By Carter                                       H.B. No. 2129

      75R5109 SKB-D                           

                                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 (Public Law 103-66) and includes a

1-12     provider of wireless two-way communication service, radio-telephone

1-13     communications related to cellular telephone service, personal

1-14     communication service, network radio access lines or the

1-15     equivalent, and personal communication service.  The term does not

1-16     include a provider of:

1-17                       (A)  a service whose users do not have access to

1-18     9-1-1 service;

1-19                       (B)  a communication channel used only for data

1-20     transmission;

1-21                       (C)  a wireless roaming service or other nonlocal

1-22     radio access line service; or

1-23                       (D)  a private telecommunications service.

1-24                 (13)  "Wireless telecommunications connection" means

 2-1     any wireless communication mobile station that connects a wireless

 2-2     service provider to the local exchange service provider.

 2-3           SECTION 2.  Subchapter D, Chapter 771, Health and Safety

 2-4     Code, is amended by adding Section 771.0711 to read as follows:

 2-5           Sec. 771.0711.  EMERGENCY SERVICE FEE FOR WIRELESS

 2-6     TELECOMMUNICATIONS CONNECTIONS.  (a)  The advisory commission shall

 2-7     impose on each wireless telecommunications connection a 9-1-1

 2-8     emergency service fee.  A political subdivision may not impose

 2-9     another fee on a wireless service provider or subscriber for 9-1-1

2-10     emergency service.

2-11           (b)  The advisory commission shall set the amount of the fee

2-12     after consultation with a coordinating committee composed of

2-13     representatives of home-rule municipalities, emergency

2-14     communication districts created under Chapter 772, and

2-15     representatives of the wireless service industry.  The fee may not

2-16     exceed 35 cents per month for each wireless telecommunications

2-17     connection provided to a subscriber.  The fee is not subject to any

2-18     local or state tax.

2-19           (c)  A wireless service provider shall collect the fee from

2-20     its subscribers and shall pay the money collected to the advisory

2-21     commission not later than the 60th day after the last day of the

2-22     month during which the fees were collected.  The wireless service

2-23     provider may retain an administrative fee set by the advisory

2-24     commission.  Money the advisory commission collects under this

2-25     subsection is from local fees and the money remains outside the

2-26     state treasury.  The advisory commission shall set the

2-27     administrative fee under this subsection at not less than one-half

 3-1     of one percent and not more than two percent.

 3-2           (d)  Money collected under Subsection (c) may be used only

 3-3     for services related to 9-1-1 services, including automatic number

 3-4     identification and automatic location information services.  The

 3-5     advisory commission shall:

 3-6                 (1)  distribute to each emergency communication

 3-7     district of a home-rule municipality or emergency communication

 3-8     district created under Chapter 772 a portion of the money the

 3-9     advisory commission receives under Subsection (c) that bears the

3-10     same proportion to the total amount collected that the population

3-11     of the area served by the district bears to the total population of

3-12     the state; and

3-13                 (2)  retain the money remaining after the advisory

3-14     commission's distributions under Subdivision (1) for use under this

3-15     chapter.

3-16           (e)  A wireless service provider of telecommunications

3-17     service involved in providing 9-1-1 service, a manufacturer of

3-18     equipment used in providing 9-1-1 service, or an officer or

3-19     employee of a wireless service provider involved in providing 9-1-1

3-20     service is not liable for any claim, damage, or loss arising from

3-21     the provision of 9-1-1 service unless the act or omission

3-22     proximately causing the claim, damage, or loss constitutes gross

3-23     negligence, recklessness, or intentional misconduct.

3-24           (f)  A wireless service provider is not required to take

3-25     legal action to enforce the collection of any wireless 9-1-1

3-26     service fee.  The advisory commission may establish collection

3-27     procedures and recover the cost of collection from the subscriber

 4-1     liable for the fee.  The advisory commission may institute legal

 4-2     proceedings to collect a fee and in those proceedings is entitled

 4-3     to recover from the subscriber court costs, attorney's fees, and

 4-4     interest on the amount delinquent.  The interest is computed at an

 4-5     annual rate of 12 percent beginning on the date the fee becomes

 4-6     due.

 4-7           (g)  On receipt of an invoice from a wireless service

 4-8     provider for expenses for network facilities and  administration,

 4-9     including equipment, installation, maintenance, and associated

4-10     implementation costs, the advisory commission or an emergency

4-11     services district of a home-rule municipality or an emergency

4-12     communication district created under Chapter 772 shall reimburse

4-13     the wireless service provider for all expenses related to 9-1-1

4-14     service.

4-15           (h)  Information that a wireless service provider is required

4-16     to furnish to a governmental entity in providing 9-1-1 service is

4-17     confidential and exempt from disclosure under Chapter 552,

4-18     Government Code.  The wireless service provider is not liable to

4-19     any person who uses a 9-1-1 service created under this subchapter

4-20     for the release of information furnished by the wireless service

4-21     provider in providing 9-1-1 service.  Information that is

4-22     confidential under this section may be released only for budgetary

4-23     calculation purposes, and only in aggregate form so that no

4-24     provider-specific information may be extrapolated.

4-25           (i)  This section does not:

4-26                 (1)  regulate the rates of a wireless service provider;

4-27     or

 5-1                 (2)  prohibit a wireless service provider from charging

 5-2     a subscriber for any wireless service or feature.

 5-3           SECTION 3.  This Act takes effect September 1, 1997.

 5-4           SECTION 4.  The Advisory Commission on State Emergency

 5-5     Communications shall impose the 9-1-1 emergency service fee

 5-6     required under Section 771.0711, Health and Safety Code, as added

 5-7     by this Act, in the initial amount of 25 cents a month for each

 5-8     wireless telecommunications connection not later than September 1,

 5-9     1998.  The initial amount remains in effect until modified by the

5-10     advisory commission in accordance with Section 771.0711, Health and

5-11     Safety Code.

5-12           SECTION 5.  The importance of this legislation and the

5-13     crowded condition of the calendars in both houses create an

5-14     emergency and an imperative public necessity that the

5-15     constitutional rule requiring bills to be read on three several

5-16     days in each house be suspended, and this rule is hereby suspended.