SRC-JRN S.B. 1133 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1133
By: Sibley
State Affairs
4-2-97
As Filed


DIGEST 

Currently, Texas motorists who incur vehicle problems may be stranded if
they do not have a cellular telephone available.  Because of vast
stretches of Texas highway, motorists may be faced with potential hazards
such as having to cross dangerous intersections or walking great distances
in inclement weather to use a telephone.  This bill provides for the
establishment of emergency call boxes on Texas highways that will provide
stranded motorists 911 emergency service and tow truck assistance. 

PURPOSE

As proposed, S.B. 1133 provides for the establishment of emergency call
boxes on Texas highways that will provide stranded motorists 911 emergency
service and tow truck assistance. 

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 Title 6B, Transportation Code, by adding Chapter 226, as
follows: 

CHAPTER 226.  EMERGENCY HIGHWAY CALL BOX SYSTEM

Sec. 226.001. DEFINITION.  Defines "emergency response services."

Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.  Provides that
this chapter does not apply to a segment of a highway that the Texas
Transportation Commission has designated as a farm-to-market or
ranch-to-market road.  Provides that this chapter does not authorize the
Texas Department of Transportation (department) to make an expenditure of
money for the implementation, operation, or maintenance of the emergency
telephone call box system under this chapter that exceeds the amount of
money deposited to the credit of the state highway fund under Section
502.185(d).   

Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF CALL BOX SYSTEM.
Requires the department to provide for the  installation, operation, and
maintenance of a system of emergency telephone call boxes along those
highways in this state that are part of the designated state highway
system.  Sets forth requirements of the system. 

Sec. 226.004. DISTANCE BETWEEN CALL BOXES.  Prohibits the distance between
two call boxes from exceeding two miles, except as prohibited by roadway
conditions, when the system is fully implemented.   

Sec. 226.005. EMERGENCY TELEPHONE CALL BOX SYSTEM COMMITTEE. Requires an
emergency telephone call box system committee (committee) to be created.
Sets forth the composition of the committee.  Requires the department to
consult with the committee in determining the initial placement and
spacing of the emergency telephone call boxes.  Requires the committee to
advise and assist the department in the design, operation,  and
maintenance of the system and the development of specifications for each
contract to be awarded under this chapter.   

Sec. 226.006. TECHNICAL ASSISTANCE FROM ADVISORY COMMISSION ON STATE
EMERGENCY COMMUNICATIONS.  Requires the Advisory Commission on State
Emergency Communications (commission)  to provide certain technical
assistance to the department. 

Sec. 226.007. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION OF CALL BOX
SYSTEM.  Sets forth requirements of the department regarding the awarding
of contracts, the installation of the call box system, and the
implementation of the system. Authorizes the department to solicit
proposals for and enter into one or more lease-purchase agreements under
this chapter.   

Sec. 226.008. INTERGOVERNMENTAL COOPERATION.  Requires the commission,
agencies of this state, and each county and municipality in the state to
cooperate with the department in the design, establishment, operation, and
maintenance of the emergency telephone call box system.   

Sec. 226.009. ANNUAL REPORTS.  Requires the department to file an annual
report with certain persons and entities by November 1 of each year.
Authorizes the report to include the department's recommendations for
action by the legislature. 

SECTION 2. Amends Chapter 502D, Transportation Code, by adding Section
502.185, as follows: 

Sec. 502.185. EMERGENCY TELEPHONE CALL BOX SYSTEM FEE.  Requires a person
to pay a fee of $1, in addition to the registration fee, when a person
registers a vehicle under this chapter, except as provided by Subsection
(b) of this section.  Provides that Subsection (a) does not apply to a
vehicle that is owned by and used exclusively in the service of the United
States, this state, or a political subdivision of this state.  Requires
the county assessor-collector to send each $1 fee collected under this
section to the department before the 30th day after the date it is
collected.  Requires each fee collected by the department to be deposited
to the credit of a separate account in the state highway fund. Authorizes
money in the account to be used only for the purpose of implementing or
administering the emergency telephone call box system established by the
department under Chapter 226, except as provided by Subsection (e).
Authorizes the department to use surplus funds, if any exist, for any
purpose for which the money in that fund may be spent.  Prohibits Section
403.095, Government Code, from applying to money deposited in the state
highway fund under this section. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.