By Junell                                       H.B. No. 1668

      75R5476 CBH-D                           

                                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 commission determines that a recommended rate

 2-7     or allocation is not appropriate.  If the  Public Utility

 2-8     Commission of Texas determines that a recommended rate or

 2-9     allocation is not appropriate, the commission shall:

2-10                 (1)  establish the rate at the level or make the

2-11     allocation in the manner the commission determines is appropriate;

2-12     and

2-13                 (2)  state the reason for that determination.

2-14           (e)  The commission may establish a rate or allocation under

2-15     this section in an informal proceeding.  A recommended change in a

2-16     rate or allocation is not a rate change for purposes of Subtitle E,

2-17     Title II, Public Utility Regulatory Act of 1995 (Article 1446c-0,

2-18     Vernon's Texas Civil Statutes).

2-19           SECTION 2.  Section 771.076, Health and Safety Code, is

2-20     amended by amending Subsection (b) and adding Subsections (c) and

2-21     (d) to read as follows:

2-22           (b)  If the comptroller conducts an audit of a service

2-23     provider that collects and disburses fees or surcharges under this

2-24     subchapter,  the comptroller may also audit  those collections and

2-25     disbursements to determine if the provider is complying with this

2-26     chapter.

2-27           (c)  At least once every four years, the state auditor shall

 3-1     audit each regional planning commission or other public agency

 3-2     designated by the regional planning commission that receives money

 3-3     under this subchapter.

 3-4           (d)  The audit of a service provider under Subsection (a)

 3-5     must be limited to the collection and remittance of money collected

 3-6     under  this subchapter.  The audit of a public agency under

 3-7     Subsection (a) or (c) must be limited to the collection,

 3-8     remittance, and expenditure of money collected under this

 3-9     subchapter.

3-10           SECTION 3.  Not later than January 1, 1998, the Public

3-11     Utility Commission of Texas shall:

3-12                 (1)  review the rates of the emergency service fee

3-13     imposed under Section  771.071, Health and Safety Code,  and the

3-14     equalization surcharge imposed under Section 771.072, Health  and

3-15     Safety Code, including the allocation of  revenue under Sections

3-16     771.072(d) and (e); and

3-17                 (2)  establish the rates of those fees and the manner

3-18     of allocation.

3-19           SECTION 4.  (a)  The state auditor shall audit each regional

3-20     planning commission or other public agency designated by the

3-21     regional planning commission that receives money under Chapter 771,

3-22     Health and Safety Code.

3-23           (b)  The state auditor shall prepare a written report

3-24     regarding the audits that includes:

3-25                 (1)  projections of the continuing need for money to

3-26     maintain and enhance 9-1-1 services in this state; and

3-27                 (2)  potential alternatives that could strengthen the

 4-1     state's emergency and trauma services.

 4-2           (c)  Not later than January 15, 1999, the state  auditor

 4-3     shall:

 4-4                 (1)  complete the audits required by Subsection (a) of

 4-5     this section; and

 4-6                 (2)  submit to the governor and the legislature the

 4-7     report  required by Subsection (b) of this section.

 4-8           SECTION 5.  Section 771.071(c), Health and Safety Code, is

 4-9     repealed.

4-10           SECTION 6.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended,

4-15     and that this Act take effect and be in force from and after its

4-16     passage, and it is so enacted.