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.