1-1 AN ACT
1-2 relating to the administration and financing of emergency
1-3 communications.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 771.051, Health and Safety Code, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) The advisory commission may obtain a commercial license
1-8 or sublicense to sell 9-1-1 or poison control public education and
1-9 training materials in this state or in other states. The advisory
1-10 commission may use all profits from sales for purposes of the
1-11 commission.
1-12 SECTION 2. Subchapter C, Chapter 771, Health and Safety Code,
1-13 is amended by adding Sections 771.061 and 771.062 to read as
1-14 follows:
1-15 Sec. 771.061. CONFIDENTIALITY OF INFORMATION.
1-16 (a) Information that a service provider of telecommunications
1-17 service is required to furnish to a governmental entity in
1-18 providing computerized 9-1-1 service is confidential and is not
1-19 available for public inspection. Information that is contained in
1-20 an address database maintained by a governmental entity or a third
1-21 party used in providing computerized 9-1-1 service is confidential
1-22 and is not available for public inspection. The service provider
1-23 or third party is not liable to any person who uses a computerized
1-24 9-1-1 service for the release of information furnished by the
2-1 service provider or third party in providing computerized 9-1-1
2-2 service, unless the act or omission proximately causing the claim,
2-3 damage, or loss constitutes gross negligence, recklessness, or
2-4 intentional misconduct.
2-5 (b) Information that a service provider of
2-6 telecommunications service furnishes to the advisory commission, a
2-7 regional planning commission, or an emergency communication
2-8 district to verify or audit emergency service fees or surcharge
2-9 remittances and that includes access line or market share
2-10 information of an individual service provider is confidential and
2-11 not available for public inspection.
2-12 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
2-13 emergency communication district may adopt any provision of this
2-14 chapter or any advisory commission rule. The advisory commission
2-15 may enforce a provision or rule adopted by an emergency
2-16 communication district under this section.
2-17 (b) The advisory commission shall maintain and update at
2-18 least annually a list of provisions or rules that have been adopted
2-19 by emergency communication districts under this section.
2-20 SECTION 3. Section 771.073, Health and Safety Code, is
2-21 amended by adding Subsection (g) to read as follows:
2-22 (g) A 9-1-1 service provider is responsible for correctly
2-23 billing and remitting applicable 9-1-1 fees, charges, and
2-24 equalization surcharges. Any 9-1-1 fees, charges, or equalization
2-25 surcharges erroneously billed to a subscriber by a 9-1-1 service
2-26 provider and erroneously remitted to the advisory commission, a
2-27 regional planning commission, or an emergency communication
3-1 district may not be recovered from the advisory commission,
3-2 regional planning commission, or emergency communication district,
3-3 unless the fees or charges were adjusted due to a refund to the
3-4 subscriber by the local exchange carrier or interexchange carrier.
3-5 SECTION 4. Section 771.074, Health and Safety Code, is
3-6 amended to read as follows:
3-7 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
3-8 this subchapter, Chapter 772, or a home-rule municipality may not
3-9 be imposed on or collected from the state.
3-10 SECTION 5. This Act takes effect September 1, 1997.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1324 was passed by the House on April
25, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1324 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1324 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor