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.