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.