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.