1-1 By: Bosse, et al. (Senate Sponsor - Madla) H.B. No. 1983
1-2 (In the Senate - Received from the House April 21, 1999;
1-3 April 22, 1999, read first time and referred to Committee on
1-4 Economic Development; May 14, 1999, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 4, Nays
1-6 0; May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1983 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the functions of the Advisory Commission on State
1-11 Emergency Communications and emergency communication districts and
1-12 to the continuation of the Advisory Commission on State Emergency
1-13 Communications.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Sections 771.001(1), (4), and (10), Health and
1-16 Safety Code, are amended to read as follows:
1-17 (1) "Commission [Advisory commission]" means the
1-18 [Advisory] Commission on State Emergency Communications.
1-19 (4) "Intrastate long distance service provider" means
1-20 a telecommunications carrier providing intrastate long distance
1-21 service, as defined by the [advisory] commission.
1-22 (10) "Regional planning commission" means a planning
1-23 commission established under Chapter 391, Local Government Code.
1-24 SECTION 2. The heading of Subchapter B, Chapter 771, Health
1-25 and Safety Code, is amended to read as follows:
1-26 SUBCHAPTER B. [ADVISORY] COMMISSION ON STATE
1-27 EMERGENCY COMMUNICATIONS
1-28 SECTION 3. Section 771.031, Health and Safety Code, is
1-29 amended to read as follows:
1-30 Sec. 771.031. COMPOSITION OF COMMISSION. (a) The
1-31 Commission on State Emergency Communications is composed of nine
1-32 appointed members and three ex officio members as provided by this
1-33 section.
1-34 (b) The following individuals serve as nonvoting ex officio
1-35 members:
1-36 (1) the executive director of the Public Utility
1-37 Commission of Texas, or an individual designated by the executive
1-38 director;
1-39 (2) the executive director of the General Services
1-40 Commission, or an individual designated by the executive director;
1-41 and
1-42 (3) the commissioner of public health, or an
1-43 individual who has responsibility for the poison control network
1-44 designated by the commissioner.
1-45 (c) The [Advisory Commission on State Emergency
1-46 Communications is composed of:]
1-47 [(1) eight members appointed by the governor;]
1-48 [(2) two members appointed by the] lieutenant governor
1-49 and[;]
1-50 [(3) two members appointed by] the speaker of the
1-51 house of representatives each shall appoint two members as
1-52 representatives of the general public.
1-53 (d) The governor shall appoint:
1-54 (1) one member who serves on the governing body of a
1-55 regional planning commission;
1-56 (2) one member who serves as a director of or is on
1-57 the governing body of an emergency communication district;
1-58 (3) one member who serves on the governing body of a
1-59 county;
1-60 (4) one member who serves on the governing body of a
1-61 home-rule municipality that operates a 9-1-1 system that is
1-62 independent of the state's system; and
1-63 (5) one member as a representative of the general
1-64 public.
2-1 (e)[;]
2-2 [(4) the commissioner of public health or the
2-3 commissioner's designee;]
2-4 [(5) the public safety director of the Department of
2-5 Public Safety or the public safety director's designee;]
2-6 [(6) the executive director of the Criminal Justice
2-7 Policy Council or the executive director's designee; and]
2-8 [(7) the executive director of the major association
2-9 representing regional planning commissions or the executive
2-10 director's designee.]
2-11 [(b) The governor shall appoint one representative from each
2-12 of the three local exchange carriers that serve the most local
2-13 access lines in the state, one person who is a member of the
2-14 governing body of a municipality, one person who is a member of a
2-15 county commissioners court, and one person who is a director of an
2-16 emergency communication district described by Section
2-17 771.001(3)(B).]
2-18 [(c) The major association representing municipal
2-19 governments shall present to the governor a list of at least three
2-20 eligible candidates for the position on the advisory commission to
2-21 be filled by a member of a municipal governing body. The major
2-22 association representing county governments shall present to the
2-23 governor a list of at least three eligible candidates for the
2-24 position on the advisory commission to be filled by a member of a
2-25 county commissioners court. The governor shall consider those
2-26 recommendations but is not required to select a person recommended.]
2-27 [(d)] Appointed members of the [advisory] commission serve
2-28 staggered terms of six years, with the terms of one-third of the
2-29 [four] members expiring September 1 of each odd-numbered year.
2-30 (f) [(e)] A vacancy in an appointed position on the
2-31 [advisory] commission shall be filled in the same manner as the
2-32 position of the member whose departure created the vacancy.
2-33 (g) The governor shall designate an appointed member of the
2-34 commission as the presiding officer of the commission to serve in
2-35 that capacity at the pleasure of the governor.
2-36 SECTION 4. Subchapter B, Chapter 771, Health and Safety
2-37 Code, is amended by adding Sections 771.0315 and 771.0316 to read
2-38 as follows:
2-39 Sec. 771.0315. ELIGIBILITY FOR MEMBERSHIP OR TO BE GENERAL
2-40 COUNSEL. (a) A person is not eligible for appointment under
2-41 Section 771.031 to represent the general public if the person or
2-42 the person's spouse:
2-43 (1) is registered, certified, or licensed by a
2-44 regulatory agency in the field of telecommunications;
2-45 (2) is employed by or participates in the management
2-46 of a business entity or other organization receiving money from the
2-47 commission;
2-48 (3) owns or controls, directly or indirectly, more
2-49 than a 10 percent interest in a business entity or other
2-50 organization receiving money from the commission; or
2-51 (4) uses or receives a substantial amount of tangible
2-52 goods, services, or money from the commission other than
2-53 compensation or reimbursement authorized by law for commission
2-54 membership, attendance, or expenses.
2-55 (b) In this subsection, "Texas trade association" means a
2-56 cooperative and voluntarily joined association of business or
2-57 professional competitors in this state designed to assist its
2-58 members and its industry or profession in dealing with mutual
2-59 business or professional problems and in promoting their common
2-60 interest. A person may not be a member of the commission and may
2-61 not be a commission employee employed in a "bona fide executive,
2-62 administrative, or professional capacity," as that phrase is used
2-63 for purposes of establishing an exemption to the overtime
2-64 provisions of the federal Fair Labor Standards Act of 1938 (29
2-65 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-66 (1) the person is an officer, employee, or paid
2-67 consultant of a Texas trade association in the field of
2-68 telecommunications or emergency communications;
2-69 (2) the person's spouse is an officer, manager, or
3-1 paid consultant of a Texas trade association in the field of
3-2 telecommunications or emergency communications;
3-3 (3) the person is an officer, employee, or paid
3-4 consultant of a Texas association of regional councils; or
3-5 (4) the person's spouse is an officer, manager, or
3-6 paid consultant of a Texas association of regional councils.
3-7 (c) A person may not be a member of the commission or act as
3-8 the general counsel to the commission if the person is required to
3-9 register as a lobbyist under Chapter 305, Government Code, because
3-10 of the person's activities for compensation on behalf of a
3-11 profession related to the operation of the commission.
3-12 (d) Appointments to the commission shall be made without
3-13 regard to the race, color, disability, sex, religion, age, or
3-14 national origin of the appointees.
3-15 Sec. 771.0316. GROUNDS FOR REMOVAL OF COMMISSION MEMBER.
3-16 (a) It is a ground for removal from the commission that a member:
3-17 (1) does not have at the time of taking office the
3-18 qualifications required by Section 771.031;
3-19 (2) does not maintain during service the
3-20 qualifications required by Section 771.031;
3-21 (3) is ineligible for membership under Section 771.031
3-22 or 771.0315;
3-23 (4) cannot, because of illness or disability,
3-24 discharge the member's duties for a substantial part of the
3-25 member's term; or
3-26 (5) is absent from more than half of the regularly
3-27 scheduled commission meetings that the member is eligible to attend
3-28 during a calendar year without an excuse approved by a majority
3-29 vote of the commission.
3-30 (b) The validity of an action of the commission is not
3-31 affected by the fact that it is taken when a ground for removal of
3-32 a commission member exists.
3-33 (c) If the executive director has knowledge that a potential
3-34 ground for removal exists, the executive director shall notify the
3-35 presiding officer of the commission of the potential ground. The
3-36 presiding officer shall notify the governor and the attorney
3-37 general that a potential ground for removal exists. If the
3-38 potential ground for removal involves the presiding officer, the
3-39 executive director shall notify the next highest ranking officer of
3-40 the commission, who shall then notify the governor and the attorney
3-41 general that a potential ground for removal exists.
3-42 SECTION 5. Section 771.032, Health and Safety Code, is
3-43 amended to read as follows:
3-44 Sec. 771.032. APPLICATION OF SUNSET ACT. The [Advisory]
3-45 Commission on State Emergency Communications is subject to Chapter
3-46 325, Government Code (Texas Sunset Act). Unless continued in
3-47 existence as provided by that chapter, the [advisory] commission is
3-48 abolished and this chapter expires September 1, 2011 [1999].
