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.