By Bosse, Gray, McCall, Turner of Coleman, H.B. No. 1983
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the functions of the Advisory Commission on State
1-3 Emergency Communications and emergency communication districts and
1-4 to the continuation of the Advisory Commission on State Emergency
1-5 Communications.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 771.001(1), (4), and (10), Health and
1-8 Safety Code, are amended to read as follows:
1-9 (1) "Commission [Advisory commission]" means the
1-10 [Advisory] Commission on State Emergency Communications.
1-11 (4) "Intrastate long distance service provider" means
1-12 a telecommunications carrier providing intrastate long distance
1-13 service, as defined by the [advisory] commission.
1-14 (10) "Regional planning commission" means a planning
1-15 commission established under Chapter 391, Local Government Code.
1-16 SECTION 2. The heading of Subchapter B, Chapter 771, Health
1-17 and Safety Code, is amended to read as follows:
1-18 SUBCHAPTER B. [ADVISORY] COMMISSION ON STATE
1-19 EMERGENCY COMMUNICATIONS
1-20 SECTION 3. Section 771.031, Health and Safety Code, is
1-21 amended to read as follows:
1-22 Sec. 771.031. COMPOSITION OF COMMISSION. (a) The
1-23 Commission on State Emergency Communications is composed of nine
1-24 appointed members and three ex officio members as provided by this
1-25 section.
2-1 (b) The following individuals serve as nonvoting ex officio
2-2 members:
2-3 (1) the executive director of the Public Utility
2-4 Commission of Texas, or an individual designated by the executive
2-5 director;
2-6 (2) the executive director of the General Services
2-7 Commission, or an individual designated by the executive director;
2-8 and
2-9 (3) the commissioner of public health, or an
2-10 individual who has responsibility for the poison control network
2-11 designated by the commissioner.
2-12 (c) The [Advisory Commission on State Emergency
2-13 Communications is composed of:]
2-14 [(1) eight members appointed by the governor;]
2-15 [(2) two members appointed by the] lieutenant governor
2-16 and[;]
2-17 [(3) two members appointed by] the speaker of the
2-18 house of representatives each shall appoint two members as
2-19 representatives of the general public.
2-20 (d) The governor shall appoint:
2-21 (1) one member who serves on the governing body of a
2-22 regional planning commission;
2-23 (2) one member who serves as a director of or is on
2-24 the governing body of an emergency communication district;
2-25 (3) one member who serves on the governing body of a
2-26 county;
2-27 (4) one member who serves on the governing body of a
3-1 home-rule municipality that operates a 9-1-1 system that is
3-2 independent of the state's system; and
3-3 (5) one member as a representative of the general
3-4 public.
3-5 (e)[;]
3-6 [(4) the commissioner of public health or the
3-7 commissioner's designee;]
3-8 [(5) the public safety director of the Department of
3-9 Public Safety or the public safety director's designee;]
3-10 [(6) the executive director of the Criminal Justice
3-11 Policy Council or the executive director's designee; and]
3-12 [(7) the executive director of the major association
3-13 representing regional planning commissions or the executive
3-14 director's designee.]
3-15 [(b) The governor shall appoint one representative from each
3-16 of the three local exchange carriers that serve the most local
3-17 access lines in the state, one person who is a member of the
3-18 governing body of a municipality, one person who is a member of a
3-19 county commissioners court, and one person who is a director of an
3-20 emergency communication district described by Section
3-21 771.001(3)(B).]
3-22 [(c) The major association representing municipal
3-23 governments shall present to the governor a list of at least three
3-24 eligible candidates for the position on the advisory commission to
3-25 be filled by a member of a municipal governing body. The major
3-26 association representing county governments shall present to the
3-27 governor a list of at least three eligible candidates for the
4-1 position on the advisory commission to be filled by a member of a
4-2 county commissioners court. The governor shall consider those
4-3 recommendations but is not required to select a person recommended.]
4-4 [(d)] Appointed members of the [advisory] commission serve
4-5 staggered terms of six years, with the terms of one-third of the
4-6 [four] members expiring September 1 of each odd-numbered year.
4-7 (f) [(e)] A vacancy in an appointed position on the
4-8 [advisory] commission shall be filled in the same manner as the
4-9 position of the member whose departure created the vacancy.
4-10 (g) The governor shall designate an appointed member of the
4-11 commission as the presiding officer of the commission to serve in
4-12 that capacity at the pleasure of the governor.
4-13 SECTION 4. Subchapter B, Chapter 771, Health and Safety
4-14 Code, is amended by adding Sections 771.0315 and 771.0316 to read
4-15 as follows:
4-16 Sec. 771.0315. ELIGIBILITY FOR MEMBERSHIP OR TO BE GENERAL
4-17 COUNSEL. (a) A person is not eligible for appointment under
4-18 Section 771.031 to represent the general public if the person or
4-19 the person's spouse:
4-20 (1) is registered, certified, or licensed by a
4-21 regulatory agency in the field of telecommunications;
4-22 (2) is employed by or participates in the management
4-23 of a business entity or other organization receiving money from the
4-24 commission;
4-25 (3) owns or controls, directly or indirectly, more
4-26 than a 10 percent interest in a business entity or other
4-27 organization receiving money from the commission; or
5-1 (4) uses or receives a substantial amount of tangible
5-2 goods, services, or money from the commission other than
5-3 compensation or reimbursement authorized by law for commission
5-4 membership, attendance, or expenses.
5-5 (b) In this subsection, "Texas trade association" means a
5-6 cooperative and voluntarily joined association of business or
5-7 professional competitors in this state designed to assist its
5-8 members and its industry or profession in dealing with mutual
5-9 business or professional problems and in promoting their common
5-10 interest. A person may not be a member of the commission and may
5-11 not be a commission employee employed in a "bona fide executive,
5-12 administrative, or professional capacity," as that phrase is used
5-13 for purposes of establishing an exemption to the overtime
5-14 provisions of the federal Fair Labor Standards Act of 1938 (29
5-15 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
5-16 (1) the person is an officer, employee, or paid
5-17 consultant of a Texas trade association in the field of
5-18 telecommunications or emergency communications;
5-19 (2) the person's spouse is an officer, manager, or
5-20 paid consultant of a Texas trade association in the field of
5-21 telecommunications or emergency communications;
5-22 (3) the person is an officer, employee, or paid
5-23 consultant of a Texas association of regional councils; or
5-24 (4) the person's spouse is an officer, manager, or
5-25 paid consultant of a Texas association of regional councils.
5-26 (c) A person may not be a member of the commission or act as
5-27 the general counsel to the commission if the person is required to
6-1 register as a lobbyist under Chapter 305, Government Code, because
6-2 of the person's activities for compensation on behalf of a
6-3 profession related to the operation of the commission.
6-4 (d) Appointments to the commission shall be made without
6-5 regard to the race, color, disability, sex, religion, age, or
6-6 national origin of the appointees.
6-7 Sec. 771.0316. GROUNDS FOR REMOVAL OF COMMISSION MEMBER.
6-8 (a) It is a ground for removal from the commission that a member:
6-9 (1) does not have at the time of taking office the
6-10 qualifications required by Section 771.031;
6-11 (2) does not maintain during service the
6-12 qualifications required by Section 771.031;
6-13 (3) is ineligible for membership under Section 771.031
6-14 or 771.0315;
6-15 (4) cannot, because of illness or disability,
6-16 discharge the member's duties for a substantial part of the
6-17 member's term; or
6-18 (5) is absent from more than half of the regularly
6-19 scheduled commission meetings that the member is eligible to attend
6-20 during a calendar year without an excuse approved by a majority
6-21 vote of the commission.
6-22 (b) The validity of an action of the commission is not
6-23 affected by the fact that it is taken when a ground for removal of
6-24 a commission member exists.
6-25 (c) If the executive director has knowledge that a potential
6-26 ground for removal exists, the executive director shall notify the
6-27 presiding officer of the commission of the potential ground. The
7-1 presiding officer shall notify the governor and the attorney
7-2 general that a potential ground for removal exists. If the
7-3 potential ground for removal involves the presiding officer, the
7-4 executive director shall notify the next highest ranking officer of
7-5 the commission, who shall then notify the governor and the attorney
7-6 general that a potential ground for removal exists.
7-7 SECTION 5. Section 771.032, Health and Safety Code, is
7-8 amended to read as follows:
7-9 Sec. 771.032. APPLICATION OF SUNSET ACT. The [Advisory]
7-10 Commission on State Emergency Communications is subject to Chapter
7-11 325, Government Code (Texas Sunset Act). Unless continued in
7-12 existence as provided by that chapter, the [advisory] commission is
7-13 abolished and this chapter expires September 1, 2011 [1999].
7-14 SECTION 6. Section 771.033, Health and Safety Code, is
7-15 amended to read as follows:
7-16 Sec. 771.033. [CHAIRMAN;] MEETINGS. [(a) The advisory
7-17 commission shall appoint a chairman from among its members at the
7-18 first meeting of the commission after the biennial appointment of
7-19 commission members.]
7-20 [(b)] The [advisory] commission shall meet in Austin and at
7-21 other places fixed by the commission at the call of the presiding
7-22 officer [chairman].
7-23 SECTION 7. Section 771.034, Health and Safety Code, is
7-24 amended to read as follows:
7-25 Sec. 771.034. EXPENSES. The expenses of a member of the
7-26 [advisory] commission shall be paid as provided by the General
7-27 Appropriations Act.
8-1 SECTION 8. Section 771.035, Health and Safety Code, is
8-2 amended to read as follows:
8-3 Sec. 771.035. STAFF; PERSONNEL POLICIES. (a) The
8-4 [advisory] commission may employ persons as necessary to carry out
8-5 its functions.
8-6 (b) The executive director or the executive director's
8-7 designee shall prepare and maintain a written policy statement that
8-8 implements a program of equal employment opportunity to ensure that
8-9 all personnel decisions are made without regard to race, color,
8-10 disability, sex, religion, age, or national origin.
8-11 (c) The policy statement must include:
8-12 (1) personnel policies, including policies related to
8-13 recruitment, evaluation, selection, training, and promotion of
8-14 personnel, that show the intent of the commission to avoid the
8-15 unlawful employment practices described by Chapter 21, Labor Code;
8-16 and
8-17 (2) an analysis of the extent to which the composition
8-18 of the commission's personnel is in accordance with state and
8-19 federal law and a description of reasonable methods to achieve
8-20 compliance with state and federal law.
8-21 (d) The policy statement must be:
8-22 (1) updated annually;
8-23 (2) reviewed by the state Commission on Human Rights
8-24 for compliance with Subsection (c)(1); and
8-25 (3) filed with the governor's office.
8-26 SECTION 9. Subchapter B, Chapter 771, Health and Safety
8-27 Code, is amended by adding Section 771.036 to read as follows:
9-1 Sec. 771.036. STANDARDS OF CONDUCT. The executive director
9-2 or the executive director's designee shall provide to members of
9-3 the commission and to employees of the commission, as often as
9-4 necessary, information regarding the requirements for office or
9-5 employment under this chapter, including information regarding a
9-6 person's responsibilities under applicable laws relating to
9-7 standards of conduct for state officers or employees.
9-8 SECTION 10. Subchapter B, Chapter 771, Health and Safety
9-9 Code, is amended by adding Section 771.037 to read as follows:
9-10 Sec. 771.037. COMMISSION MEMBER TRAINING. (a) A person who
9-11 is appointed to and qualifies for office as a member of the
9-12 commission may not vote, deliberate, or be counted as a member in
9-13 attendance at a meeting of the commission until the person
9-14 completes a training program that complies with this section.
9-15 (b) The training program must provide the person with
9-16 information regarding:
9-17 (1) the legislation that created the commission;
9-18 (2) the programs operated by the commission;
9-19 (3) the role and functions of the commission;
9-20 (4) the rules of the commission, with an emphasis on
9-21 the rules that relate to disciplinary and investigatory authority;
9-22 (5) the current budget of the commission;
9-23 (6) the results of the most recent formal audit of the
9-24 commission;
9-25 (7) the requirements of:
9-26 (A) the open meetings law, Chapter 551,
9-27 Government Code;
10-1 (B) the public information law, Chapter 552,
10-2 Government Code;
10-3 (C) the administrative procedure law, Chapter
10-4 2001, Government Code; and
10-5 (D) other laws relating to public officials,
10-6 including conflict of interest laws; and
10-7 (8) any applicable ethics policies adopted by the
10-8 commission or the Texas Ethics Commission.
10-9 (c) A person appointed to the commission is entitled to
10-10 reimbursement, as provided by the General Appropriations Act, for
10-11 the travel expenses incurred in attending the training program,
10-12 regardless of whether the attendance of the program occurs before
10-13 or after the person qualifies for office.
10-14 SECTION 11. Subchapter B, Chapter 771, Health and Safety
10-15 Code, is amended by adding Section 771.038 to read as follows:
10-16 Sec. 771.038. PUBLIC COMMENTS. The commission shall develop
10-17 and implement policies that provide the public with a reasonable
10-18 opportunity to appear before the commission and to speak on any
10-19 issue under the jurisdiction of the commission.
10-20 SECTION 12. Subchapter B, Chapter 771, Health and Safety
10-21 Code, is amended by adding Section 771.039 to read as follows:
10-22 Sec. 771.039. COMPLAINTS. (a) The commission shall
10-23 maintain a file on each written complaint filed with the
10-24 commission. The file must include:
10-25 (1) the name of the person who filed the complaint;
10-26 (2) the date the complaint is received by the
10-27 commission;
11-1 (3) the subject matter of the complaint;
11-2 (4) the name of each person contacted in relation to
11-3 the complaint;
11-4 (5) a summary of the results of the review or
11-5 investigation of the complaint; and
11-6 (6) an explanation of the reason the file was closed,
11-7 if the commission closed the file without taking action other than
11-8 to investigate the complaint.
11-9 (b) The commission shall provide to the person filing the
11-10 complaint and to each person who is a subject of the complaint a
11-11 copy of the commission's policies and procedures relating to
11-12 complaint investigation and resolution.
11-13 (c) The commission, at least quarterly and until final
11-14 disposition of the complaint, shall notify the person filing the
11-15 complaint and each person who is a subject of the complaint of the
11-16 status of the investigation unless the notice would jeopardize an
11-17 undercover investigation.
11-18 SECTION 13. Section 771.051, Health and Safety Code, is
11-19 amended to read as follows:
11-20 Sec. 771.051. POWERS AND DUTIES OF [ADVISORY] COMMISSION.
11-21 (a) The [advisory] commission is the state's authority on
11-22 emergency communications. The commission shall:
11-23 (1) administer the implementation of statewide 9-1-1
11-24 service and the telecommunications requirements for poison control
11-25 centers under Chapter 777;
11-26 (2) develop minimum performance standards for
11-27 equipment and operation of 9-1-1 service to be followed in
12-1 developing regional plans under Section 771.055, including
12-2 requirements that the plans provide for:
12-3 (A) automatic number identification by which the
12-4 telephone number of the caller is automatically identified at the
12-5 public safety answering point receiving the call; and
12-6 (B) other features the commission considers
12-7 appropriate;
12-8 (3) examine and approve or disapprove regional plans
12-9 as provided by Section 771.056;
12-10 (4) recommend minimum training standards, assist in
12-11 training, and provide assistance in the establishment and operation
12-12 of 9-1-1 service;
12-13 (5) allocate money to prepare and operate regional
12-14 plans as provided by Section 771.056;
12-15 (6) develop and provide public education materials and
12-16 training;
12-17 (7) plan, implement, operate, and maintain poison
12-18 control center databases and assist in planning, supporting, and
12-19 facilitating 9-1-1 databases, as needed;
12-20 (8) provide grants or contracts for services that
12-21 enhance the effectiveness of 9-1-1 service; [and]
12-22 (9) coordinate emergency communications services and
12-23 providers;
12-24 (10) make reasonable efforts to gain voluntary
12-25 cooperation in the commission's activities of emergency
12-26 communications authorities and providers outside the commission's
12-27 jurisdiction, including:
13-1 (A) making joint communications to state and
13-2 federal regulators; and
13-3 (B) arranging cooperative purchases of equipment
13-4 or services; and
13-5 (11) accept, receive, and deposit in its account in
13-6 the general revenue fund gifts, grants, and royalties from public
13-7 and private entities. Gifts, grants, and royalties may be used for
13-8 the purposes of the commission.
13-9 (b) The [advisory] commission shall comply with state laws
13-10 requiring state agencies, boards, or commissions generally to
13-11 submit appropriations requests to the Legislative Budget Board and
13-12 the governor and to develop a strategic plan for operations.
13-13 (c) The [advisory] commission may obtain a commercial
13-14 license or sublicense to sell 9-1-1 or poison control public
13-15 education and training materials in this state or in other states.
13-16 The [advisory] commission may use all profits from sales for
13-17 purposes of the commission.
13-18 (d) The commission shall develop and implement policies that
13-19 clearly separate the policy making responsibilities of the
13-20 commission and the management responsibilities of the executive
13-21 director and the staff of the commission.
13-22 SECTION 14. Section 771.052, Health and Safety Code, is
13-23 amended to read as follows:
13-24 Sec. 771.052. AGENCY COOPERATION. Each public agency and
13-25 regional planning commission shall cooperate with the [advisory]
13-26 commission to the fullest extent possible.
13-27 SECTION 15. Section 771.053(b), Health and Safety Code, is
14-1 amended to read as follows:
14-2 (b) A member of the [advisory] commission or of the
14-3 governing body of a public agency is not liable for any claim,
14-4 damage, or loss arising from the provision of 9-1-1 service unless
14-5 the act or omission causing the claim, damage, or loss violates a
14-6 statute or ordinance applicable to the action.
14-7 SECTION 16. Section 771.055, Health and Safety Code, is
14-8 amended to read as follows:
14-9 Sec. 771.055. STRATEGIC PLANNING [DEVELOPMENT OF REGIONAL
14-10 PLANS]. (a) Each regional planning commission shall develop a
14-11 regional plan for the establishment and operation of 9-1-1 service
14-12 throughout the region that the regional planning commission serves.
14-13 The 9-1-1 service must meet the standards established by the
14-14 [advisory] commission.
14-15 (b) A regional [The] plan must describe [include a
14-16 description of] how the 9-1-1 service is to be administered. The
14-17 9-1-1 service may be administered by an emergency communication
14-18 district, municipality, or county, by a combination formed by
14-19 interlocal contract, or by other appropriate means as determined by
14-20 the regional planning commission. In a region in which one or more
14-21 emergency communication districts exist, a preference shall be
14-22 given to administration by those districts and expansion of the
14-23 area served by those districts.
14-24 (c) A regional plan must be updated at least once every
14-25 state fiscal biennium and must include:
14-26 (1) a description of how money allocated to the region
14-27 under this chapter is to be allocated in the region;
15-1 (2) projected financial operating information for the
15-2 two state fiscal years following the submission of the plan; and
15-3 (3) strategic planning information for the five state
15-4 fiscal years following submission of the plan.
15-5 (d) In a region in which one or more emergency communication
15-6 districts exist, if a district chooses to participate in the
15-7 regional plan, the district shall assist in the development of the
15-8 regional plan.
15-9 (e) For each state fiscal biennium, the commission shall
15-10 prepare a strategic plan for statewide 9-1-1 service for the
15-11 following five state fiscal years using information from the
15-12 strategic information contained in the regional plans and provided
15-13 by emergency communication districts and home-rule municipalities
15-14 that operate 9-1-1 systems independent of the state system. The
15-15 commission shall present the strategic plan to the governor and the
15-16 Legislative Budget Board, together with the commission's
15-17 legislative appropriations request. The strategic plan must:
15-18 (1) include a survey of the current performance,
15-19 efficiency, and degree of implementation of emergency
15-20 communications services throughout the whole state;
15-21 (2) provide an assessment of the progress made toward
15-22 meeting the goals and objectives of the previous strategic plan and
15-23 a summary of the total expenditures for emergency communications
15-24 services in this state;
15-25 (3) provide a strategic direction for emergency
15-26 communications services in this state;
15-27 (4) establish goals and objectives relating to
16-1 emergency communications in this state;
16-2 (5) provide long-range policy guidelines for emergency
16-3 communications in this state;
16-4 (6) identify major issues relating to improving
16-5 emergency communications in this state;
16-6 (7) identify priorities for this state's emergency
16-7 communications system; and
16-8 (8) detail the financial performance of each regional
16-9 planning commission in implementing emergency communications
16-10 service including an accounting of administrative expenses.
16-11 SECTION 17. Section 771.056, Health and Safety Code, is
16-12 amended to read as follows:
16-13 Sec. 771.056. SUBMISSION OF REGIONAL PLAN TO COMMISSION.
16-14 (a) The regional planning commission shall submit a regional plan,
16-15 or an amendment to the plan, to the [advisory] commission for
16-16 approval or disapproval.
16-17 (b) In making its determination, the [advisory] commission
16-18 shall consider whether the plan or amendment satisfies the
16-19 standards established by the [advisory] commission under this
16-20 chapter, the cost and effectiveness of the plan or amendment, and
16-21 the appropriateness of the plan or amendment in the establishment
16-22 of statewide 9-1-1 service.
16-23 (c) The commission shall notify a regional planning
16-24 commission of the approval or disapproval of the plan or amendment
16-25 not later than the 90th day after the date the commission receives
16-26 an administratively complete plan or amendment. If the [advisory]
16-27 commission disapproves the plan, it shall specify the reasons for
17-1 disapproval and set a deadline for submission of a modified plan.
17-2 (d) If the [advisory] commission approves the plan, it shall
17-3 allocate to the region from the money collected under Sections
17-4 771.071, 771.0711, and [Section] 771.072 and appropriated to the
17-5 commission the amount that the [advisory] commission considers
17-6 appropriate to operate 9-1-1 service in the region according to the
17-7 plan and contracts executed under Section 771.078.
17-8 SECTION 18. Section 771.057, Health and Safety Code, is
17-9 amended to read as follows:
17-10 Sec. 771.057. AMENDMENT OF PLAN. A regional plan may be
17-11 amended according to the procedure determined by the [advisory]
17-12 commission.
17-13 SECTION 19. Section 771.058, Health and Safety Code, is
17-14 amended by amending Subsections (b) and (c) and adding Subsection
17-15 (d) to read as follows:
17-16 (b) On approval by the [advisory] commission, an emergency
17-17 communication district may choose to participate in the regional
17-18 plan applicable to the regional planning commission region in which
17-19 the district is located. An emergency communication district
17-20 described by Section 771.001(3)(A) [771.001(2)(A)] may choose to
17-21 participate in the regional plan by resolution of its governing
17-22 body or by adoption of an ordinance. An emergency communication
17-23 district described by Section 771.001(3)(B) [771.001(2)(B)] may
17-24 choose to participate in the regional plan by order of the
17-25 district's board after a public hearing held in the manner required
17-26 for a public hearing on the continuation of the district under the
17-27 law governing the district. Following the adoption of the
18-1 resolution, ordinance, or order and approval by the [advisory]
18-2 commission, the regional planning commission shall amend the
18-3 regional plan to take into account the participation of the
18-4 emergency communication district.
18-5 (c) Participation in the regional plan by an emergency
18-6 communication district does not affect the organization or
18-7 operation of the district, except that the district may not collect
18-8 an emergency communication fee or other special fee for 9-1-1
18-9 service not permitted by this chapter. Participation by the
18-10 district in the plan does not affect the district's authority to
18-11 set its own fees in the territory under its jurisdiction on January
18-12 1, 1988. Participation in the regional plan by a public agency or
18-13 group of public agencies operating as an emergency communication
18-14 district as provided by Subsection (d) does not affect the
18-15 authority of the public agency or group of public agencies to set
18-16 its own fees in territory:
18-17 (1) under its jurisdiction at the time of recognition;
18-18 or
18-19 (2) added to the district after the recognition.
18-20 (d) In a county with a population of 120,000 or less, a
18-21 public agency or group of public agencies acting jointly that
18-22 contracted with a service provider before September 1, 1987, to
18-23 provide 9-1-1 service by resolution of its governing body may
18-24 withdraw from a regional plan in which it chooses to participate.
18-25 A public agency or group of public agencies that withdraws from a
18-26 regional plan under this subsection shall be recognized and operate
18-27 as an emergency communication district in the agency's or group's
19-1 geographic jurisdiction. As an emergency communication district,
19-2 the public agency or group of agencies:
19-3 (1) is governed by Subchapter D, Chapter 772; and
19-4 (2) may collect all fees authorized by that subchapter
19-5 or other applicable law.
19-6 SECTION 20. Section 771.061(b), Health and Safety Code, is
19-7 amended to read as follows:
19-8 (b) Information that a service provider of
19-9 telecommunications service furnishes to the [advisory] commission[,
19-10 a regional planning commission,] or an emergency communication
19-11 district to verify or audit emergency service fees or surcharge
19-12 remittances and that includes access line or market share
19-13 information of an individual service provider is confidential and
19-14 not available for public inspection.
19-15 SECTION 21. Section 771.062, Health and Safety Code, is
19-16 amended to read as follows:
19-17 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
19-18 emergency communication district may adopt any provision of this
19-19 chapter or any [advisory] commission rule. The [advisory]
19-20 commission may enforce a provision or rule adopted by an emergency
19-21 communication district under this section.
19-22 (b) The [advisory] commission shall maintain and update at
19-23 least annually a list of provisions or rules that have been adopted
19-24 by emergency communication districts under this section.
19-25 (c) An emergency communication district or home-rule
19-26 municipality that operates a 9-1-1 system independent of the state
19-27 system may voluntarily submit strategic planning information to the
20-1 commission for use in preparing the strategic plan for statewide
20-2 9-1-1 service. This information, if reported, should:
20-3 (1) include a survey of the current performance,
20-4 efficiency, and degree of implementation of emergency
20-5 communications services;
20-6 (2) detail the progress made toward meeting the goals
20-7 and objectives of the previous strategic plan;
20-8 (3) describe the strategic direction, goals, and
20-9 objectives for emergency communications services;
20-10 (4) identify major issues, long-range policy
20-11 guidelines, and priorities relating to improving emergency
20-12 communications services; and
20-13 (5) detail the financial performance of each district
20-14 in implementing emergency communications services.
20-15 (d) The commission shall establish reasonable guidelines for
20-16 use by districts and home-rule municipalities in preparing
20-17 information for the strategic plan for statewide 9-1-1 services.
20-18 These guidelines shall include the time frames of information and
20-19 instructions for submission.
20-20 SECTION 22. Sections 771.071(a), (c), (e), and (f), Health
20-21 and Safety Code, are amended to read as follows:
20-22 (a) Except as otherwise provided by this subchapter, the
20-23 [advisory] commission may impose a 9-1-1 emergency service fee on
20-24 each local exchange access line or equivalent local exchange access
20-25 line, including lines of customers in an area served by an
20-26 emergency communication district participating in the applicable
20-27 regional plan. If a business service user provides residential
21-1 facilities, each line that terminates at a residential unit, and
21-2 that is a communication link equivalent to a residential local
21-3 exchange access line, shall be charged the 9-1-1 emergency service
21-4 fee. The fee may not be imposed on a line to coin-operated public
21-5 telephone equipment or to public telephone equipment operated by
21-6 coin or by card reader. For purposes of this section, the
21-7 [advisory] commission shall determine what constitutes an
21-8 equivalent local exchange access line.
21-9 (c) The [advisory] commission may set the fee in a different
21-10 amount in each regional planning commission region based on the
21-11 cost of providing 9-1-1 service to each region.
21-12 (e) A local exchange service provider shall collect the fees
21-13 imposed on its customers under this section. Not later than the
21-14 30th [60th] day after the last day of the month in which the fees
21-15 are collected, the local exchange service provider shall deliver
21-16 the fees to the [regional planning commission or other public
21-17 agency designated by the regional planning commission and located
21-18 in the area served by the regional planning] commission. The
21-19 commission shall deposit money from the fees to the credit of the
21-20 9-1-1 services fee fund.
21-21 (f) The [regional planning] commission [or designated public
21-22 agency] shall distribute money appropriated to the commission from
21-23 the 9-1-1 services fee fund to regional planning commissions for
21-24 use in providing 9-1-1 services as provided by contracts executed
21-25 under Section 771.078. The regional planning commissions shall
21-26 distribute the money to [the fees to the] public agencies [in the
21-27 county] for use in providing those services [9-1-1 service].
22-1 SECTION 23. Sections 771.0711(a), (b), (c), (e), (f), and
22-2 (g), Health and Safety Code, are amended to read as follows:
22-3 (a) To provide for automatic number identification and
22-4 automatic location identification of wireless 9-1-1 calls, the
22-5 [advisory] commission shall impose on each wireless
22-6 telecommunications connection a 9-1-1 emergency service fee. A
22-7 political subdivision may not impose another fee on a wireless
22-8 service provider or subscriber for 9-1-1 emergency service.
22-9 (b) A wireless service provider shall collect the fee in an
22-10 amount equal to 50 cents a month for each wireless
22-11 telecommunications connection from its subscribers and shall pay
22-12 the money collected to the [advisory] commission not later than the
22-13 30th day after the last day of the month during which the fees were
22-14 collected. The wireless service provider may retain an
22-15 administrative fee of one percent of the amount collected. Until
22-16 deposited to the credit of the 9-1-1 services fee fund as required
22-17 by Subsection (c), money [Money] the [advisory] commission collects
22-18 under this subsection [is from local fees and the money] remains
22-19 outside the state treasury.
22-20 (c) Money collected under Subsection (b) may be used only
22-21 for services related to 9-1-1 services, including automatic number
22-22 identification and automatic location information services. Within
22-23 15 days of the date of collection of the money, the [advisory]
22-24 commission shall distribute to each [regional planning commission
22-25 and] emergency communication district that does not participate in
22-26 the state system a portion of the money that bears the same
22-27 proportion to the total amount collected that the population of the
23-1 area served by the [commission or] district bears to the [total
23-2 combined] population of the state. The commission shall deposit
23-3 the remaining money collected under Subsection (b) to the 9-1-1
23-4 services fee fund [areas served by a commission or district].
23-5 (e) A member of the [advisory] commission, the governing
23-6 body of a public agency, or the General Services Commission is not
23-7 liable for any claim, damage, or loss arising from the provision of
23-8 wireless 9-1-1 service unless the act or omission causing the
23-9 claim, damage, or loss violates a statute or ordinance applicable
23-10 to the action.
