SRC-DBM C.S.S.B. 484 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 484
By: Duncan
Economic Development
3/31/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law allows all telephone lines, including those which may
only be used for data transmission, to be assessed a service charge for
9-1-1 service.  C.S.S.B. 484 will prohibit a fee from being imposed on any
line that The Advisory Commission on State Emergency Communications
excluded from the definition of a local exchange access line or an
equivalent local exchange access line. 
 
PURPOSE

As proposed, C.S.S.B. 484 defines a local exchange access line and an
equivalent local exchange access line for purposes of the imposition of
9-1-1 emergency services fees and the exclusion of certain telephone lines
used to provide Internet access. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Advisory Commission on State
Emergency Communications in SECTION 1 (Section 771.063(a), Health and
Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adds Section 771.063, Health and Safety Code, to require the
Advisory Commission on State Emergency Communications (advisory commission)
to determine, by rule, what constitutes a local exchange access line and an
equivalent local exchange access line for all 9-1-1 emergency service fees
imposed statewide.  Requires the advisory commission, by October 1, 1999,
to adopt definitions of a local exchange access line and an equivalent
local exchange access line that exclude a line from a telecommunications
service provider to an Internet service provider for the Internet service
provider's data modem lines used only to provide its Internet access
service and that are not capable of transmitting voice messages.  Requires
the advisory commission to annually review the definitions of a local
exchange access line and an equivalent local exchange access line to
address technical and structure changes in the provision of
telecommunications and data services. Authorizes the advisory commission to
include in the annual review, previously excluded Internet service provider
data modem lines if it determines that circumstances have changed
sufficiently enough that 9-1-1 emergency calls through those lines are done
on a regular basis or that the data lines are voice capable or that the
lines are functionally equivalent.  Requires an emergency communications
district described by Section 771.001(3)(A) or Section 771.001(3)(B) that
has not participated in a regional plan to use the advisory commission's
definitions of  a local exchange access line and an equivalent local
exchange access line for purposes of imposing its emergency service fees
and may not impose an emergency service fee on any line excluded from the
advisory commission's definitions.  Requires a service provider to collect
and remit the emergency service fees to the advisory commission or the
appropriate emergency communication district, as applicable, in accordance
with the advisory commission's definition of a local exchange access line
and an equivalent local exchange access line.  

SECTION 2. Amends Section 771.071(a), Health and Safety Code, to prohibit a
fee from being imposed on any line that the advisory commission excluded
from the definition of a local exchange access line or an equivalent local
exchange access line pursuant to Section 771.063.  Deletes text requiring
the advisory commission to determine what constitutes an equivalent access
line. 

 SECTION 3.  Amends Section 772.114(b), Health and Safety Code, to make a
conforming change.   

SECTION 4.  Amends Section 772.214(b), Health and Safety Code, to make a
conforming change. 
 
SECTION 5.  Amends Section 772.314(b), Health and Safety Code, to make a
conforming change. 

SECTION 6.  Amends Section 772.403(a), Health and Safety Code, to make a
conforming change. 

SECTION 7.  Provides that this Act takes effect immediately and applies to
a fee imposed on or after that date. 

SECTION 8. Emergency clause.         

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Adds Section 771.063, Health and Safety Code, to set forth requirements for
the commission and service providers regarding local exchange access lines
and emergency local exchange access lines. 

SECTION 2.

Redesignated from existing SECTION 1.  Amends Section 771.071(a), Health
and Safety Code, to prohibit a fee from being imposed on any line that the
advisory commission excluded from the definition of a local exchange access
line or an equivalent local exchange access line pursuant to Section
771.063.  Deletes text prohibiting a fee from being imposed on a line to or
from an Internet service provider that is only used to provide Internet
access to providers' customers and is not capable of transmitting voice
messages.  Deletes text requiring the advisory commission to determine what
constitutes an equivalent local exchange access line. 

SECTION 3.

Redesignated from existing SECTION 2.  Amends Section 772.114(b), Health
and Safety Code, to make a conforming change. 

SECTION 4.

Redesignated from existing SECTION 3.  Amends Section 772.214(b), Health
and Safety Code, to make a conforming change. 

SECTION 5.

Redesignated from existing SECTION 4.  Amends Section 772.314(b), Health
and Safety Code, to make a conforming change. 

SECTION 6.

Redesignated from existing SECTION 5.  Amends Section 772.403(a), Health
and Safety Code, to make a conforming change. 

SECTION 7.

Redesignated from existing SECTION 6.  Provides that this Act takes effect
immediately and applies to a fee imposed on or after that date. 

SECTION 8.

 Redesignated from existing SECTION 7.  Emergency clause.