1-1 By: Junell (Senate Sponsor - Cain) H.B. No. 1668 1-2 (In the Senate - Received from the House May 5, 1997; 1-3 May 6, 1997, read first time and referred to Committee on Economic 1-4 Development; May 17, 1997, reported favorably by the following 1-5 vote: Yeas 8, Nays 0; May 17, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the fees imposed to fund 9-1-1 services and regional 1-9 poison control centers and to the oversight of the collection and 1-10 use of those fees. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter D, Chapter 771, Health and Safety 1-13 Code, is amended by adding Section 771.0725 to read as follows: 1-14 Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES. (a) 1-15 Subject to the applicable limitations prescribed by Sections 1-16 771.071(b) and 771.072(b), (d), and (e), the Public Utility 1-17 Commission of Texas shall monitor the establishment of: 1-18 (1) emergency service fees imposed under Section 1-19 771.071; and 1-20 (2) the equalization surcharge imposed under Section 1-21 771.072, including the allocation of revenue under Sections 1-22 771.072(d) and (e). 1-23 (b) Each year the advisory commission shall provide 1-24 documentation to the Public Utility Commission of Texas regarding 1-25 the rate at which each fee should be imposed and the allocation of 1-26 revenue under Sections 771.072(d) and (e). The advisory commission 1-27 may provide such documentation more often under this subsection if 1-28 the advisory commission determines that action is necessary. 1-29 (c) The Public Utility Commission of Texas shall review the 1-30 documentation provided by the advisory commission as well as 1-31 allocations derived therefrom and also identified by the advisory 1-32 commission. If the Public Utility Commission of Texas determines 1-33 that a recommended rate or allocation is not appropriate, the 1-34 Public Utility Commission of Texas shall provide comments to the 1-35 advisory commission, the governor, and the Legislative Budget Board 1-36 regarding appropriate rates and the basis for that determination. 1-37 (d) The Public Utility Commission of Texas may review and 1-38 make comments regarding a rate or allocation under this section in 1-39 an informal proceeding. A proceeding in which a rate or allocation 1-40 is reviewed is not a contested case for purposes of Chapter 2001, 1-41 Government Code. A review of a rate or allocation is not a rate 1-42 change for purposes of Subtitle E, Title II, or Subtitle E, Title 1-43 III, Public Utility Regulatory Act of 1995 (Article 1446c-0, 1-44 Vernon's Texas Civil Statutes). 1-45 SECTION 2. Section 771.076, Health and Safety Code, is 1-46 amended by amending Subsection (b) and adding Subsections (c) and 1-47 (d) to read as follows: 1-48 (b) If the comptroller conducts an audit of a service 1-49 provider that collects and disburses fees or surcharges under this 1-50 subchapter, the comptroller may also audit those collections and 1-51 disbursements to determine if the provider is complying with this 1-52 chapter. 1-53 (c) At the request of the Public Utility Commission of 1-54 Texas, the state auditor may audit a regional planning commission 1-55 or other public agency designated by the regional planning 1-56 commission that receives money under this subchapter. 1-57 (d) The audit of a service provider under Subsection (a) 1-58 must be limited to the collection and remittance of money collected 1-59 under this subchapter. The audit of a public agency under 1-60 Subsection (a) or (c) must be limited to the collection, 1-61 remittance, and expenditure of money collected under this 1-62 subchapter. 1-63 SECTION 3. Not later than September 1, 1998, the advisory 1-64 commission shall provide documentation to the Public Utility 2-1 Commission of Texas and the Public Utility Commission of Texas 2-2 shall review the rates of the emergency service fee imposed under 2-3 Section 771.071, Health and Safety Code, and the equalization 2-4 surcharge imposed under Section 771.072, Health and Safety Code, 2-5 including the allocation of revenue under Sections 771.072(d) and 2-6 (e). 2-7 SECTION 4. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted. 2-14 * * * * *