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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2129 was passed by the House on May
8, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2129 was passed by the Senate on May
23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor