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.