TWT H.B. 1437 75(R)BILL ANALYSIS TRANSPORTATION H.B. 1437 By: Carter 4-18-97 Committee Report (Substituted) BACKGROUND The Advisory Commission on State Emergency Communications (ACSEC), the Texas Department of Health (TDH), the Texas Department of Transportation (TXDOT), the Texas Department of Public Safety (DPS), local governments, and the telephone industry have been operating an emergency call box test program since 1993. The program has been testing the use of emergency call boxes in four areas -- Cameron, Hale, Tarrant and Travis counties. Finds of the program reveal that 13 percent of the calls made from call boxes generated a response by either police, fire or emergency medical services. Calls to wrecker services or a third party (family member or work place) to assist stranded motorists comprised 52 percent of the calls made during the test period. PURPOSE The purpose of this bill is to establish an emergency telephone call box system for highway users in Texas. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the TXDOT in Section 1, Sec. 226.003; to the ACSEC in Section 1, Sec. 226.006; and to the Texas Department of Insurance (TDI) in Section 1, Sec. 226.009. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 6, Transportation Code, by adding Chapter 226. CHAPTER 226. EMERGENCY HIGHWAY CALL BOX SYSTEM Sec. 226.001. Defines emergency response services as: (1) firefighting, law enforcement, or emergency medical services that are provided by a public agency; or (2) motorist assistance services. Sec. 226.002. This chapter does not: (1) apply to commission designated farm-to-market roads or ranch-to-market roads; or (2) authorize the TXDOT to spend more money to implement, operate or maintain the call box system than is deposited in the emergency call box fund. Sec. 226.003. (a) The TXDOT is responsible for installing, operating and maintaining emergency telephone call boxes along highways that are part of the designated state highways system. (b) The system must: (1) be designed to allow users to request emergency and non-emergency response services; (2) include wired and wireless telecommunication services and one or more motorist assistant answering centers; and (3) be capable of performing Intelligent Transportation Systems (ITS) functions. (c) To minimize the number of calls to 9-1-1 centers, the TXDOT is required to contract with a private entity to perform motorist assistance answering centers. Sec. 226.004. Allows the TXDOT to determine the location of emergency call boxes in accordance with highway system design specifications. Sec. 226.005. (a) Creates an emergency telephone call box system advisory committee composed of the executive officers or the officer's representatives of the: TXDOT, ACSEC, General Services Commission, TDH, and the DPS. (b) Authorizes the committee to: advise and assist in the design, operation and maintenance of the system; and the development of contract specifications. Sec. 226.006. (a) Requires the ACSEC to: (1) provide technical and management oversight to support the proper routing of a call to an emergency response provider from an emergency call box and the response to that call; and (2) coordinate the operation and maintenance of the emergency response system through local councils of government and 9-1-1 districts. (b) Requires any standards established by the ACSEC to be applicable statewide. Sec. 226.007. (a) Requires the TXDOT to award one or more contracts to implement the system no later than June 1, 1998. Requires installation to begin no later than September 1, 1998. Requires implementation to each area of the state with cellular telephone coverage. (b) The contract awards process must follow Chapter 223 (Bids and Contracts for Highway Projects), Transportation Code. (c) Authorizes the TXDOT to solicit proposals for and enter into lease-purchase agreements. Sec. 226.008. (a) Requires state agencies, the ACSEC, counties and cities to cooperate in the design, establishment, operation and maintenance of the emergency call box system. (b) Requires local government to support public relations efforts with local media. Sec. 226.009. (a) Defines insurer and motor vehicle years of insurance. (b) Requires insurers to pay by March 1 of each year to the comptroller a fee equal to $1 multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer during the preceding calendar year. Requires the amount paid on March 1, 1998, to be the total collected from applicable policies issued after the effective date of this act. (c) The fee imposed is in addition to any other fee imposed on an insurer by law. (d) Prohibits insurers from listing the fee as a line item on the insured's invoice. (e) Requires the comptroller to notify the Texas Department of Insurance (TDI) of each insurer which fails to pay the fee. Authorizes the TDI to revoke an insurer's certificate of authority for failure to pay the fee. (f) Requires the comptroller to deposit fees in a separate account in the state highway fund. Money in this account can only be used to implement, operate, maintain, upgrade or administer the emergency call box system. (g) Requires any revenue derived by the TXDOT, ACSEC, call box advisory committee or other agency or department from the operation or maintenance of the system to be deposited by the comptroller into the emergency call box account. (h) Emergency call box funds are exempt from the application of Sec. 403.095, Government Code. Sec. 226.010. (a) Requires the TXDOT by November 1 of each year to file a report with the lieutenant governor, speaker and Legislative Budget Board on the activities of system. (b) The report may include the TXDOT's recommendations for legislative action. Sec. 226.011. Makes the Emergency Telephone Call Box System and all provisions of this act subject to the Texas Sunset Act. Unless continued, the advisory committee and the act expire on September 1, 2007. SECTION 2. Effective Date -- September 1, 1997. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. In Sec. 226.002(2), the original cited Section 502.185(d) while the substitute cites Section 226.009, Transportation Code. In Sec. 226.003, the original required the call box system to allow users to communicate with emergency response providers while the substitute allows users to request emergency and nonemergency response services. The substitute requires the system to be capable of performing compatible ITS functions not included in the original. The substitute requires the TXDOT to contract with private entities to provide motorists assistance services in order to minimize the load on local 9-1-1 services. In Sec. 226.004, the original set the distance between call boxes at two miles, except as prohibited by road conditions. The substitute grants the TXDOT authority to determine placement of call boxes. In Sec. 226.005, the substitute deletes (b) of the original, which required the TXDOT to only consult with the call box system committee in determining placement and spacing of boxes. The substitute makes the call box system committee "advisory" and makes the TXDOT a member of the committee. In Sec. 226.006, the title of the section changes from "Technical Assistance From ACSEC" in the original to "Oversight By ACSEC" in the substitute. The substitute also elaborates the role the ACSEC in the call box system. In Sec. 226.007, the substitute removes the requirement in the original that the call box system be implemented by May 1, 2003. In Sec. 226.008, the substitute added Subsection (b), which was not included in the original. In Sec. 226.009, the original dealt with annual reports, which was moved to Sec. 226.010 in the substitute. Sec. 226.009 of the substitute is entirely new. The funding mechanism in the original was contained in Section 2 and required an emergency call box fee to be added to motor vehicle registrations. The funding mechanism in the substitute is contained in Sec. 226.009. In Sec. 226.011, the substitute makes the emergency telephone call box system subject to the Texas Sunset Act. The original contained no comparable provision. SECTION 2. No difference in effective dates. However, the effective date section of the original was Section 3 and contained a provision dealing with the effective date of the emergency call box fee added to motor vehicle registration. The substitute deletes this provision. SECTION 3. The emergency clause of the original was in Section 4 and is moved to Section 3 of the substitute.