23-11 (f) A wireless service provider is not required to take
23-12 legal action to enforce the collection of any wireless 9-1-1
23-13 service fee. The [advisory] commission may establish collection
23-14 procedures and recover the cost of collection from the subscriber
23-15 liable for the fee. The [advisory] commission may institute legal
23-16 proceedings to collect a fee and in those proceedings is entitled
23-17 to recover from the subscriber court costs, attorney's fees, and
23-18 interest on the amount delinquent. The interest is computed at an
23-19 annual rate of 12 percent beginning on the date the fee becomes
23-20 due.
23-21 (g) On receipt of an invoice from a wireless service
23-22 provider for reasonable expenses for network facilities, including
23-23 equipment, installation, maintenance, and associated implementation
23-24 costs, the [advisory] commission or an emergency services district
23-25 of a home-rule municipality or an emergency communication district
23-26 created under Chapter 772 shall reimburse the wireless service
23-27 provider in accordance with state law for all expenses related to
24-1 9-1-1 service.
24-2 SECTION 24. Sections 771.072(a), (c), and (f), Health and
24-3 Safety Code, are amended to read as follows:
24-4 (a) In addition to the fee imposed under Section 771.071,
24-5 the [advisory] commission shall impose a 9-1-1 equalization
24-6 surcharge on each customer receiving intrastate long-distance
24-7 service, including customers in an area served by an emergency
24-8 communication district, even if the district is not participating
24-9 in the regional plan.
24-10 (c) Except as provided by Section 771.073(f), an intrastate
24-11 long-distance service provider shall collect the surcharge imposed
24-12 on its customers under this section and shall deliver the
24-13 surcharges to the [advisory] commission not later than the 30th
24-14 [60th] day after the last day of the month in which the surcharges
24-15 are collected.
24-16 (f) The [advisory] commission shall deposit the surcharges
24-17 and any prior balances in an account in the general revenue fund in
24-18 the state treasury until they are allocated to regional planning
24-19 commissions and poison control centers in accordance with this
24-20 section. From that account, the amount necessary for the
24-21 commission to fund approved plans of regional planning commissions
24-22 and regional poison control centers and to carry out its duties
24-23 under this chapter shall be appropriated to the commission.
24-24 Section 403.095, Government Code, does [Sections 403.094 and
24-25 403.095, Government Code, do] not apply to the account established
24-26 by this subsection.
24-27 SECTION 25. Sections 771.0725(b), (c), and (d), Health and
25-1 Safety Code, are amended to read as follows:
25-2 (b) Each year the [advisory] commission shall provide
25-3 documentation to the Public Utility Commission of Texas regarding
25-4 the rate at which each fee should be imposed and the allocation of
25-5 revenue under Sections 771.072(d) and (e). The [advisory]
25-6 commission may provide such documentation more often under this
25-7 subsection if the [advisory] commission determines that action is
25-8 necessary.
25-9 (c) The Public Utility Commission of Texas shall review the
25-10 documentation provided by the [advisory] commission as well as
25-11 allocations derived therefrom and also identified by the [advisory]
25-12 commission. If the Public Utility Commission of Texas determines
25-13 that a recommended rate or allocation is not appropriate, the
25-14 Public Utility Commission of Texas shall provide comments to the
25-15 [advisory] commission, the governor, and the Legislative Budget
25-16 Board regarding appropriate rates and the basis for that
25-17 determination.
25-18 (d) The Public Utility Commission of Texas may review and
25-19 make comments regarding a rate or allocation under this section in
25-20 an informal proceeding. A proceeding in which a rate or allocation
25-21 is reviewed is not a contested case for purposes of Chapter 2001,
25-22 Government Code. A review of a rate or allocation is not a rate
25-23 change for purposes of Chapter 36 or 53, Utilities Code [Subtitle
25-24 E, Title II, or Subtitle E, Title III, Public Utility Regulatory
25-25 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes)].
25-26 SECTION 26. Sections 771.073(b), (c), (e), (f), and (g),
25-27 Health and Safety Code, are amended to read as follows:
26-1 (b) A business service user that provides residential
26-2 facilities and owns or leases a private telephone switch used to
26-3 provide telephone service to facility residents shall collect the
26-4 9-1-1 emergency service fee and transmit the fees monthly to the
26-5 [regional planning commission or other entity designated by the]
26-6 commission [to collect the fee]. A business service user that does
26-7 not collect and remit the 9-1-1 emergency service fee as required
26-8 is subject to a civil cause of action. A court may award to the
26-9 commission court costs, attorney's fees, and interest on the amount
26-10 delinquent at an annual rate of 12 percent, to be paid by the
26-11 nonpaying business service user. A sworn affidavit by the
26-12 commission [entity that administers the 9-1-1 service] specifying
26-13 the unremitted fees is prima facie evidence that the fees were not
26-14 remitted and of the amount of the unremitted fees.
26-15 (c) The [advisory] commission[, the regional planning
26-16 commission, or a public agency designated by the regional planning
26-17 commission] may establish collection procedures and recover the
26-18 cost of collection from the customer liable for the fee or
26-19 surcharge. The [advisory] commission[, the regional planning
26-20 commission, or the designated public agency] may institute legal
26-21 proceedings to collect a fee or surcharge and in those proceedings
26-22 is entitled to recover from the customer court costs, attorney's
26-23 fees, and an interest on the amount delinquent. The interest is
26-24 computed at an annual rate of 12 percent beginning on the date the
26-25 fee or surcharge becomes due.
26-26 (e) A service provider collecting fees or surcharges under
26-27 this subchapter may retain as an administrative fee an amount equal
27-1 to one [two] percent of the total amount collected.
27-2 (f) The [advisory] commission may establish payment
27-3 schedules and minimum payment thresholds for fees and surcharges
27-4 imposed under this subchapter.
27-5 (g) A 9-1-1 service provider is responsible for correctly
27-6 billing and remitting applicable 9-1-1 fees, charges, and
27-7 equalization surcharges. Any 9-1-1 fees, charges, or equalization
27-8 surcharges erroneously billed to a subscriber by a 9-1-1 service
27-9 provider and erroneously remitted to the [advisory] commission[, a
27-10 regional planning commission,] or an emergency communication
27-11 district may not be recovered from the [advisory] commission[,
27-12 regional planning commission,] or emergency communication
27-13 district[,] unless the fees or charges were adjusted due to a
27-14 refund to the subscriber by the local exchange carrier or
27-15 interexchange carrier.
27-16 SECTION 27. Section 771.075, Health and Safety Code, is
27-17 amended to read as follows:
27-18 Sec. 771.075. USE OF REVENUE. Except as provided by Section
27-19 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
27-20 collected under this subchapter may be used only for planning,
27-21 development, provision, and enhancement of [enhancing] the
27-22 effectiveness of 9-1-1 service as approved by the [advisory]
27-23 commission.
27-24 SECTION 28. Sections 771.076(a), (b), and (d), Health and
27-25 Safety Code, are amended to read as follows:
27-26 (a) The [advisory] commission or an employee of the
27-27 commission may notify the comptroller of any irregularity that may
28-1 indicate that an audit of a service provider collecting a fee or
28-2 surcharge under this subchapter is warranted. The commission may
28-3 require at its own expense that an audit be conducted [of a service
28-4 provider collecting fees or surcharges under this subchapter or] of
28-5 a public agency receiving money under this chapter.
28-6 (b) If the comptroller conducts an audit of a service
28-7 provider that collects and disburses fees or surcharges under this
28-8 subchapter, the comptroller shall [may] also audit those
28-9 collections and disbursements to determine if the provider is
28-10 complying with this chapter.
28-11 (d) [The audit of a service provider under Subsection (a)
28-12 must be limited to the collection and remittance of money collected
28-13 under this subchapter.] The audit of a public agency under
28-14 Subsection (a) or (c) must be limited to the collection,
28-15 remittance, and expenditure of money collected under this
28-16 subchapter.
28-17 SECTION 29. Section 771.077, Health and Safety Code, is
28-18 amended to read as follows:
28-19 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES [BY ADVISORY
28-20 COMMISSION]. (a) The comptroller by rule shall [advisory
28-21 commission may] establish collection procedures to collect past due
28-22 amounts and recover the costs of collection from a service provider
28-23 or business service user that fails to timely deliver[:]
28-24 [(1)] the fees and [to the regional planning
28-25 commission or other public agency designated by the regional
28-26 planning commission; or]
28-27 [(2)] the equalization surcharge to the [advisory]
29-1 commission.
29-2 (b) The comptroller by rule [advisory commission] shall
29-3 establish procedures to be used by the [a regional planning]
29-4 commission [or designated public agency] to notify the comptroller
29-5 [advisory commission] of a service provider's or business service
29-6 user's failure to timely deliver the fees or surcharges.
29-7 (c) In addition to amounts collected under Subsection (a),
29-8 after notice and an opportunity for a hearing, the comptroller
29-9 [advisory commission] may assess a late penalty against a service
29-10 provider who fails to timely deliver the fees or surcharges. The
29-11 late penalty is in an amount not to exceed $100 a day for each day
29-12 that the fees or surcharges are late.
29-13 (d) The comptroller [advisory commission] shall deposit
29-14 amounts received as costs of collection in the general revenue
29-15 fund.
29-16 (e) The comptroller shall:
29-17 (1) remit to the commission money collected under this
29-18 section for fees provided by Section 771.0711 and associated late
29-19 penalties;
29-20 (2) deposit to the 9-1-1 services fee fund any money
29-21 collected under this section for fees provided by Section 771.071
29-22 and associated late penalties; and
29-23 (3) deposit to the account as authorized by Section
29-24 771.072 any money collected under this section for fees provided by
29-25 Section 771.072 and associated late penalties.
29-26 (f) The commission shall:
29-27 (1) deposit or distribute the money remitted under
30-1 Subsection (e)(1) as Section 771.0711 provides for fees received
30-2 under that section; and
30-3 (2) distribute the money remitted under Subsection
30-4 (e)(2) and appropriated to the commission under contracts as
30-5 provided by Section 771.078(b)(1). [Fees and any associated late
30-6 penalties collected under this section shall be delivered to the
30-7 appropriate regional planning commission or other designated public
30-8 agency as provided by Section 771.071(e), and surcharges and any
30-9 associated late penalties shall be deposited as provided by Section
30-10 771.072(f).]
30-11 SECTION 30. Subchapter D, Chapter 771, Health and Safety
30-12 Code, is amended by adding Section 771.078 to read as follows:
30-13 Sec. 771.078. CONTRACTS FOR SERVICES. (a) The commission
30-14 shall contract with regional planning commissions for the provision
30-15 of 9-1-1 service. The commission by rule shall adopt standard
30-16 provisions for the contracts.
30-17 (b) In making contracts under this section, the commission
30-18 shall ensure that each regional planning commission receives money
30-19 for 9-1-1 service in two separately computed amounts as provided by
30-20 this subsection. The commission must provide each regional
30-21 planning commission with:
30-22 (1) an amount of money equal to the total of the
30-23 revenue from the emergency service fees collected under Section
30-24 771.071 that is deposited in the treasury and appropriated to the
30-25 commission multiplied by a fraction, the numerator of which is the
30-26 amount of those fees collected from the region and the denominator
30-27 of which is the total amount of those fees collected in this state;
31-1 and
31-2 (2) an amount of money equal to the total of the
31-3 revenue from the emergency service fee for wireless
31-4 telecommunications connections under Section 771.0711 that is
31-5 deposited in the treasury and appropriated to the commission
31-6 multiplied by a fraction, the numerator of which is the population
31-7 of the region and the denominator of which is the population of
31-8 this state.
31-9 (c) Contracts under this section must provide for:
31-10 (1) the reporting of financial information regarding
31-11 administrative expenses by regional planning commissions in
31-12 accordance with generally accepted accounting principles;
31-13 (2) the reporting of information regarding the current
31-14 performance, efficiency, and degree of implementation of emergency
31-15 communications services in each regional planning commission's
31-16 service area;
31-17 (3) the collection of efficiency data on the operation
31-18 of 9-1-1 answering points;
31-19 (4) standards for the use of answering points and the
31-20 creation of new answering points;
31-21 (5) quarterly disbursements of money due under the
31-22 contract, except as provided by Subdivision (6);
31-23 (6) the commission to withhold disbursement to a
31-24 regional planning commission that does not follow a standard
31-25 imposed by the contract, a commission rule, or a statute; and
31-26 (7) a means for the commission to give an advance on a
31-27 quarterly distribution under the contract to a regional planning
32-1 commission that has a financial emergency.
