By:  Nelson                                   S.B. No. 989


                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the provision of private switch 9-1-1 emergency

 1-2     telephone service.


 1-4           SECTION 1.  Chapter 772, Health and Safety Code, is amended

 1-5     by adding Subchapter F to read as follows:

 1-6                        SUBCHAPTER F.  9-1-1 SERVICE

 1-7           Sec. 772.501.  DEFINITIONS.  In this subchapter:

 1-8                 (1)  "Certificated telecommunications utility" means a

 1-9     telecommunications utility that has been granted either a

1-10     certificate of convenience and necessity, a certificate of

1-11     operating authority, or a service provider certificate of operating

1-12     authority.

1-13                 (2)  "Dominant carrier" has the meaning assigned by

1-14     Section 3.002(2), the Public Utility Regulatory Act of 1995

1-15     (Article 1446c-0, Vernon's Texas Civil Statutes).

1-16                 (3)  "Dominant certificated telecommunications utility"

1-17     means a certificated telecommunications utility that is also a

1-18     dominant carrier.

1-19                 (4)  "Local exchange company" has the meaning assigned

1-20     by Section 3.002(5), the Public Utility Regulatory Act of 1995

1-21     (Article 1446c-0, Vernon's Texas Civil Statutes).

1-22                 (5)  "9-1-1 service" means a telecommunications service

1-23     through which the user of a publicly or privately owned telephone

 2-1     switch has the ability to reach a public safety answering point by

 2-2     dialing the digits 9-1-1 and includes, at a minimum, (A) automatic

 2-3     number identification, or (B) a combination of automatic number

 2-4     identification and automatic location identification information.

 2-5                 (6)  "Nondominant certificated telecommunications

 2-6     utility" means a certificated telecommunications utility that is

 2-7     not a dominant certificated telecommunications utility and that has

 2-8     been granted a certificate of convenience and necessity after

 2-9     September 1, 1995, in an area already certificated to a dominant

2-10     certificated telecommunications utility, a certificate of operating

2-11     authority, or a service provider certificate of operating authority

2-12     to provide local exchange service.

2-13                 (7)  "Private switch" means a switch, such as a private

2-14     branch exchange, that provides wireline basic telephone service but

2-15     is not owned and operated by a local exchange company.

2-16                 (8)  "Private switch provider" means a private entity

2-17     that provides telephone service to a group of residential or

2-18     business service users by the provider's private switch.

2-19                 (9)  "Public agency" means the state, a municipality, a

2-20     county, an emergency communication district, a regional planning

2-21     commission, an appraisal district, or another political subdivision

2-22     or district that provides, participates in the provision of, or has

2-23     authority to provide fire-fighting, law enforcement, ambulance,

2-24     medical, 9-1-1, or other emergency services.

2-25                 (10)  "Service user" means a person that is provided

 3-1     local exchange access lines, or their equivalent, in any area

 3-2     including an emergency communication district.

 3-3           Sec. 772.502.  9-1-1 SERVICE.  (a)  In connection with the

 3-4     provision of 9-1-1 service, a dominant certificated

 3-5     telecommunications utility shall, where it has or is required to

 3-6     have an interconnection arrangement or other agreement with a

 3-7     nondominant certificated telecommunications utility or a private

 3-8     switch provider:

 3-9                 (1)  coordinate with the nondominant certificated

3-10     telecommunications utility or private switch provider to ensure

3-11     that the nondominant certificated telecommunications utility or

3-12     private switch provider:

3-13                       (A)  provides automatic number identification

3-14     and, where available, automatic location identification, and

3-15     complies, as applicable, with the regulations of the Public Utility

3-16     Commission of Texas, the Advisory Commission on State Emergency

3-17     Communications, an emergency communication district, and any other

3-18     public agency;

3-19                       (B)  creates, maintains, and forwards to the

3-20     dominant certificated telecommunications utility and the

3-21     appropriate local authority current telephone number and address

3-22     data for all customers according to the dominant certificated

3-23     telecommunications utility's 9-1-1 format;

3-24                       (C)  selectively routes a 9-1-1 customer call to

3-25     the appropriate 9-1-1 tandem or appropriate 9-1-1 public safety

 4-1     answering point;

 4-2                       (D)  uses computer hardware and software for

 4-3     ongoing user record update programs and processes; and

 4-4                       (E)  reports all errors, defects, and

 4-5     malfunctions in the provision of 9-1-1 service to the dominant

 4-6     certificated telecommunications utility and the appropriate local

 4-7     authority; and

 4-8                 (2)  be responsible for:

 4-9                       (A)  collecting from its customers and the

4-10     customers of the nondominant certificated telecommunications

4-11     utility or the private switch provider all 9-1-1 fees imposed by a

4-12     public agency; and

4-13                       (B)  remitting the 9-1-1 fees to the appropriate

4-14     public agency.

4-15           (b)  In the provision of 9-1-1 service, a public agency shall

4-16     not be required to serve as a customer of a local exchange company

4-17     or otherwise be responsible for the provision of 9-1-1 service

4-18     other than as the public safety answering point.

4-19           SECTION 2.  This Act takes effect September 1, 1997.

4-20           SECTION 3.  The importance of this legislation and the

4-21     crowded condition of the calendars in both houses create an

4-22     emergency and an imperative public necessity that the

4-23     constitutional rule requiring bills to be read on three several

4-24     days in each house be suspended, and this rule is hereby suspended.