SRC-CDH H.B. 1668 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1668
By: Junell (Cain)
Economic Development
5-11-97
Engrossed


DIGEST 

Currently, the Health and Safety Code provides that an emergency service
fee is established by the Advisory Commission on State Emergency
Communications (ACSEC) on each local exchange access line or equivalent
with exceptions.  The fee may not exceed 50 cents per month per line and
ACSEC may set the fee in a different amount in each regional planning
commission region based on the cost of providing 9-1-1 service within each
region.  The Health and Safety Code also provides that ACSEC shall impose
a 9-1-1 equalization surcharge on each customer receiving intrastate
longdistance service at a rate not to exceed one and three-tenths of one
percent (0.00013) of the charges for intrastate long-distance service, as
defined by ACSEC.  H.B. 1668 allows the Public Utility Commission of Texas
to establish rates for fees collected and allocations of the money
collected from the rates.   

PURPOSE

As proposed, H.B. 1668 provides for fees imposed to fund 9-1-1 services
and regional poison control centers, and establishes the oversight of the
collection and use of those fees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 771D, Health and Safety Code, by adding Section
771.0725, as follows: 

Sec. 771.0725.  ESTABLISHMENT OF RATES FOR FEES.  Requires the Public
Utility Commission of Texas (commission), subject to the applicable
limitations prescribed by Sections 771.071(b) and 771.072(b), (d), and
(e), to monitor the establishment of emergency service fees imposed under
Section 771.071; and the equalization surcharge imposed under Section
771.072, including the allocation of revenue under Sections 771.072(d) and
(e).  Sets forth the terms by which the Advisory Commission on State
Emergency Communications (ACSEC) is required to provide documentation to
the commission each year regarding the rate at which each fee should be
imposed and the allocation of revenue, and by which the commission is
required to review the documentation as well as allocations derived
therefrom and also identified by ACSEC.  Requires the commission to
provide certain comments to ACSEC, the governor, and the Legislative
Budget Board upon determining that a recommended rate or allocation is not
appropriate.  Sets forth the terms by which the commission is authorized
to review and make comments regarding a rate or allocation in an informal
proceeding.       

SECTION 2. Amends Section 771.076, Health and Safety Code, by amending
Subsection (b), and adding Subsections (c) and (d), to authorize the
comptroller, if the comptroller conducts an audit of a service provider
that collects and disburses fees or surcharges under this subchapter, to
also audit those collections and disbursements to determine if the
provider is complying with this chapter. Authorizes the state auditor, at
the request of the commission, to audit a regional planning commission or
other public agency designated by the regional planning commission that
receives money under this subchapter.  Makes conforming changes. 
 

SECTION 3. Requires ACSEC to provide documentation to the commission not
later than September 1, 1998.  Requires the commission to review the rates
of the emergency service fee imposed under Section 771.071, Health and
Safety Code, and the equalization surcharge imposed under Section 771.072,
Health and Safety Code, including the allocation of revenue under Sections
771.072(d) and (e). 

SECTION 4. Emergency clause.
  Effective date:  upon passage.