3-49 SECTION 6. Section 771.033, Health and Safety Code, is
3-50 amended to read as follows:
3-51 Sec. 771.033. [CHAIRMAN;] MEETINGS. [(a) The advisory
3-52 commission shall appoint a chairman from among its members at the
3-53 first meeting of the commission after the biennial appointment of
3-54 commission members.]
3-55 [(b)] The [advisory] commission shall meet in Austin and at
3-56 other places fixed by the commission at the call of the presiding
3-57 officer [chairman].
3-58 SECTION 7. Section 771.034, Health and Safety Code, is
3-59 amended to read as follows:
3-60 Sec. 771.034. EXPENSES. The expenses of a member of the
3-61 [advisory] commission shall be paid as provided by the General
3-62 Appropriations Act.
3-63 SECTION 8. Section 771.035, Health and Safety Code, is
3-64 amended to read as follows:
3-65 Sec. 771.035. STAFF; PERSONNEL POLICIES. (a) The
3-66 [advisory] commission may employ persons as necessary to carry out
3-67 its functions.
3-68 (b) The executive director or the executive director's
3-69 designee shall prepare and maintain a written policy statement that
4-1 implements a program of equal employment opportunity to ensure that
4-2 all personnel decisions are made without regard to race, color,
4-3 disability, sex, religion, age, or national origin.
4-4 (c) The policy statement must include:
4-5 (1) personnel policies, including policies related to
4-6 recruitment, evaluation, selection, training, and promotion of
4-7 personnel, that show the intent of the commission to avoid the
4-8 unlawful employment practices described by Chapter 21, Labor Code;
4-9 and
4-10 (2) an analysis of the extent to which the composition
4-11 of the commission's personnel is in accordance with state and
4-12 federal law and a description of reasonable methods to achieve
4-13 compliance with state and federal law.
4-14 (d) The policy statement must be:
4-15 (1) updated annually;
4-16 (2) reviewed by the state Commission on Human Rights
4-17 for compliance with Subsection (c)(1); and
4-18 (3) filed with the governor's office.
4-19 SECTION 9. Subchapter B, Chapter 771, Health and Safety
4-20 Code, is amended by adding Section 771.036 to read as follows:
4-21 Sec. 771.036. STANDARDS OF CONDUCT. The executive director
4-22 or the executive director's designee shall provide to members of
4-23 the commission and to employees of the commission, as often as
4-24 necessary, information regarding the requirements for office or
4-25 employment under this chapter, including information regarding a
4-26 person's responsibilities under applicable laws relating to
4-27 standards of conduct for state officers or employees.
4-28 SECTION 10. Subchapter B, Chapter 771, Health and Safety
4-29 Code, is amended by adding Section 771.037 to read as follows:
4-30 Sec. 771.037. COMMISSION MEMBER TRAINING. (a) A person who
4-31 is appointed to and qualifies for office as a member of the
4-32 commission may not vote, deliberate, or be counted as a member in
4-33 attendance at a meeting of the commission until the person
4-34 completes a training program that complies with this section.
4-35 (b) The training program must provide the person with
4-36 information regarding:
4-37 (1) the legislation that created the commission;
4-38 (2) the programs operated by the commission;
4-39 (3) the role and functions of the commission;
4-40 (4) the rules of the commission, with an emphasis on
4-41 the rules that relate to disciplinary and investigatory authority;
4-42 (5) the current budget of the commission;
4-43 (6) the results of the most recent formal audit of the
4-44 commission;
4-45 (7) the requirements of:
4-46 (A) the open meetings law, Chapter 551,
4-47 Government Code;
4-48 (B) the public information law, Chapter 552,
4-49 Government Code;
4-50 (C) the administrative procedure law, Chapter
4-51 2001, Government Code; and
4-52 (D) other laws relating to public officials,
4-53 including conflict of interest laws; and
4-54 (8) any applicable ethics policies adopted by the
4-55 commission or the Texas Ethics Commission.
4-56 (c) A person appointed to the commission is entitled to
4-57 reimbursement, as provided by the General Appropriations Act, for
4-58 the travel expenses incurred in attending the training program,
4-59 regardless of whether the attendance of the program occurs before
4-60 or after the person qualifies for office.
