By: Nelson S.B. No. 989
97S0654/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of private switch 9-1-1 emergency
1-2 telephone service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.