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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1668 was passed by the House on May
2, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1668 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor