1-1     By:  Carter (Senate Sponsor - Lucio)                  H.B. No. 2129

 1-2           (In the Senate - Received from the House May 9, 1997;

 1-3     May 12, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 17, 1997, reported favorably by the following

 1-5     vote:  Yeas 10, Nays 1; May 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the administration and financing of wireless service

 1-9     providers of 9-1-1 service.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 771.001, Health and Safety Code, is

1-12     amended by adding Subdivisions (12) and (13) to read as follows:

1-13                 (12)  "Wireless service provider" means a provider of

1-14     commercial mobile service under Section 332(d), Federal

1-15     Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.),

1-16     Federal Communications Commission rules, and the Omnibus Budget

1-17     Reconciliation Act of 1993 (Pub. L. No. 103-66), and includes a

1-18     provider of wireless two-way communication service, radio-telephone

1-19     communications related to cellular telephone service, network radio

1-20     access lines or the equivalent, and personal communication service.

1-21     The term does not include a provider of:

1-22                       (A)  a service whose users do not have access to

1-23     9-1-1 service;

1-24                       (B)  a communication channel used only for data

1-25     transmission;

1-26                       (C)  a wireless roaming service or other nonlocal

1-27     radio access line service; or

1-28                       (D)  a private telecommunications service.

1-29                 (13)  "Wireless telecommunications connection" means

1-30     any wireless communication mobile station assigned a number

1-31     containing an area code assigned to Texas by the North American

1-32     Numbering Plan Administrator that connects a wireless service

1-33     provider to the local exchange service provider.

1-34           SECTION 2.  Subchapter D, Chapter 771, Health and Safety

1-35     Code, is amended by adding Section 771.0711 to read as follows:

1-36           Sec. 771.0711.  EMERGENCY SERVICE FEE FOR WIRELESS

1-37     TELECOMMUNICATIONS CONNECTIONS.  (a)  To provide for automatic

1-38     number identification and automatic location identification of

1-39     wireless 9-1-1 calls, the advisory commission shall impose on each

1-40     wireless telecommunications connection a 9-1-1 emergency service

1-41     fee.  A political subdivision may not impose another fee on a

1-42     wireless service provider or subscriber for 9-1-1 emergency

1-43     service.

1-44           (b)  A wireless service provider shall collect the fee in an

1-45     amount equal to 50 cents a month for each wireless

1-46     telecommunications connection from its subscribers and shall pay

1-47     the money collected to the advisory commission not later than the

1-48     30th day after the last day of the month during which the fees were

1-49     collected.  The wireless service provider may retain an

1-50     administrative fee of one percent of the amount collected.  Money

1-51     the advisory commission collects under this subsection is from

1-52     local fees and the money remains outside the state treasury.

1-53           (c)  Money collected under Subsection (b) may be used only

1-54     for services related to 9-1-1 services, including automatic number

1-55     identification and automatic location information services.  Within

1-56     15 days of the date of collection of the money, the advisory

1-57     commission shall distribute to each regional planning commission

1-58     and emergency communication district a portion of the money that

1-59     bears the same proportion to the total amount collected that the

1-60     population of the area served by the commission or district bears

1-61     to the total combined population of the areas served by a

1-62     commission or district.

1-63           (d)  A service provider of telecommunications service

1-64     involved in providing wireless 9-1-1 service is not liable for any

 2-1     claim, damage, or loss arising from the provision of wireless 9-1-1

 2-2     service unless the act or omission proximately causing the claim,

 2-3     damage, or loss constitutes gross negligence, recklessness, or

 2-4     intentional misconduct.

 2-5           (e)  A member of the advisory commission, the governing body

 2-6     of a public agency, or the General Services Commission is not

 2-7     liable for any claim, damage, or loss arising from the provision of

 2-8     wireless 9-1-1 service unless the act or omission causing the

 2-9     claim, damage, or loss violates a statute or ordinance applicable

2-10     to the action.

2-11           (f)  A wireless service provider is not required to take

2-12     legal action to enforce the collection of any wireless 9-1-1

2-13     service fee.  The advisory commission may establish collection

2-14     procedures and recover the cost of collection from the subscriber

2-15     liable for the fee.  The advisory commission may institute legal

2-16     proceedings to collect a fee and in those proceedings is entitled

2-17     to recover from the subscriber court costs, attorney's fees, and

2-18     interest on the amount delinquent.  The interest is computed at an

2-19     annual rate of 12 percent beginning on the date the fee becomes

2-20     due.

2-21           (g)  On receipt of an invoice from a wireless service

2-22     provider for reasonable expenses for network facilities, including

2-23     equipment, installation, maintenance, and associated implementation

2-24     costs, the advisory commission or an emergency services district of

2-25     a home-rule municipality or an emergency communication district

2-26     created under Chapter 772 shall reimburse the wireless service

2-27     provider in accordance with state law for all expenses related to

2-28     9-1-1 service.

2-29           (h)  Information that a wireless service provider is required

2-30     to furnish to a governmental entity in providing 9-1-1 service is

2-31     confidential and exempt from disclosure under Chapter 552,

2-32     Government Code.  The wireless service provider is not liable to

2-33     any person who uses a 9-1-1 service created under this subchapter

2-34     for the release of information furnished by the wireless service

2-35     provider in providing 9-1-1 service.  Information that is

2-36     confidential under this section may be released only for budgetary

2-37     calculation purposes and only in aggregate form so that no

2-38     provider-specific information may be extrapolated.

2-39           (i)  Nothing in this section may be construed to apply to

2-40     wireline 9-1-1 service.

2-41           (j)  Nothing in this section precludes funds collected under

2-42     Section 771.072 (Equalization Surcharge) from being used to cover

2-43     costs under Subsection (g), as necessary and appropriate, including

2-44     for rural areas that may need additional funds for wireless 9-1-1.

2-45           SECTION 3.  This Act takes effect September 1, 1997.

2-46           SECTION 4.  This Act is governed by the provisions of Section

2-47     771.032, Health and Safety Code (Application of Sunset Act).

2-48           SECTION 5.  The importance of this legislation and the

2-49     crowded condition of the calendars in both houses create an

2-50     emergency and an imperative public necessity that the

2-51     constitutional rule requiring bills to be read on three several

2-52     days in each house be suspended, and this rule is hereby suspended.

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