By Carter H.B. No. 1437
Substitute the following for H.B. No. 1437:
By Alexander C.S.H.B. No. 1437
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an emergency telephone call box system
1-3 for highway users in this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 6, Transportation Code, is
1-6 amended by adding Chapter 226 to read as follows:
1-7 CHAPTER 226. EMERGENCY HIGHWAY CALL BOX SYSTEM
1-8 Sec. 226.001. DEFINITION. In this chapter, "emergency
1-9 response services" means:
1-10 (1) firefighting, law enforcement, or emergency
1-11 medical services that are provided by a public agency; or
1-12 (2) motorist assistance services.
1-13 Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.
1-14 This chapter does not:
1-15 (1) apply to a segment of a highway that the
1-16 commission has designated as a farm-to-market or ranch-to-market
1-17 road; or
1-18 (2) authorize the department to make an expenditure of
1-19 money for the implementation, operation, or maintenance of the
1-20 emergency telephone call box system under this chapter that exceeds
1-21 the amount of money deposited to the credit of the state highway
1-22 fund under Section 226.009.
1-23 Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF
1-24 CALL BOX SYSTEM. (a) The department shall provide for the
2-1 installment, operation, and maintenance of a system of emergency
2-2 telephone call boxes along those highways in this state that are
2-3 part of the designated state highway system.
2-4 (b) The system must:
2-5 (1) be designed to enable users of those highways to
2-6 request emergency and nonemergency response services; and
2-7 (2) include:
2-8 (A) wired or wireless telecommunications
2-9 services; and
2-10 (B) one or more motorist assistance answering
2-11 centers; and
2-12 (3) be capable of performing compatible Intelligent
2-13 Transportation Systems (ITS) functions.
2-14 (c) To minimize call processing loads in public safety
2-15 answering points established under Chapter 771 or 772, Health and
2-16 Safety Code, the department shall, to the extent practical,
2-17 contract with a private entity to perform the functions of a
2-18 motorist assistance answering center under Section (b) (2) (B).
2-19 Sec. 226.004. LOCATION OF AND DISTANCE BETWEEN CALL BOXES.
2-20 The location of the emergency call boxes shall be determined by the
2-21 department in accordance with the design specifications of the
2-22 system.
2-23 Sec. 226.005. EMERGENCY TELEPHONE CALL BOX SYSTEM ADVISORY
2-24 COMMITTEE. (a) There is created an emergency telephone call box
2-25 system advisory committee. The committee is composed of the
2-26 executive officers, or the representatives of the executive
2-27 officers, of:
3-1 (1) the department;
3-2 (2) the Advisory Commission on State Emergency
3-3 Communications;
3-4 (3) the General Services Commission;
3-5 (4) the Texas Department of Health; and
3-6 (5) the Department of Public Safety.
3-7 (b) Except for the authority provided by Sec. 226.006 of
3-8 this chapter, the committee shall:
3-9 (1) advise and assist in:
3-10 (A) the design, operation, and maintenance of
3-11 the system; and
3-12 (B) the development of specifications for each
3-13 contract to be awarded under this chapter.
3-14 Sec. 226.006. OVERSIGHT BY ADVISORY COMMISSION ON STATE
3-15 EMERGENCY COMMUNICATIONS. (a) The Advisory Commission on State
3-16 Emergency Communications shall:
3-17 (1) provide technical and management oversight to
3-18 support the proper routing of a call made to an emergency response
3-19 services provider from an emergency telephone call box and any
3-20 emergency response to that call; and
3-21 (2) coordinate the operation and maintenance of the
3-22 emergency response system through local councils of governments and
3-23 9-1-1 districts.
3-24 (b) If the advisory commission establishes standards for
3-25 system performance, the standards must be applicable throughout the
3-26 state.
3-27 Sec. 226.007. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION
4-1 OF CALL BOX SYSTEM. (a) The department shall:
4-2 (1) award one or more contracts to implement the
4-3 system not later than June 1, 1998;
4-4 (2) require that installation of the system begin not
4-5 later than September 1, 1998; and
4-6 (3) implement the system in each area of the state
4-7 that has cellular telephone coverage.
4-8 (b) A contract awarded under this chapter shall be awarded
4-9 by the department in the manner provided by Chapter 223.
4-10 (c) The department may solicit proposals for and enter into
4-11 one or more lease-purchase agreements under this chapter.
4-12 Sec. 226.008. INTERGOVERNMENTAL COOPERATION. (a) The
4-13 Advisory Commission on State Emergency Communications, agencies of
4-14 this state, and each county and municipality in this state shall
4-15 cooperate in the design, establishment, operation, and maintenance
4-16 of the emergency telephone call box system.
4-17 (b) Local government authorities shall support statewide
4-18 public relations efforts with local media.
4-19 Sec. 226.009. FEE; OTHER REVENUE. (a) In this section,
4-20 "insurer" and "motor vehicle years of insurance" have the meanings
4-21 assigned those terms by Section 10(a), Article 4413(37), Revised
4-22 Statutes.
4-23 (b) Not later than March 1 of each year, each insurer shall
4-24 pay to the comptroller a fee in an amount equal to $1 multiplied by
4-25 the total number of motor vehicle years of insurance for insurance
4-26 policies delivered, issued for delivery, or renewed by the insurer
4-27 during the preceding calendar year. The amount paid to the
5-1 comptroller on March 1, 1998 shall only be the total collected from
5-2 applicable policies issued after the effective date of this act.
5-3 (c) The fee imposed by this section is in addition to any
5-4 other fee or tax imposed by law on an insurer.
5-5 (d) The fee imposed by this section shall not be reflected
5-6 as an additional line item on the insured's invoice.
5-7 (e) The comptroller shall notify the Texas Department of
5-8 Insurance of each insurer that fails to pay the fee imposed by this
5-9 section. The department of insurance may revoke the certificate of
5-10 authority of an insurer who fails to pay the fee.
5-11 (f) Each fee under this section that is received by the
5-12 comptroller shall be deposited to the credit of a separate account
5-13 in the state highway fund. Money in the account, including any
5-14 interest accrued, may be used only for the purpose of implementing,
5-15 operating, maintaining, upgrading, or administering the emergency
5-16 telephone call box system established under this chapter.
5-17 (g) If the department, the emergency telephone call box
5-18 system advisory committee, the Advisory Commission on State
5-19 Emergency Communications, or another agency or department of this
5-20 state derives any revenue from the operation or maintenance of the
5-21 emergency telephone call box system, the revenue must be sent to
5-22 the comptroller for deposit in the separate account as provided by
5-23 Subsection (f).
5-24 (h) Section 403.095, Government Code, does not apply to
5-25 money deposited to the credit of the state highway fund under this
5-26 section.
5-27 Sec. 226.010. ANNUAL REPORTS. (a) not later than November
6-1 1 of each year, the department shall file with the lieutenant
6-2 governor, the speaker of the house of representatives, and the
6-3 Legislative Budget Board a report on the activities under this
6-4 chapter during the preceding fiscal year.
6-5 (b) The report may include the department's recommendations
6-6 for action by the legislature.
6-7 Sec. 226.011. APPLICATION OF SUNSET ACT. The Emergency
6-8 Telephone Call Box System and the provisions of this act are
6-9 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
6-10 continued in existence as provided by that chapter, the advisory
6-11 committee is abolished and the act expires on September 1, 2007.
6-12 SECTION 2. This Act takes effect September 1, 1997.
6-13 SECTION 3. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.