By Carter                                       H.B. No. 1437

      75R4914 JD-F                           

                                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 502.185(d).

1-23           Sec. 226.003.  INSTALLATION, OPERATION, AND MAINTENANCE OF

1-24     CALL BOX SYSTEM.  (a)  The department shall provide for the

 2-1     installation, 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     communicate with providers of emergency response services; and

 2-7                 (2)  include:

 2-8                       (A)  wireline and wireless telecommunications

 2-9     services; and

2-10                       (B)  one or more motorist assistance answering

2-11     centers.

2-12           Sec. 226.004.  DISTANCE BETWEEN CALL BOXES.  When the system

2-13     is fully implemented, the distance between two call boxes may not

2-14     exceed two miles, except as prohibited by roadway conditions.

2-15           Sec. 226.005.  EMERGENCY TELEPHONE CALL BOX SYSTEM COMMITTEE.

2-16     (a)  There is created an emergency telephone call box system

2-17     committee.  The committee is composed of the executive officers, or

2-18     the representatives of the executive officers, of:

2-19                 (1)  the Advisory Commission on State Emergency

2-20     Communications;

2-21                 (2)  the General Services Commission;

2-22                 (3)  the Texas Department of Health; and

2-23                 (4)  the Department of Public Safety.

2-24           (b)  The department shall consult with the committee in

2-25     determining the initial placement and spacing of the emergency

2-26     telephone call boxes.

2-27           (c)  The committee shall advise and assist the department in:

 3-1                 (1)  the design, operation, and maintenance of the

 3-2     system; and

 3-3                 (2)  the development of specifications for each

 3-4     contract to be awarded under this chapter.

 3-5           Sec. 226.006.  TECHNICAL ASSISTANCE FROM ADVISORY COMMISSION

 3-6     ON STATE EMERGENCY COMMUNICATIONS.  The Advisory Commission on

 3-7     State Emergency Communications shall provide technical assistance

 3-8     to the department, including things necessary to support the proper

 3-9     routing of a call made to an emergency response services provider

3-10     from an emergency telephone call box and any emergency response to

3-11     that call.

3-12           Sec. 226.007.  CONTRACTS FOR IMPLEMENTATION AND INSTALLATION

3-13     OF CALL BOX SYSTEM.  (a)  The department shall:

3-14                 (1)  award one or more contracts to implement the

3-15     system not later than June 1, 1998;

3-16                 (2)  require that installation of the system begin not

3-17     later than September 1, 1998; and

3-18                 (3)  implement the system in each area of the state

3-19     that has cellular telephone coverage not later than May 1, 2003.

3-20           (b)  A contract awarded under this chapter shall be awarded

3-21     by the department in the manner provided by Chapter 223.

3-22           (c)  The department may solicit proposals for and enter into

3-23     one or more lease-purchase agreements under this chapter.

3-24           Sec. 226.008.  INTERGOVERNMENTAL COOPERATION.  The Advisory

3-25     Commission on State Emergency Communications, agencies of this

3-26     state, and each county and municipality in this state shall

3-27     cooperate with the department in the design, establishment,

 4-1     operation, and maintenance of the emergency telephone call box

 4-2     system.

 4-3           Sec. 226.009.  ANNUAL REPORTS.  (a)  Not later than November

 4-4     1 of each year, the department shall file with the lieutenant

 4-5     governor, the speaker of the house of representatives, and the

 4-6     Legislative Budget Board a report on the activities under this

 4-7     chapter during the preceding fiscal year.

 4-8           (b)  The report may include the department's recommendations

 4-9     for action by the legislature.

4-10           SECTION 2.  Subchapter D, Chapter 502, Transportation Code,

4-11     is amended by adding Section 502.185 to read as follows:

4-12           Sec. 502.185.  EMERGENCY TELEPHONE CALL BOX SYSTEM FEE.

4-13     (a)  When a person registers a vehicle under this chapter, except

4-14     as provided by Subsection (b) of this section, the person shall

4-15     pay, in addition to the registration fee, a fee of $1.

4-16           (b)  Subsection (a) does not apply to a vehicle that is owned

4-17     by and used exclusively in the service of the United States, this

4-18     state, or a political subdivision of this state.

4-19           (c)  The county assessor-collector shall send each $1 fee

4-20     collected under this section to the department before the 30th day

4-21     after the date it is collected.

4-22           (d)  Each $1 fee under this section that is collected by the

4-23     department or that is sent to the department shall be deposited to

4-24     the credit of a separate account in the state highway fund.  Except

4-25     as provided by Subsection (e), money in the account may be used

4-26     only for the purpose of implementing or administering the emergency

4-27     telephone call box system established by the department under

 5-1     Chapter 226.

 5-2           (e)  If the amount of money deposited to the credit of the

 5-3     state highway fund under Subsection (d) is greater than the amount

 5-4     of money necessary to design, implement, operate, and maintain the

 5-5     emergency telephone call box system, the department may use the

 5-6     surplus for any purpose for which money in that fund may be spent.

 5-7           (f)  Section 403.095, Government Code, does not apply to

 5-8     money deposited in the state highway fund under this section.

 5-9           SECTION 3.  This Act takes effect September 1, 1997.  Section

5-10     502.185, Transportation Code, as added by this Act, applies only to

5-11     a person who registers a vehicle in this state on or after that

5-12     date.

5-13           SECTION 4.  The importance of this legislation and the

5-14     crowded condition of the calendars in both houses create an

5-15     emergency and an imperative public necessity that the

5-16     constitutional rule requiring bills to be read on three several

5-17     days in each house be suspended, and this rule is hereby suspended.