JWW C.S.H.B. 1668 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 1668 By: Junell 4-17-97 Committee Report (Substituted) BACKGROUND Presently 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 the 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 the ACSEC shall impose a 9-1-1 equalization surcharge on each customer receiving intrastate long-distance 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 the ACSEC. PURPOSE To allow the Public Utilities Commission of Texas establish rates for fees collected and allocations of the money collected from the rates. 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 Subchapter D, Chapter 771, Health and Safety Code, by adding Section 771.0725. ESTABLISHMENT OF RATES AND FEES. (a) Public Utilities Commission of Texas shall establish rates for the emergency service fee, and equalization surcharge. (b) Each regional planning commission region may charge a different rate based on the costed of proving 9-1-1 service to the each. (c) The advisory commission shall recommend the rate at which each fee should be imposed and the allocation of the revenue. The advisory commission may make other recommendations at any time. (d) The Public Utility Commission of Texas shall establish the rates and make the allocations as recommended by the advisory board, unless the advisory board decides that the rates or allocations are not appropriate. If the Public Utilities Commission of Texas determines that the rates or allocations recommended by the advisory board are not appropriate then the Public Utility Commission of Texas shall determine and set the rate and/or the allocations in an appropriate manner. The commission must then state the reason for their decision. (e) The Public Utility Commission of Texas may determine the rate or allocations in an informal proceeding. Any proceeding where a rate or allocation is established or considered is not a contested case for the purposes of Chapter 2001, Government Code. Any recommended change in a rate or allocation is not a rate change for the purposes of Subtitle E, Title II, Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes). SECTION 2 Amends Section 771.076, Health Safety Code, as follows: (b) This section is amended by moving the old Subsection (b) to Subsection (d) and adding a new Subsection (b) which stipulates that the comptroller may audit the collections and distributions of a service provider in an audit of that service provider. (c) A regional planning commission or other public agency designated by the regional planning commission that receives money may be audited by the state auditor at the request of the Public Utility Commission of Texas. (d) The audit of the service provider is limited to the collection and remittance under Subsection (a) and the audit of a public agency is limited to the collection and remittance under Subsections (a) and (c). SECTION 3 The rates of the emergency service fee and the equalization surcharge including the allocation of the revenue shall be review and the rates shall be established by the Public Utility Commission of Texas by January 1, 1997. SECTION 4 Repeals Section 771.071(c), Health and Safety Code. SECTION 5 Emergency Clause. This act is effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 References to "the commission" in Section 771.071, Health and Safety Code, are expanded to "the Public Utility Commission of Texas". Section 771.071(e), Health and Safety Code, is amended to state that a proceeding where a rate or allocation is considered or established is not a contested case for the purposes of Chapter 2001, Government Code. SECTION 2 Section 771.076, Health and Safety Code, is amended to state that the Public Utility Commission may request the state auditor to audit a regional planning commission or other agency receiving money under this subchapter. This replaces language stating that, every four years, the auditor is required to conduct an audit of each regional planning commission or other agency receiving money under this subchapter. SECTION 4 The original SECTION 4 is deleted. Subsequent sections are renumbered accordingly.