By Carter H.B. No. 2129 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the administration and financing of wireless service 1-3 providers of 9-1-1 service. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 771.001, Health and Safety Code, is 1-6 amended by adding Subdivisions (12) and (13) to read as follows: 1-7 (12) "Wireless service provider" means a provider of 1-8 commercial mobile service under Section 332(d), Federal 1-9 Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.), 1-10 Federal Communications Commission rules, and the Omnibus Budget 1-11 Reconciliation Act of 1993 (Pub. L. No. 103-66), and includes a 1-12 provider of wireless two-way communication service, radio-telephone 1-13 communications related to cellular telephone service, network radio 1-14 access lines or the equivalent, and personal communication service. 1-15 The term does not include a provider of: 1-16 (A) a service whose users do not have access to 1-17 9-1-1 service; 1-18 (B) a communication channel used only for data 1-19 transmission; 1-20 (C) a wireless roaming service or other nonlocal 1-21 radio access line service; or 1-22 (D) a private telecommunications service. 1-23 (13) "Wireless telecommunications connection" means 1-24 any wireless communication mobile station assigned a number 2-1 containing an area code assigned to Texas by the North American 2-2 Numbering Plan Administrator that connects a wireless service 2-3 provider to the local exchange service provider. 2-4 SECTION 2. Subchapter D, Chapter 771, Health and Safety 2-5 Code, is amended by adding Section 771.0711 to read as follows: 2-6 Sec. 771.0711. EMERGENCY SERVICE FEE FOR WIRELESS 2-7 TELECOMMUNICATIONS CONNECTIONS. (a) To provide for automatic 2-8 number identification and automatic location identification of 2-9 wireless 9-1-1 calls, the advisory commission shall impose on each 2-10 wireless telecommunications connection a 9-1-1 emergency service 2-11 fee. A political subdivision may not impose another fee on a 2-12 wireless service provider or subscriber for 9-1-1 emergency 2-13 service. 2-14 (b) A wireless service provider shall collect the fee in an 2-15 amount equal to 50 cents a month for each wireless 2-16 telecommunications connection from its subscribers and shall pay 2-17 the money collected to the advisory commission not later than the 2-18 30th day after the last day of the month during which the fees were 2-19 collected. The wireless service provider may retain an 2-20 administrative fee of one percent of the amount collected. Money 2-21 the advisory commission collects under this subsection is from 2-22 local fees and the money remains outside the state treasury. 2-23 (c) Money collected under Subsection (b) may be used only 2-24 for services related to 9-1-1 services, including automatic number 2-25 identification and automatic location information services. Within 2-26 15 days of the date of collection of the money, the advisory 2-27 commission shall distribute to each regional planning commission 3-1 and emergency communication district a portion of the money that 3-2 bears the same proportion to the total amount collected that the 3-3 population of the area served by the commission or district bears 3-4 to the total combined population of the areas served by a 3-5 commission or district. 3-6 (d) A service provider of telecommunications service 3-7 involved in providing wireless 9-1-1 service is not liable for any 3-8 claim, damage, or loss arising from the provision of wireless 9-1-1 3-9 service unless the act or omission proximately causing the claim, 3-10 damage, or loss constitutes gross negligence, recklessness, or 3-11 intentional misconduct. 3-12 (e) A member of the advisory commission, the governing body 3-13 of a public agency, or the General Services Commission is not 3-14 liable for any claim, damage, or loss arising from the provision of 3-15 wireless 9-1-1 service unless the act or omission causing the 3-16 claim, damage, or loss violates a statute or ordinance applicable 3-17 to the action. 3-18 (f) A wireless service provider is not required to take 3-19 legal action to enforce the collection of any wireless 9-1-1 3-20 service fee. The advisory commission may establish collection 3-21 procedures and recover the cost of collection from the subscriber 3-22 liable for the fee. The advisory commission may institute legal 3-23 proceedings to collect a fee and in those proceedings is entitled 3-24 to recover from the subscriber court costs, attorney's fees, and 3-25 interest on the amount delinquent. The interest is computed at an 3-26 annual rate of 12 percent beginning on the date the fee becomes 3-27 due. 4-1 (g) On receipt of an invoice from a wireless service 4-2 provider for reasonable expenses for network facilities, including 4-3 equipment, installation, maintenance, and associated implementation 4-4 costs, the advisory commission or an emergency services district of 4-5 a home-rule municipality or an emergency communication district 4-6 created under Chapter 772 shall reimburse the wireless service 4-7 provider in accordance with state law for all expenses related to 4-8 9-1-1 service. 4-9 (h) Information that a wireless service provider is required 4-10 to furnish to a governmental entity in providing 9-1-1 service is 4-11 confidential and exempt from disclosure under Chapter 552, 4-12 Government Code. The wireless service provider is not liable to 4-13 any person who uses a 9-1-1 service created under this subchapter 4-14 for the release of information furnished by the wireless service 4-15 provider in providing 9-1-1 service. Information that is 4-16 confidential under this section may be released only for budgetary 4-17 calculation purposes and only in aggregate form so that no 4-18 provider-specific information may be extrapolated. 4-19 (i) Nothing in this section may be construed to apply to 4-20 wireline 9-1-1 service. 4-21 (j) Nothing in this section precludes funds collected under 4-22 Section 771.072 (Equalization Surcharge) from being used to cover 4-23 costs under Subsection (g), as necessary and appropriate, including 4-24 for rural areas that may need additional funds for wireless 9-1-1. 4-25 SECTION 3. This Act takes effect September 1, 1997. 4-26 SECTION 4. This Act is governed by the provisions of Section 4-27 771.032, Health and Safety Code (Application of Sunset Act). 5-1 SECTION 5. The importance of this legislation and the 5-2 crowded condition of the calendars in both houses create an 5-3 emergency and an imperative public necessity that the 5-4 constitutional rule requiring bills to be read on three several 5-5 days in each house be suspended, and this rule is hereby suspended.