By Junell                                             H.B. No. 1668

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the fees imposed to fund 9-1-1 services and regional

 1-3     poison control centers and to the oversight of the collection and

 1-4     use of those fees.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter D, Chapter 771, Health and Safety

 1-7     Code, is amended by adding Section 771.0725 to read as follows:

 1-8           Sec. 771.0725.  ESTABLISHMENT OF RATES FOR FEES.  (a)

 1-9     Subject to the applicable limitations prescribed by Sections

1-10     771.071(b) and 771.072(b), (d), and (e), the Public Utility

1-11     Commission of Texas shall monitor the establishment of:

1-12                 (1)  emergency service fees imposed under Section

1-13     771.071; and

1-14                 (2)  the equalization surcharge imposed under Section

1-15     771.072, including the allocation of revenue under Sections

1-16     771.072(d) and (e).

1-17           (b)  Each year the advisory commission shall provide

1-18     documentation to the Public Utility Commission of Texas regarding

1-19     the rate at which each fee should be imposed and the  allocation of

1-20     revenue under Sections 771.072(d) and (e).  The advisory commission

1-21     may provide such documentation more often under this subsection if

1-22     the advisory commission determines that action is necessary.

1-23           (c)  The Public Utility Commission of Texas shall review the

1-24     documentation provided by the advisory commission as well as

 2-1     allocations derived therefrom and also identified by the advisory

 2-2     commission.  If the  Public Utility Commission of Texas determines

 2-3     that a recommended rate or allocation is not appropriate, the

 2-4     Public Utility Commission of Texas shall provide comments to the

 2-5     advisory commission, the governor, and the Legislative Budget Board

 2-6     regarding appropriate rates and the basis for that determination.

 2-7           (d)  The Public Utility Commission of Texas may review and

 2-8     make comments regarding a rate or allocation under this section in

 2-9     an informal proceeding.  A proceeding in which a rate or allocation

2-10     is reviewed is not a contested case for purposes of Chapter 2001,

2-11     Government Code.  A review of a rate or allocation is not a rate

2-12     change for purposes of Subtitle E, Title II, or Subtitle E, Title

2-13     III, Public Utility Regulatory Act of 1995 (Article 1446c-0,

2-14     Vernon's Texas Civil Statutes).

2-15           SECTION 2.  Section 771.076, Health and Safety Code, is

2-16     amended by amending Subsection (b) and adding Subsections (c) and

2-17     (d) to read as follows:

2-18           (b)  If the comptroller conducts an audit of a service

2-19     provider that collects and disburses fees or surcharges under this

2-20     subchapter,  the comptroller may also audit  those collections and

2-21     disbursements to determine if the provider is complying with this

2-22     chapter.

2-23           (c)  At the request of the Public Utility Commission of

2-24     Texas, the state auditor may audit a regional planning commission

2-25     or other public agency designated by the regional planning

2-26     commission that receives money under this subchapter.

2-27           (d)  The audit of a service provider under Subsection (a)

 3-1     must be limited to the collection and remittance of money collected

 3-2     under  this subchapter.  The audit of a public agency under

 3-3     Subsection (a) or (c) must be limited to the collection,

 3-4     remittance, and expenditure of money collected under this

 3-5     subchapter.

 3-6           SECTION 3.  Not later than September 1, 1998, the advisory

 3-7     commission shall provide documentation to the Public Utility

 3-8     Commission of Texas and the Public Utility Commission of Texas

 3-9     shall review the rates of the emergency service fee imposed under

3-10     Section  771.071, Health and Safety Code,  and the equalization

3-11     surcharge imposed under Section 771.072, Health  and Safety Code,

3-12     including the allocation of  revenue under Sections 771.072(d) and

3-13     (e).

3-14           SECTION 4.  The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended,

3-19     and that this Act take effect and be in force from and after its

3-20     passage, and it is so enacted.