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.