JWW C.S.H.B. 1324 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 1324
By: Carter
4-7-97
Committee Report (Substituted)



BACKGROUND 

In 1985, the Texas legislature established the 9-1-1 Study Commission to
determine the feasibility of a statewide 9-1-1 system, which was
established in 1987.  The Advisory Commission on State Emergency
Communications administers the 9-1-1 system of automatic identification of
emergency calls.  This system is comprised of 24 emergency communication
districts that operate through 75 separate entities.  

Since the creation of the statewide 9-1-1 system, changes to the industry
and subsequent regulations have created the need for changes to existing
statutes pertaining to the 9-1-1 system. 

PURPOSE

This bill makes changes necessary to address technological changes in the
equipment and services in the industry. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 771.051, Health and Safety Code, by adding
Subsection (c),   which states  that the advisory commission may license
and sell 9-1-1 or poison   control public education and training
materials.  Profits from the sale of such   materials may be used for the
purposes of the advisory commission. 

SECTION 2 Section 771.053(a), Health and Safety Code, is amended by adding
providers of   addressing systems, address databases and software
developers to list of those   protected from liability for claims, damage
or loss arising from 9-1-1 service. 
  
  (b) adds the General Services Commission to entities exempt from damage
claims   related to the provision of 9-1-1 service.  This subsection does
not apply to claims   arising from acts, or omissions (in violation of
statute or ordinance) which result   in the damage. 

SECTION 3 Subchapter C, Chapter 771, Health and Safety Code, is amended by
adding   Section 771.061.  CONFIDENTIALITY OF INFORMATION. 

  (a) information provided to a governmental entity from a
telecommunications   service provider for the purpose of 9-1-1 service is
confidential and not public   record. 

  (b) Information provided by service providers to the advisory
commission, a   regional planning commission or an emergency communication
district for   verification or audit purposes that includes access line or
market share     information is confidential and and not available for
public inspection.  This   subsection applies to information contained in
an address database used to provide   9-1-1 computerized service. 

  Section 771.062.  LOCAL ADOPTION OF STATE RULE.

  (a) An emergency communication district may adopt any provision of this
chapter   or any advisory commission rule. 

  (b) The advisory commission shall maintain and update at least annually
a list of   provisions or rules adopted by districts. 

SECTION 4 Amends Section 771.073, Health and Safety Code by adding
Subsection (g),   which states that service providers are responsible for
correctly billing and   remitting applicable 9-1-1 fees, charges, and
equalization surcharges.  Any   incorrectly handled monies may not be
recovered from the advisory commission,   regional planning commission, or
emergency communication district.      Overpayment from local and
inter-exchange carriers due to subscriber refunds are   not subject to
this provision. 

SECTION 5 Amends Section 771.074, Health and Safety Code, by stating that
fees imposed by   this subchapter, Chapter 772, Health and Safety Code,
and home-rule     municipalities may not be imposed on, or collected from
the state. 

SECTION 6 Effective Date: September 1, 1997.

SECTION 7 Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2 Section 771.053(a), Health and Safety Code, makes no substantive
change. 

  (b) is amended to include the General Services Commission among the
entities   not liable from claims or damages arising from the provision of
9-1-1 service. 

SECTION 3 Section 771.061.  Deletes "REQUIRED" from the section heading.

  (a) adds a provision stating that the information in the address
database used   to provide computerized 9-1-1 service is confidential and
not subject to public   inspection. 

  (b) makes no substantive changes.

SECTION 4 SECTION 4 is deleted. SECTION 5 is renumbered accordingly.
Section     771.073(g), Health and Safety Code, is amended to state that
fees erroneously   remitted to the advisory commission, regional planning
commission, or     emergency communication district may be returned if the
fees or charges were   adjusted due to subscriber refunds from local
exchange or inter-exchange carriers. 

SECTION 5 This section is added.  It is amended to add fees or surcharges
under Chapter 772,   Health and Safety Code, and home-rule municipalities.
The state is exempt from   these fees and surcharges.