4-61 SECTION 11. Subchapter B, Chapter 771, Health and Safety
4-62 Code, is amended by adding Section 771.038 to read as follows:
4-63 Sec. 771.038. PUBLIC COMMENTS. The commission shall develop
4-64 and implement policies that provide the public with a reasonable
4-65 opportunity to appear before the commission and to speak on any
4-66 issue under the jurisdiction of the commission.
4-67 SECTION 12. Subchapter B, Chapter 771, Health and Safety
4-68 Code, is amended by adding Section 771.039 to read as follows:
4-69 Sec. 771.039. COMPLAINTS. (a) The commission shall
5-1 maintain a file on each written complaint filed with the
5-2 commission. The file must include:
5-3 (1) the name of the person who filed the complaint;
5-4 (2) the date the complaint is received by the
5-5 commission;
5-6 (3) the subject matter of the complaint;
5-7 (4) the name of each person contacted in relation to
5-8 the complaint;
5-9 (5) a summary of the results of the review or
5-10 investigation of the complaint; and
5-11 (6) an explanation of the reason the file was closed,
5-12 if the commission closed the file without taking action other than
5-13 to investigate the complaint.
5-14 (b) The commission shall provide to the person filing the
5-15 complaint and to each person who is a subject of the complaint a
5-16 copy of the commission's policies and procedures relating to
5-17 complaint investigation and resolution.
5-18 (c) The commission, at least quarterly and until final
5-19 disposition of the complaint, shall notify the person filing the
5-20 complaint and each person who is a subject of the complaint of the
5-21 status of the investigation unless the notice would jeopardize an
5-22 undercover investigation.
5-23 SECTION 13. Section 771.051, Health and Safety Code, is
5-24 amended to read as follows:
5-25 Sec. 771.051. POWERS AND DUTIES OF [ADVISORY] COMMISSION.
5-26 (a) The [advisory] commission is the state's authority on
5-27 emergency communications. The commission shall:
5-28 (1) administer the implementation of statewide 9-1-1
5-29 service and the telecommunications requirements for poison control
5-30 centers under Chapter 777;
5-31 (2) develop minimum performance standards for
5-32 equipment and operation of 9-1-1 service to be followed in
5-33 developing regional plans under Section 771.055, including
5-34 requirements that the plans provide for:
5-35 (A) automatic number identification by which the
5-36 telephone number of the caller is automatically identified at the
5-37 public safety answering point receiving the call; and
5-38 (B) other features the commission considers
5-39 appropriate;
5-40 (3) examine and approve or disapprove regional plans
5-41 as provided by Section 771.056;
5-42 (4) recommend minimum training standards, assist in
5-43 training, and provide assistance in the establishment and operation
5-44 of 9-1-1 service;
5-45 (5) allocate money to prepare and operate regional
5-46 plans as provided by Section 771.056;
5-47 (6) develop and provide public education materials and
5-48 training;
5-49 (7) plan, implement, operate, and maintain poison
5-50 control center databases and assist in planning, supporting, and
5-51 facilitating 9-1-1 databases, as needed;
5-52 (8) provide grants or contracts for services that
5-53 enhance the effectiveness of 9-1-1 service; [and]
5-54 (9) coordinate emergency communications services and
5-55 providers;
5-56 (10) make reasonable efforts to gain voluntary
5-57 cooperation in the commission's activities of emergency
5-58 communications authorities and providers outside the commission's
5-59 jurisdiction, including:
5-60 (A) making joint communications to state and
5-61 federal regulators; and
5-62 (B) arranging cooperative purchases of equipment
5-63 or services; and
5-64 (11) accept, receive, and deposit in its account in
5-65 the general revenue fund gifts, grants, and royalties from public
5-66 and private entities. Gifts, grants, and royalties may be used for
5-67 the purposes of the commission.
5-68 (b) The [advisory] commission shall comply with state laws
5-69 requiring state agencies, boards, or commissions generally to
6-1 submit appropriations requests to the Legislative Budget Board and
6-2 the governor and to develop a strategic plan for operations.
6-3 (c) The [advisory] commission may obtain a commercial
6-4 license or sublicense to sell 9-1-1 or poison control public
6-5 education and training materials in this state or in other states.
6-6 The [advisory] commission may use all profits from sales for
6-7 purposes of the commission.
6-8 (d) The commission shall develop and implement policies that
6-9 clearly separate the policy making responsibilities of the
6-10 commission and the management responsibilities of the executive
6-11 director and the staff of the commission.
6-12 SECTION 14. Section 771.052, Health and Safety Code, is
6-13 amended to read as follows:
6-14 Sec. 771.052. AGENCY COOPERATION. Each public agency and
6-15 regional planning commission shall cooperate with the [advisory]
6-16 commission to the fullest extent possible.
6-17 SECTION 15. Section 771.053(b), Health and Safety Code, is
6-18 amended to read as follows:
6-19 (b) A member of the [advisory] commission or of the
6-20 governing body of a public agency is not liable for any claim,
6-21 damage, or loss arising from the provision of 9-1-1 service unless
6-22 the act or omission causing the claim, damage, or loss violates a
6-23 statute or ordinance applicable to the action.
6-24 SECTION 16. Section 771.055, Health and Safety Code, is
6-25 amended to read as follows:
6-26 Sec. 771.055. STRATEGIC PLANNING [DEVELOPMENT OF REGIONAL
6-27 PLANS]. (a) Each regional planning commission shall develop a
6-28 regional plan for the establishment and operation of 9-1-1 service
6-29 throughout the region that the regional planning commission serves.
6-30 The 9-1-1 service must meet the standards established by the
6-31 [advisory] commission.
6-32 (b) A regional [The] plan must describe [include a
6-33 description of] how the 9-1-1 service is to be administered. The
6-34 9-1-1 service may be administered by an emergency communication
6-35 district, municipality, or county, by a combination formed by
6-36 interlocal contract, or by other appropriate means as determined by
6-37 the regional planning commission. In a region in which one or more
6-38 emergency communication districts exist, a preference shall be
6-39 given to administration by those districts and expansion of the
6-40 area served by those districts.
6-41 (c) A regional plan must be updated at least once every
6-42 state fiscal biennium and must include:
6-43 (1) a description of how money allocated to the region
6-44 under this chapter is to be allocated in the region;
6-45 (2) projected financial operating information for the
6-46 two state fiscal years following the submission of the plan; and
6-47 (3) strategic planning information for the five state
6-48 fiscal years following submission of the plan.
6-49 (d) In a region in which one or more emergency communication
6-50 districts exist, if a district chooses to participate in the
6-51 regional plan, the district shall assist in the development of the
6-52 regional plan.
6-53 (e) For each state fiscal biennium, the commission shall
6-54 prepare a strategic plan for statewide 9-1-1 service for the
6-55 following five state fiscal years using information from the
6-56 strategic information contained in the regional plans and provided
6-57 by emergency communication districts and home-rule municipalities
6-58 that operate 9-1-1 systems independent of the state system. The
6-59 commission shall present the strategic plan to the governor and the
6-60 Legislative Budget Board, together with the commission's
6-61 legislative appropriations request. The strategic plan must:
6-62 (1) include a survey of the current performance,
6-63 efficiency, and degree of implementation of emergency
6-64 communications services throughout the whole state;
6-65 (2) provide an assessment of the progress made toward
6-66 meeting the goals and objectives of the previous strategic plan and
6-67 a summary of the total expenditures for emergency communications
6-68 services in this state;
6-69 (3) provide a strategic direction for emergency
7-1 communications services in this state;
7-2 (4) establish goals and objectives relating to
7-3 emergency communications in this state;
7-4 (5) provide long-range policy guidelines for emergency
7-5 communications in this state;
7-6 (6) identify major issues relating to improving
7-7 emergency communications in this state;
7-8 (7) identify priorities for this state's emergency
7-9 communications system; and
7-10 (8) detail the financial performance of each regional
7-11 planning commission in implementing emergency communications
7-12 service including an accounting of administrative expenses.
7-13 SECTION 17. Section 771.056, Health and Safety Code, is
7-14 amended to read as follows:
7-15 Sec. 771.056. SUBMISSION OF REGIONAL PLAN TO COMMISSION.
7-16 (a) The regional planning commission shall submit a regional plan,
7-17 or an amendment to the plan, to the [advisory] commission for
7-18 approval or disapproval.
7-19 (b) In making its determination, the [advisory] commission
7-20 shall consider whether the plan or amendment satisfies the
7-21 standards established by the [advisory] commission under this
7-22 chapter, the cost and effectiveness of the plan or amendment, and
7-23 the appropriateness of the plan or amendment in the establishment
7-24 of statewide 9-1-1 service.
7-25 (c) The commission shall notify a regional planning
7-26 commission of the approval or disapproval of the plan or amendment
7-27 not later than the 90th day after the date the commission receives
7-28 an administratively complete plan or amendment. If the [advisory]
7-29 commission disapproves the plan, it shall specify the reasons for
7-30 disapproval and set a deadline for submission of a modified plan.
7-31 (d) If the [advisory] commission approves the plan, it shall
7-32 allocate to the region from the money collected under Sections
7-33 771.071, 771.0711, and [Section] 771.072 and appropriated to the
7-34 commission the amount that the [advisory] commission considers
7-35 appropriate to operate 9-1-1 service in the region according to the
7-36 plan and contracts executed under Section 771.078.
7-37 SECTION 18. Section 771.057, Health and Safety Code, is
7-38 amended to read as follows:
7-39 Sec. 771.057. AMENDMENT OF PLAN. A regional plan may be
7-40 amended according to the procedure determined by the [advisory]
7-41 commission.
7-42 SECTION 19. Section 771.058, Health and Safety Code, is
7-43 amended by amending Subsections (b) and (c) and adding Subsection
7-44 (d) to read as follows:
7-45 (b) On approval by the [advisory] commission, an emergency
7-46 communication district may choose to participate in the regional
7-47 plan applicable to the regional planning commission region in which
7-48 the district is located. An emergency communication district
7-49 described by Section 771.001(3)(A) [771.001(2)(A)] may choose to
7-50 participate in the regional plan by resolution of its governing
7-51 body or by adoption of an ordinance. An emergency communication
7-52 district described by Section 771.001(3)(B) [771.001(2)(B)] may
7-53 choose to participate in the regional plan by order of the
7-54 district's board after a public hearing held in the manner required
7-55 for a public hearing on the continuation of the district under the
7-56 law governing the district. Following the adoption of the
7-57 resolution, ordinance, or order and approval by the [advisory]
7-58 commission, the regional planning commission shall amend the
7-59 regional plan to take into account the participation of the
7-60 emergency communication district.
7-61 (c) Participation in the regional plan by an emergency
7-62 communication district does not affect the organization or
7-63 operation of the district, except that the district may not collect
7-64 an emergency communication fee or other special fee for 9-1-1
7-65 service not permitted by this chapter. Participation by the
7-66 district in the plan does not affect the district's authority to
7-67 set its own fees in the territory under its jurisdiction on January
7-68 1, 1988. Participation in the regional plan by a public agency or
7-69 group of public agencies operating as an emergency communication
8-1 district as provided by Subsection (d) does not affect the
8-2 authority of the public agency or group of public agencies to set
8-3 its own fees in territory:
8-4 (1) under its jurisdiction at the time of recognition;
8-5 or
8-6 (2) added to the district after the recognition.
8-7 (d) In a county with a population of 120,000 or less, a
8-8 public agency or group of public agencies acting jointly that
8-9 contracted with a service provider before September 1, 1987, to
8-10 provide 9-1-1 service by resolution of its governing body may
8-11 withdraw from a regional plan in which it chooses to participate.
8-12 A public agency or group of public agencies that withdraws from a
8-13 regional plan under this subsection shall be recognized and operate
8-14 as an emergency communication district in the agency's or group's
8-15 geographic jurisdiction. As an emergency communication district,
8-16 the public agency or group of agencies:
8-17 (1) is governed by Subchapter D, Chapter 772; and
8-18 (2) may collect all fees authorized by that subchapter
8-19 or other applicable law.
8-20 SECTION 20. Section 771.061(b), Health and Safety Code, is
8-21 amended to read as follows:
8-22 (b) Information that a service provider of
8-23 telecommunications service furnishes to the [advisory] commission[,
8-24 a regional planning commission,] or an emergency communication
8-25 district to verify or audit emergency service fees or surcharge
8-26 remittances and that includes access line or market share
8-27 information of an individual service provider is confidential and
8-28 not available for public inspection.
8-29 SECTION 21. Section 771.062, Health and Safety Code, is
8-30 amended to read as follows:
8-31 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
8-32 emergency communication district may adopt any provision of this
8-33 chapter or any [advisory] commission rule. The [advisory]
8-34 commission may enforce a provision or rule adopted by an emergency
8-35 communication district under this section.
8-36 (b) The [advisory] commission shall maintain and update at
8-37 least annually a list of provisions or rules that have been adopted
8-38 by emergency communication districts under this section.
