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. 2-53 * * * * *