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.

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