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.

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