
9-27 that the board may authorize an increased fee if the charges from
10-1 the service supplier exceed the income from the fees collected by
10-2 that service supplier.
10-3 (d) The board shall set the amount of the fees <fee> each
10-4 year as part of the annual budget. The board shall notify each
10-5 service supplier of a change in the amount of the fees <fee> not
10-6 later than the 91st day before the date the change takes effect.
10-7 (e) In imposing the fees <fee>, the board shall attempt to
10-8 match the district's revenues to its operating expenditures and to
10-9 provide reasonable reserves for contingencies and for the purchase
10-10 and installation of 9-1-1 emergency service equipment. If the
10-11 revenue received from the fees <fee> exceeds the amount of money
10-12 needed to fund the district, the board by resolution shall reduce
10-13 the rate of the fees <fee> to an amount adequate to fund the
10-14 district as required by this subsection or suspend the imposition
10-15 of the fees <fee>. If the board suspends the imposition of the
10-16 fees <fee>, the board by resolution may reinstitute the fees <fee>
10-17 if money received by the district is not adequate to fund the
10-18 district.
10-19 (f) In a public agency whose governing body at a later date
10-20 votes to receive 9-1-1 service from the district, at a later date,
10-21 the fees are <fee is> imposed beginning on the date specified by
10-22 the board. The board may charge the incoming agency an additional
10-23 amount of money to cover the initial cost of providing 9-1-1
10-24 service to that agency. The fees <fee> authorized to be charged in
10-25 a district apply <applies> to new territory added to the district
10-26 under Section 772.105(b) when the territory becomes part of the
10-27 district.
11-1 SECTION 5. (a) Section 772.115(a), Health and Safety Code,
11-2 is amended to read as follows:
11-3 (a) Each billed service user is liable for the applicable
11-4 fee imposed under Section 772.114 until the fee is paid to the
11-5 appropriate service supplier. The fee must be added to and stated
11-6 separately in the service user's bill from the service supplier.
11-7 The service supplier shall collect the fee at the same time as the
11-8 service charge to the service user in accordance with the regular
11-9 billing practice of the service supplier. A business service user
11-10 that provides residential facilities and owns or leases a private
11-11 telephone switch used to provide telephone service to facility
11-12 residents shall collect the 9-1-1 emergency service fee and
11-13 transmit the fees monthly to the district.
11-14 (b) The heading to Section 772.115, Health and Safety Code,
11-15 is amended to read as follows:
11-16 Sec. 772.115. COLLECTION OF FEES <FEE>.
11-17 SECTION 6. Section 772.118(a), Health and Safety Code, is
11-18 amended to read as follows:
11-19 (a) As part of computerized 9-1-1 service, a service
11-20 supplier shall furnish for each call the telephone number of the
11-21 subscribers and the address associated with the number. A service
11-22 supplier of radio access lines shall meet each requirement of the
11-23 Federal Communications Commission.
11-24 SECTION 7. Section 772.214, Health and Safety Code, is
11-25 amended to read as follows:
11-26 Sec. 772.214. 9-1-1 EMERGENCY SERVICE FEES <FEE>. (a) The
11-27 board may impose a 9-1-1 emergency service fee on local exchange
12-1 access lines or their equivalent <service users> in the district.
12-2 The board may also impose a 9-1-1 emergency service fee on radio
12-3 access lines.
12-4 (b) The fee on local exchange access lines may be imposed
12-5 only on the base rate charge or its equivalent, excluding charges
12-6 for coin-operated telephone equipment. The fee may not be imposed
12-7 on more than 100 local exchange access lines or their equivalent or
12-8 more than 100 radio access lines for a single business entity at a
12-9 single location, unless the lines are used by residents of the
12-10 location. If a business service user provides residential
12-11 facilities, each line that terminates at a residential unit and
12-12 that is a communication link equivalent to a residential local
12-13 exchange access line shall be charged the 9-1-1 emergency service
12-14 fee. Except as provided by Subsection (c), the fees <The fee> must
12-15 have uniform application and must be imposed in each participating
12-16 jurisdiction.
12-17 (c) The rate of the fee on local exchange lines or their
12-18 equivalent may not exceed three percent of the monthly base rate
12-19 charged a service user by the principal service supplier in the
12-20 participating jurisdiction. The fee on radio access lines may not
12-21 exceed the residential emergency service fee charged by the
12-22 district, except that the board may authorize an increased fee if
12-23 the charges from the service supplier exceed the income from the
12-24 fees collected by that service supplier.
12-25 (d) The board shall set the amount of the fees <fee> each
12-26 year as part of the annual budget. The board shall notify each
12-27 service supplier of a change in the amount of the fees <fee> not
13-1 later than the 91st day before the date the change takes effect.
