75R10900 SKB-D
By Carter H.B. No. 1324
Substitute the following for H.B. No. 1324:
By Carter C.S.H.B. No. 1324
A BILL TO BE ENTITLED
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. Section 771.053, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 771.053. LIABILITY OF SERVICE PROVIDERS AND CERTAIN
1-15 PUBLIC OFFICERS. (a) The following persons are not liable for any
1-16 claim, damage, or loss arising from the provision of 9-1-1 service
1-17 unless the act or omission proximately causing the claim, damage,
1-18 or loss constitutes gross negligence, recklessness, or intentional
1-19 misconduct:
1-20 (1) a [A] service provider of telecommunications
1-21 service involved in providing 9-1-1 service;[,]
1-22 (2) a service provider of an addressing system or
1-23 address database used in providing 9-1-1 service;
1-24 (3) a manufacturer of equipment used in providing
2-1 9-1-1 service;
2-2 (4) a developer or provider of software used in
2-3 providing 9-1-1 service for a regional planning commission or an
2-4 emergency communication district;[,] or
2-5 (5) an officer or employee of a service provider,
2-6 manufacturer, or software developer or provider described by this
2-7 subsection [involved in providing 9-1-1 service is not liable for
2-8 any claim, damage, or loss arising from the provision of 9-1-1
2-9 service unless the act or omission proximately causing the claim,
2-10 damage, or loss constitutes gross negligence, recklessness, or
2-11 intentional misconduct].
2-12 (b) A member of the advisory commission, [or of] the
2-13 governing body of a public agency, or the General Services
2-14 Commission is not liable for any claim, damage, or loss arising
2-15 from the provision of 9-1-1 service unless the act or omission
2-16 causing the claim, damage, or loss violates a statute or ordinance
2-17 applicable to the action.
2-18 SECTION 3. Subchapter C, Chapter 771, Health and Safety
2-19 Code, is amended by adding Sections 771.061 and 771.062 to read as
2-20 follows:
2-21 Sec. 771.061. CONFIDENTIALITY OF INFORMATION. (a)
2-22 Information that a service provider of telecommunications service
2-23 is required to furnish to a governmental entity in providing
2-24 computerized 9-1-1 service is confidential and is not available for
2-25 public inspection. Information that is contained in an address
2-26 database maintained by a governmental entity or a third party used
2-27 in providing computerized 9-1-1 service is confidential and is not
3-1 available for public inspection. The service provider or third
3-2 party is not liable to any person who uses a computerized 9-1-1
3-3 service for the release of information furnished by the service
3-4 provider or third party in providing computerized 9-1-1 service.
3-5 (b) Information that a service provider of
3-6 telecommunications service furnishes to the advisory commission, a
3-7 regional planning commission, or an emergency communication
3-8 district to verify or audit emergency service fees or surcharge
3-9 remittances and that includes access line or market share
3-10 information of an individual service provider is confidential and
3-11 not available for public inspection.
3-12 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
3-13 emergency communication district may adopt any provision of this
3-14 chapter or any advisory commission rule. The advisory commission
3-15 may enforce a provision or rule adopted by an emergency
3-16 communication district under this section.
3-17 (b) The advisory commission shall maintain and update at
3-18 least annually a list of provisions or rules that have been adopted
3-19 by emergency communication districts under this section.
3-20 SECTION 4. Section 771.073, Health and Safety Code, is
3-21 amended by adding Subsection (g) to read as follows:
3-22 (g) A 9-1-1 service provider is responsible for correctly
3-23 billing and remitting applicable 9-1-1 fees, charges, and
3-24 equalization surcharges. Any 9-1-1 fees, charges, or equalization
3-25 surcharges erroneously billed to a subscriber by a 9-1-1 service
3-26 provider and erroneously remitted to the advisory commission, a
3-27 regional planning commission, or an emergency communication
4-1 district may not be recovered from the advisory commission,
4-2 regional planning commission, or emergency communication district,
4-3 unless the fees or charges were adjusted due to a refund to the
4-4 subscriber by the local exchange carrier or interexchange carrier.
4-5 SECTION 5. Section 771.074, Health and Safety Code, is
4-6 amended to read as follows:
4-7 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
4-8 this subchapter, Chapter 772, or a home-rule municipality may not
4-9 be imposed on or collected from the state.
4-10 SECTION 6. This Act takes effect September 1, 1997.
4-11 SECTION 7. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.