32-2 (d) Not more than 10 percent of the money received by a
32-3 regional planning commission under Subsection (b) may be used for
32-4 the regional planning commission's indirect costs. In this
32-5 subsection, "indirect costs" means costs that are not directly
32-6 attributable to a single action of a commission. The governor
32-7 shall use the federal Office of Management and Budget circulars
32-8 A-87 and A-122 or use any rules relating to the determination of
32-9 indirect costs adopted under Chapter 783, Government Code, in
32-10 administering this section.
32-11 (e) The commission may allocate surcharges under Section
32-12 771.072(d) by means of a contract under this section.
32-13 (f) Promptly after the commission receives a request from a
32-14 regional planning commission, the commission shall provide the
32-15 regional planning commission with adequate documentation and
32-16 financial records of the amount of money collected in that region
32-17 or of an amount of money allocated to the regional planning
32-18 commission in accordance with this section.
32-19 SECTION 31. Subchapter D, Chapter 771, Health and Safety
32-20 Code, is amended by adding Section 771.079 to read as follows:
32-21 Sec. 771.079. 9-1-1 SERVICES FEE FUND. (a) The 9-1-1
32-22 services fee fund is an account in the general revenue fund.
32-23 (b) The account consists of:
32-24 (1) fees deposited in the fund as provided by Sections
32-25 771.071 and 771.0711; and
32-26 (2) notwithstanding Section 404.071, Government Code,
32-27 all interest attributable to money held in the account.
33-1 (c) Money in the account may be appropriated only to the
33-2 commission for planning, development, provision, or enhancement of
33-3 the effectiveness of 9-1-1 service or for contracts with regional
33-4 planning commissions for 9-1-1 service.
33-5 (d) Section 403.095, Government Code, does not apply to the
33-6 account.
33-7 SECTION 32. Section 772.304(a), Health and Safety Code, is
33-8 amended to read as follows:
33-9 (a) This subchapter applies only to a county with a
33-10 population of more than 20,000 or to a group of two or more
33-11 contiguous counties each with a population of 20,000 or more in
33-12 which an emergency communication district was created under Chapter
33-13 288, Acts of the 69th Legislature, Regular Session, 1985, before
33-14 January 1, 1988, or to a public agency or group of public agencies
33-15 that withdraws from participation in a regional plan under Section
33-16 771.058(d).
33-17 SECTION 33. (a) The terms of the appointed members of the
33-18 Advisory Commission on State Emergency Communications expire on the
33-19 effective date of this Act. The members shall serve until a
33-20 majority of the successor commission is appointed as provided by
33-21 Section 771.031, Health and Safety Code, as amended by this Act,
33-22 and has qualified.
33-23 (b) The governor, the lieutenant governor, and the speaker
33-24 of the house of representatives shall appoint members of the
33-25 Commission on State Emergency Communications as soon after the
33-26 effective date of this Act as is practicable.
33-27 (c) The changes in law made by this Act regarding the
34-1 appointment or qualifications of an appointed member of the
34-2 Commission on State Emergency Communications apply only to a member
34-3 appointed on or after the effective date of this Act. The
34-4 appointment and qualifications of an appointed member of the
34-5 Advisory Commission on State Emergency Communications are governed
34-6 by the law as it existed immediately before the effective date of
34-7 this Act, and the former law is continued in effect for that
34-8 purpose.
34-9 SECTION 34. The change in the name of the Advisory
34-10 Commission on State Emergency Communications as provided by this
34-11 Act does not affect the validity of any action taken by the
34-12 commission before, on, or after the effective date of this Act. A
34-13 reference in law to the Advisory Commission on State Emergency
34-14 Communications means the Commission on State Emergency
34-15 Communications.
34-16 SECTION 35. Not later than one year from the effective date
34-17 of this Act, the Commission on State Emergency Communications shall
34-18 implement Phase I of the wireless E-911 enhancements set forth in
34-19 FCC Docket 94-102 for at least 75 percent of the population
34-20 provided with 9-1-1 service by the Commission on State Emergency
34-21 Communications.
34-22 SECTION 36. (a) The changes in law made by this Act
34-23 regarding the date of payment of a fee or surcharge under Chapter
34-24 771, Health and Safety Code, as amended by this Act, apply only to
34-25 a fee or surcharge collected on or after the effective date of this
34-26 Act. A fee or surcharge that is collected before the effective
34-27 date of this Act is due on the date the payment would have been due
35-1 under the law as it existed immediately before the effective date
35-2 of this Act, and the former law is continued in effect for that
35-3 purpose.
35-4 (b) The changes in law made by this Act regarding the
35-5 collection of fees, surcharges, or associated penalties apply only
35-6 to an action taken on or after the effective date of this Act. The
35-7 collection of a fee, surcharge, or associated penalty for which an
35-8 action was initiated before the effective date of this Act is
35-9 governed by the law as it existed immediately before the effective
35-10 date of this Act, and the former law is continued in effect for
35-11 that purpose.
35-12 (c) The changes in law made by this Act regarding the
35-13 disposition of a fee, surcharge, or associated penalty collected
35-14 under Chapter 771, Health and Safety Code, as amended by this Act,
35-15 and the amount a service provider may retain as an administrative
35-16 fee apply only to a fee, surcharge, or penalty collected on or
35-17 after the effective date of this Act. The disposition of a fee,
35-18 surcharge, or associated penalty that was collected before the
35-19 effective date of this Act and the amount a service provider may
35-20 retain as an administrative fee are governed by the law as it
35-21 existed immediately before the effective date of this Act, and the
35-22 former law is continued in effect for that purpose.
35-23 SECTION 37. This Act takes effect September 1, 1999.
35-24 SECTION 38. The importance of this legislation and the
35-25 crowded condition of the calendars in both houses create an
35-26 emergency and an imperative public necessity that the
35-27 constitutional rule requiring bills to be read on three several
36-1 days in each house be suspended, and this rule is hereby suspended.