75R11101 CBH-D
By Junell H.B. No. 1668
Substitute the following for H.B. No. 1668:
By Oakley C.S.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 establish the rates of:
1-12 (1) the emergency service fee 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) The Public Utility Commission of Texas may establish the
1-18 fee imposed under Section 771.071 in a different amount in each
1-19 regional planning commission region based on the cost of providing
1-20 9-1-1 service to each region.
1-21 (c) Each year the advisory commission shall recommend to the
1-22 Public Utility Commission of Texas the rate at which each fee
1-23 should be imposed and the allocation of revenue under Sections
1-24 771.072(d) and (e). The advisory commission may make additional
2-1 recommendations under this subsection at any time if the advisory
2-2 commission determines that action is necessary.
2-3 (d) The Public Utility Commission of Texas shall establish
2-4 each fee at the rate recommended by the advisory commission and
2-5 make the allocations in the manner recommended by the advisory
2-6 commission unless the Public Utility Commission of Texas determines
2-7 that a recommended rate or allocation is not appropriate. If the
2-8 Public Utility Commission of Texas determines that a recommended
2-9 rate or allocation is not appropriate, the Public Utility
2-10 Commission of Texas shall:
2-11 (1) establish the rate at the level or make the
2-12 allocation in the manner the Public Utility Commission of Texas
2-13 determines is appropriate; and
2-14 (2) state the reason for that determination.
2-15 (e) The Public Utility Commission of Texas may establish a
2-16 rate or allocation under this section in an informal proceeding. A
2-17 proceeding in which a rate or allocation is considered or
2-18 established is not a contested case for purposes of Chapter 2001,
2-19 Government Code. A recommended change in a rate or allocation is
2-20 not a rate change for purposes of Subtitle E, Title II, or Subtitle
2-21 E, Title III, Public Utility Regulatory Act of 1995 (Article
2-22 1446c-0, Vernon's Texas Civil Statutes).
2-23 SECTION 2. Section 771.076, Health and Safety Code, is
2-24 amended by amending Subsection (b) and adding Subsections (c) and
2-25 (d) to read as follows:
2-26 (b) If the comptroller conducts an audit of a service
2-27 provider that collects and disburses fees or surcharges under this
3-1 subchapter, the comptroller may also audit those collections and
3-2 disbursements to determine if the provider is complying with this
3-3 chapter.
3-4 (c) At the request of the Public Utility Commission of
3-5 Texas, the state auditor may audit a regional planning commission
3-6 or other public agency designated by the regional planning
3-7 commission that receives money under this subchapter.
3-8 (d) The audit of a service provider under Subsection (a)
3-9 must be limited to the collection and remittance of money collected
3-10 under this subchapter. The audit of a public agency under
3-11 Subsection (a) or (c) must be limited to the collection,
3-12 remittance, and expenditure of money collected under this
3-13 subchapter.
3-14 SECTION 3. Not later than September 1, 1998, the Public
3-15 Utility Commission of Texas shall:
3-16 (1) review the rates of the emergency service fee
3-17 imposed under Section 771.071, Health and Safety Code, and the
3-18 equalization surcharge imposed under Section 771.072, Health and
3-19 Safety Code, including the allocation of revenue under Sections
3-20 771.072(d) and (e); and
3-21 (2) establish the rates of those fees and the manner
3-22 of allocation.
3-23 SECTION 4. Section 771.071(c), Health and Safety Code, is
3-24 repealed.
3-25 SECTION 5. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.