13-2 (e) In imposing the fees <fee>, the board shall attempt to
13-3 match the district's revenues to its operating expenditures and to
13-4 provide reasonable reserves for contingencies and for the purchase
13-5 and installation of 9-1-1 emergency service equipment. If the
13-6 revenue received from the fees <fee> exceeds the amount of money
13-7 needed to fund the district, the board by resolution shall reduce
13-8 the rate of the fees <fee> to an amount adequate to fund the
13-9 district or suspend the imposition of the fees <fee>. If the board
13-10 suspends the imposition of the fees <fee>, the board by resolution
13-11 may reinstitute the fees <fee> if money received by the district is
13-12 not adequate to fund the district.
13-13 (f) In a public agency whose governing body at a later date
13-14 votes to receive 9-1-1 service from the district, the fees are <fee
13-15 is> imposed beginning on the date the board approves making the
13-16 public agency a participating jurisdiction. The fees <fee>
13-17 authorized to be charged in a district apply <applies> to new
13-18 territory added to the district when the territory becomes part of
13-19 the district.
13-20 SECTION 8. (a) Section 772.215(a) is amended to read as
13-21 follows:
13-22 (a) Each billed service user is liable for the applicable
13-23 fee imposed under Section 772.214 until the fee is paid to the
13-24 appropriate service supplier. The fee must be added to and stated
13-25 separately in the service user's bill from the service supplier.
13-26 The service supplier shall collect the fee at the same time as the
13-27 service charge to the service user in accordance with the regular
14-1 billing practice of the service supplier. A business service user
14-2 that provides residential facilities and owns or leases a private
14-3 telephone switch used to provide telephone service to facility
14-4 residents shall collect the 9-1-1 emergency service fee and
14-5 transmit the fees monthly to the district.
14-6 (b) The heading for Section 772.215, Health and Safety Code,
14-7 is amended to read as follows:
14-8 Sec. 772.215. COLLECTION OF FEES <FEE>.
14-9 SECTION 9. Section 772.218(a), Health and Safety Code, is
14-10 amended to read as follows:
14-11 (a) As part of computerized 9-1-1 service, a service
14-12 supplier shall furnish for each call the telephone number of the
14-13 subscriber and the address associated with the number. A service
14-14 supplier of radio access lines shall meet each requirement of the
14-15 Federal Communications Commission.
14-16 SECTION 10. Section 772.314, Health and Safety Code, is
14-17 amended to read as follows:
14-18 Sec. 772.314. 9-1-1 EMERGENCY SERVICE FEES <FEE>. (a) The
14-19 board may impose a 9-1-1 emergency service fee on local exchange
14-20 access lines or their equivalent <service users> in the district.
14-21 The board may also impose a 9-1-1 emergency service fee on radio
14-22 access lines.
14-23 (b) The fee on local exchange access lines or their
14-24 equivalent may be imposed only on the base rate charge or its
14-25 equivalent, excluding charges for coin-operated telephone
14-26 equipment. The fee may not be imposed on more than 100 local
14-27 exchange access lines or their equivalent or more than 100 radio
15-1 access lines for a single business entity at a single location,
15-2 unless the lines are used by residents of the location. If a
15-3 business service user provides residential facilities, each line
15-4 that terminates at a residential unit and that is a communication
15-5 link equivalent to a residential local exchange access line shall
15-6 be charged the 9-1-1 emergency service fee. Except as provided by
15-7 Subsection (c), the fees <The fee> must have uniform application
15-8 and must be imposed in each participating jurisdiction.
15-9 (c) The rate of the fee on local exchange access lines or
15-10 their equivalent may not exceed six percent of the monthly base
15-11 rate in a service year charged a service user by the principal
15-12 service supplier in the participating jurisdiction. For purposes
15-13 of this subsection, the jurisdiction of the county is the
15-14 unincorporated area of the county. The fee on radio access lines
15-15 may not exceed the residential emergency service fee charged by the
15-16 district, except that the board may authorize an increased fee if
15-17 the charges from the service supplier exceed the income from the
15-18 fees collected by that service supplier.
15-19 (d) The board shall set the amount of the fees <fee> each
15-20 year as part of the annual budget. The board shall notify each
15-21 service supplier of a change in the amount of the fees <fee> not
15-22 later than the 91st day before the date the change takes effect.
15-23 (e) In imposing the fees <fee>, the board shall attempt to
15-24 match the district's revenues to its operating expenditures and to
15-25 provide reasonable reserves for contingencies and for the purchase
15-26 and installation of 9-1-1 emergency service equipment. If the
15-27 revenue generated by the fees <fee> exceeds the amount of money
16-1 needed to fund the district, the board by resolution shall reduce
16-2 the rate of the fees <fee> to an amount adequate to fund the
16-3 district or suspend the imposition of the fees <fee>. If the board
16-4 suspends the imposition of the fees <fee>, the board by resolution
16-5 may reinstitute the fees <fee> if money generated by the district
16-6 is not adequate to fund the district.