8-39 (c) An emergency communication district or home-rule
8-40 municipality that operates a 9-1-1 system independent of the state
8-41 system may voluntarily submit strategic planning information to the
8-42 commission for use in preparing the strategic plan for statewide
8-43 9-1-1 service. This information as determined by the commission, if
8-44 reported, may:
8-45 (1) include a survey of the current performance,
8-46 efficiency, and degree of implementation of emergency
8-47 communications services;
8-48 (2) detail the progress made toward meeting the goals
8-49 and objectives of the previous strategic plan;
8-50 (3) describe the strategic direction, goals, and
8-51 objectives for emergency communications services;
8-52 (4) identify major issues, long-range policy
8-53 guidelines, and priorities relating to improving emergency
8-54 communications services; and
8-55 (5) detail the financial performance of each district
8-56 in implementing emergency communications services.
8-57 (d) The commission shall establish reasonable guidelines for
8-58 use by districts and home-rule municipalities in preparing
8-59 information for the strategic plan for statewide 9-1-1 services.
8-60 These guidelines shall include the time frames of information and
8-61 instructions for submission.
8-62 SECTION 22. Sections 771.071(a), (c), (e), and (f), Health
8-63 and Safety Code, are amended to read as follows:
8-64 (a) Except as otherwise provided by this subchapter, the
8-65 [advisory] commission may impose a 9-1-1 emergency service fee on
8-66 each local exchange access line or equivalent local exchange access
8-67 line, including lines of customers in an area served by an
8-68 emergency communication district participating in the applicable
8-69 regional plan. If a business service user provides residential
9-1 facilities, each line that terminates at a residential unit, and
9-2 that is a communication link equivalent to a residential local
9-3 exchange access line, shall be charged the 9-1-1 emergency service
9-4 fee. The fee may not be imposed on a line to coin-operated public
9-5 telephone equipment or to public telephone equipment operated by
9-6 coin or by card reader. For purposes of this section, the
9-7 [advisory] commission shall determine what constitutes an
9-8 equivalent local exchange access line.
9-9 (c) The [advisory] commission may set the fee in a different
9-10 amount in each regional planning commission region based on the
9-11 cost of providing 9-1-1 service to each region.
9-12 (e) A local exchange service provider shall collect the fees
9-13 imposed on its customers under this section. Not later than the
9-14 30th [60th] day after the last day of the month in which the fees
9-15 are collected, the local exchange service provider shall deliver
9-16 the fees to the [regional planning commission or other public
9-17 agency designated by the regional planning commission and located
9-18 in the area served by the regional planning] commission. The
9-19 commission shall deposit money from the fees to the credit of the
9-20 9-1-1 services fee fund.
9-21 (f) The [regional planning] commission [or designated public
9-22 agency] shall distribute money appropriated to the commission from
9-23 the 9-1-1 services fee fund to regional planning commissions for
9-24 use in providing 9-1-1 services as provided by contracts executed
9-25 under Section 771.078. The regional planning commissions shall
9-26 distribute the money to [the fees to the] public agencies [in the
9-27 county] for use in providing those services [9-1-1 service].
9-28 SECTION 23. Sections 771.0711(a), (b), (c), (e), (f), and
9-29 (g), Health and Safety Code, are amended to read as follows:
9-30 (a) To provide for automatic number identification and
9-31 automatic location identification of wireless 9-1-1 calls, the
9-32 [advisory] commission shall impose on each wireless
9-33 telecommunications connection a 9-1-1 emergency service fee. A
9-34 political subdivision may not impose another fee on a wireless
9-35 service provider or subscriber for 9-1-1 emergency service.
9-36 (b) A wireless service provider shall collect the fee in an
9-37 amount equal to 50 cents a month for each wireless
9-38 telecommunications connection from its subscribers and shall pay
9-39 the money collected to the [advisory] commission not later than the
9-40 30th day after the last day of the month during which the fees were
9-41 collected. The wireless service provider may retain an
9-42 administrative fee of one percent of the amount collected. Until
9-43 deposited to the credit of the 9-1-1 services fee fund as required
9-44 by Subsection (c), money [Money] the [advisory] commission collects
9-45 under this subsection [is from local fees and the money] remains
9-46 outside the state treasury.
