1-1 By: Carter, Keel (Senate Sponsor - Cain) H.B. No. 1324 1-2 (In the Senate - Received from the House April 27, 1997; 1-3 April 29, 1997, read first time and referred to Committee on 1-4 Economic Development; May 18, 1997, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays 1-6 0; May 18, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1324 By: Cain 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the administration and financing of emergency 1-11 communications. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 771.051, Health and Safety Code, is 1-14 amended by adding Subsection (c) to read as follows: 1-15 (c) The advisory commission may obtain a commercial license 1-16 or sublicense to sell 9-1-1 or poison control public education and 1-17 training materials in this state or in other states. The advisory 1-18 commission may use all profits from sales for purposes of the 1-19 commission. 1-20 SECTION 2. Subchapter C, Chapter 771, Health and Safety Code, 1-21 is amended by adding Sections 771.061 and 771.062 to read as 1-22 follows: 1-23 Sec. 771.061. CONFIDENTIALITY OF INFORMATION. 1-24 (a) Information that a service provider of telecommunications 1-25 service is required to furnish to a governmental entity in 1-26 providing computerized 9-1-1 service is confidential and is not 1-27 available for public inspection. Information that is contained in 1-28 an address database maintained by a governmental entity or a third 1-29 party used in providing computerized 9-1-1 service is confidential 1-30 and is not available for public inspection. The service provider 1-31 or third party is not liable to any person who uses a computerized 1-32 9-1-1 service for the release of information furnished by the 1-33 service provider or third party in providing computerized 9-1-1 1-34 service, unless the act or omission proximately causing the claim, 1-35 damage, or loss constitutes gross negligence, recklessness, or 1-36 intentional misconduct. 1-37 (b) Information that a service provider of 1-38 telecommunications service furnishes to the advisory commission, a 1-39 regional planning commission, or an emergency communication 1-40 district to verify or audit emergency service fees or surcharge 1-41 remittances and that includes access line or market share 1-42 information of an individual service provider is confidential and 1-43 not available for public inspection. 1-44 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An 1-45 emergency communication district may adopt any provision of this 1-46 chapter or any advisory commission rule. The advisory commission 1-47 may enforce a provision or rule adopted by an emergency 1-48 communication district under this section. 1-49 (b) The advisory commission shall maintain and update at 1-50 least annually a list of provisions or rules that have been adopted 1-51 by emergency communication districts under this section. 1-52 SECTION 3. Section 771.073, Health and Safety Code, is 1-53 amended by adding Subsection (g) to read as follows: 1-54 (g) A 9-1-1 service provider is responsible for correctly 1-55 billing and remitting applicable 9-1-1 fees, charges, and 1-56 equalization surcharges. Any 9-1-1 fees, charges, or equalization 1-57 surcharges erroneously billed to a subscriber by a 9-1-1 service 1-58 provider and erroneously remitted to the advisory commission, a 1-59 regional planning commission, or an emergency communication 1-60 district may not be recovered from the advisory commission regional 1-61 planning commission, or emergency communication district, unless 1-62 the fees or charges were adjusted due to a refund to the subscriber 1-63 by the local exchange carrier or interexchange carrier. 1-64 SECTION 4. Section 771.074, Health and Safety Code, is 2-1 amended to read as follows: 2-2 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by 2-3 this subchapter, Chapter 772, or a home-rule municipality may not 2-4 be imposed on or collected from the state. 2-5 SECTION 5. This Act takes effect September 1, 1997. 2-6 SECTION 6. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended. 2-11 * * * * *