By Carter H.B. No. 1324
75R2356 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration and financing of emergency
1-3 communication districts.
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(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) A service provider of telecommunications service
1-15 involved in providing 9-1-1 service or of an addressing system or
1-16 address database used in providing 9-1-1 service, a manufacturer of
1-17 equipment used in providing 9-1-1 service, a developer or provider
1-18 of software used in providing 9-1-1 service, or an officer or
1-19 employee of a service provider, manufacturer, or software developer
1-20 or provider described by this subsection involved in providing
1-21 9-1-1 service, equipment, or software is not liable for any claim,
1-22 damage, or loss arising from the provision of 9-1-1 service,
1-23 equipment, or software unless the act or omission proximately
1-24 causing the claim, damage, or loss constitutes gross negligence,
2-1 recklessness, or intentional misconduct.
2-2 SECTION 3. Subchapter C, Chapter 771, Health and Safety
2-3 Code, is amended by adding Sections 771.061 and 771.062 to read as
2-4 follows:
2-5 Sec. 771.061. CONFIDENTIALITY OF REQUIRED INFORMATION. (a)
2-6 Information that a service provider of telecommunications service
2-7 is required to furnish to a governmental entity in providing
2-8 computerized 9-1-1 service is confidential and is not available for
2-9 public inspection. The service provider is not liable to any
2-10 person who uses a computerized 9-1-1 service created under this
2-11 subchapter for the release of information furnished by the service
2-12 provider in providing computerized 9-1-1 service.
2-13 (b) Information that a service provider of
2-14 telecommunications service furnishes to the advisory commission, a
2-15 regional planning commission, or an emergency communication
2-16 district to verify or audit emergency service fees or surcharge
2-17 remittances that includes access line or market share information
2-18 of an individual service provider is confidential and not available
2-19 for public inspection.
2-20 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
2-21 emergency communication district may adopt any provision of this
2-22 chapter or any advisory commission rule. The advisory commission
2-23 may enforce a provision or rule adopted by an emergency
2-24 communication district under this section.
2-25 (b) The advisory commission shall maintain and update at
2-26 least annually a list of provisions or rules that have been adopted
2-27 by emergency communication districts under this section.
3-1 SECTION 4. Section 771.075, Health and Safety Code, is
3-2 amended to read as follows:
3-3 Sec. 771.075. USE OF REVENUE. (a) Except as provided by
3-4 Section 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
3-5 collected under this subchapter may be used only for planning,
3-6 development, provision, and enhancing the effectiveness of 9-1-1
3-7 service as approved by the advisory commission.
3-8 (b) A 9-1-1 emergency service fee, equalization surcharge,
3-9 or any other charge described as being related to 9-1-1 service by
3-10 a service provider on a subscriber's bill may be used only by an
3-11 advisory commission, a regional planning commission, or an
3-12 emergency communication district for providing 9-1-1 service or for
3-13 enhancing the effectiveness of 9-1-1 service.
3-14 SECTION 5. Section 771.073, Health and Safety Code, is
3-15 amended by adding Subsection (g) as follows:
3-16 (g) A 9-1-1 service provider is responsible for correctly
3-17 billing and remitting applicable 9-1-1 fees, charges, and
3-18 equalization surcharges. Any 9-1-1 fees, charges, or equalization
3-19 surcharges erroneously billed to a subscriber by a 9-1-1 service
3-20 provider and erroneously remitted to the advisory commission, a
3-21 regional planning commission, or an emergency communication
3-22 district may not be recovered from the advisory commission,
3-23 regional planning commission, or emergency communication district.
3-24 SECTION 6. This Act takes effect September 1, 1997.
3-25 SECTION 7. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.