16-7 (f) In a public agency whose governing body at a later date
16-8 votes to receive 9-1-1 service from the district, the fees are <fee
16-9 is> imposed beginning on the date specified by the board. The
16-10 board may charge the incoming agency an additional amount of money
16-11 to cover the initial cost of providing 9-1-1 service to that
16-12 agency. The fees <fee> authorized to be charged in a district
16-13 apply <applies> to new territory added to the district when the
16-14 territory becomes part of the district.
16-15 (g) For the purposes of this section, the jurisdiction of
16-16 the county is the unincorporated area of the county.
16-17 SECTION 11. (a) Section 772.315(a), Health and Safety Code,
16-18 is amended to read as follows:
16-19 (a) Each billed service user is liable for the applicable
16-20 fee imposed under Section 772.314 until the fee is paid to the
16-21 appropriate service supplier. The fee must be added to and stated
16-22 separately in the service user's bill from the service supplier.
16-23 The service supplier shall collect the fee at the same time as the
16-24 service charge to the service user in accordance with the regular
16-25 billing practice of the service supplier. A business service user
16-26 that provides residential facilities and owns or leases a private
16-27 telephone switch used to provide telephone service to facility
17-1 residents shall collect the 9-1-1 emergency service fee and
17-2 transmit the fees monthly to the district.
17-3 (b) The heading of Section 772.315, Health and Safety Code,
17-4 is amended to read as follows:
17-5 Sec. 772.315. COLLECTION OF FEES <FEE>.
17-6 SECTION 12. Section 772.318(a), Health and Safety Code, is
17-7 amended to read as follows:
17-8 (a) As part of computerized 9-1-1 service, a service
17-9 supplier shall furnish current telephone numbers of subscribers and
17-10 the addresses associated with the numbers on a call-by-call basis.
17-11 A service supplier of radio access lines shall meet each
17-12 requirement of the Federal Communications Commission.
17-13 SECTION 13. Section 772.403, Health and Safety Code, is
17-14 amended to read as follows:
17-15 Sec. 772.403. IMPLEMENTATION OF 9-1-1 SERVICE AND FEES
17-16 <FEE>. (a) A county to which this subchapter applies may
17-17 implement a system for providing 9-1-1 service in the
17-18 unincorporated areas of the county and may impose a service fee on
17-19 local exchange telephone service customers in the area served. The
17-20 county may also impose a 9-1-1 emergency service fee on radio
17-21 access lines. If a business service user provides residential
17-22 facilities, each line that terminates at a residential unit and
17-23 that is a communication link equivalent to a residential local
17-24 exchange access line shall be charged the 9-1-1 emergency service
17-25 fee.
17-26 (b) The commissioners court shall set the 9-1-1 emergency
17-27 service fee in an amount reasonable to cover the costs of providing
18-1 the 9-1-1 service. The fee on radio access lines may not exceed
18-2 the residential emergency service fee charged by the county, except
18-3 that the county may authorize an increased fee if the charges from
18-4 the service supplier exceed the income from the fees collected by
18-5 that service supplier.
18-6 (c) Revenue from the fee may be used only for the planning,
18-7 development, and provision of 9-1-1 service.
18-8 SECTION 14. Sections 772.404(b) and (d), Health and Safety
18-9 Code, are amended to read as follows:
18-10 (b) A customer on whom a fee is imposed under this
18-11 subchapter is liable for the applicable fee in the same manner the
18-12 customer is liable for charges for service provided by the <local
18-13 exchange> service supplier <provider>. The fee must be stated
18-14 separately in the customer's bill.
18-15 (d) A <local exchange> service supplier <provider>
18-16 collecting fees under this subchapter may retain as an
18-17 administrative fee an amount equal to two percent of the total
18-18 amount of the fees it collects.
18-19 SECTION 15. Sections 772.405 and 772.406, Health and Safety
18-20 Code, are amended to read as follows:
18-21 Sec. 772.405. AUDIT OF SERVICE PROVIDER. The commissioners
18-22 court of a county may require at the county's expense an audit of a
18-23 <local exchange> service supplier <provider> collecting fees or
18-24 surcharges under this subchapter. The audit must be limited to the
18-25 collection and remittance of money collected under this subchapter.
18-26 Sec. 772.406. NUMBER AND LOCATION IDENTIFICATION. A
18-27 business service user that provides residential facilities and owns
19-1 or leases a private telephone switch used to provide telephone
19-2 service to facility residents shall provide to those residential
19-3 end users the same level of 9-1-1 service relating to number and
19-4 location identification that a service supplier provides to other
19-5 residential end users in the county. A service supplier of radio
19-6 access lines shall meet each requirement of the Federal
19-7 Communications Commission.
19-8 SECTION 16. The importance of this legislation and the
19-9 crowded condition of the calendars in both houses create an
19-10 emergency and an imperative public necessity that the
19-11 constitutional rule requiring bills to be read on three several
19-12 days in each house be suspended, and this rule is hereby suspended.