9-47 (c) Money collected under Subsection (b) may be used only
9-48 for services related to 9-1-1 services, including automatic number
9-49 identification and automatic location information services. Within
9-50 15 days of the date of collection of the money, the [advisory]
9-51 commission shall distribute to each [regional planning commission
9-52 and] emergency communication district that does not participate in
9-53 the state system a portion of the money that bears the same
9-54 proportion to the total amount collected that the population of the
9-55 area served by the [commission or] district bears to the [total
9-56 combined] population of the state. The commission shall deposit
9-57 the remaining money collected under Subsection (b) to the 9-1-1
9-58 services fee fund [areas served by a commission or district].
9-59 (e) A member of the [advisory] commission, the governing
9-60 body of a public agency, or the General Services Commission is not
9-61 liable for any claim, damage, or loss arising from the provision of
9-62 wireless 9-1-1 service unless the act or omission causing the
9-63 claim, damage, or loss violates a statute or ordinance applicable
9-64 to the action.
9-65 (f) A wireless service provider is not required to take
9-66 legal action to enforce the collection of any wireless 9-1-1
9-67 service fee. The [advisory] commission may establish collection
9-68 procedures and recover the cost of collection from the subscriber
9-69 liable for the fee. The [advisory] commission may institute legal
10-1 proceedings to collect a fee and in those proceedings is entitled
10-2 to recover from the subscriber court costs, attorney's fees, and
10-3 interest on the amount delinquent. The interest is computed at an
10-4 annual rate of 12 percent beginning on the date the fee becomes
10-5 due.
10-6 (g) On receipt of an invoice from a wireless service
10-7 provider for reasonable expenses for network facilities, including
10-8 equipment, installation, maintenance, and associated implementation
10-9 costs, the [advisory] commission or an emergency services district
10-10 of a home-rule municipality or an emergency communication district
10-11 created under Chapter 772 shall reimburse the wireless service
10-12 provider in accordance with state law for all expenses related to
10-13 9-1-1 service.
10-14 SECTION 24. Sections 771.072(a), (c), and (f), Health and
10-15 Safety Code, are amended to read as follows:
10-16 (a) In addition to the fee imposed under Section 771.071,
10-17 the [advisory] commission shall impose a 9-1-1 equalization
10-18 surcharge on each customer receiving intrastate long-distance
10-19 service, including customers in an area served by an emergency
10-20 communication district, even if the district is not participating
10-21 in the regional plan.
10-22 (c) Except as provided by Section 771.073(f), an intrastate
10-23 long-distance service provider shall collect the surcharge imposed
10-24 on its customers under this section and shall deliver the
10-25 surcharges to the [advisory] commission not later than the 30th
10-26 [60th] day after the last day of the month in which the surcharges
10-27 are collected.
10-28 (f) The [advisory] commission shall deposit the surcharges
10-29 and any prior balances in an account in the general revenue fund in
10-30 the state treasury until they are allocated to regional planning
10-31 commissions and poison control centers in accordance with this
10-32 section. From that account, the amount necessary for the
10-33 commission to fund approved plans of regional planning commissions
10-34 and regional poison control centers and to carry out its duties
10-35 under this chapter shall be appropriated to the commission.
10-36 Section 403.095, Government Code, does [Sections 403.094 and
10-37 403.095, Government Code, do] not apply to the account established
10-38 by this subsection.
10-39 SECTION 25. Sections 771.0725(b), (c), and (d), Health and
10-40 Safety Code, are amended to read as follows:
10-41 (b) Each year the [advisory] commission shall provide
10-42 documentation to the Public Utility Commission of Texas regarding
10-43 the rate at which each fee should be imposed and the allocation of
10-44 revenue under Sections 771.072(d) and (e). The [advisory]
10-45 commission may provide such documentation more often under this
10-46 subsection if the [advisory] commission determines that action is
10-47 necessary.
10-48 (c) The Public Utility Commission of Texas shall review the
10-49 documentation provided by the [advisory] commission as well as
10-50 allocations derived therefrom and also identified by the [advisory]
10-51 commission. If the Public Utility Commission of Texas determines
10-52 that a recommended rate or allocation is not appropriate, the
10-53 Public Utility Commission of Texas shall provide comments to the
10-54 [advisory] commission, the governor, and the Legislative Budget
10-55 Board regarding appropriate rates and the basis for that
10-56 determination.
10-57 (d) The Public Utility Commission of Texas may review and
10-58 make comments regarding a rate or allocation under this section in
10-59 an informal proceeding. A proceeding in which a rate or allocation
10-60 is reviewed is not a contested case for purposes of Chapter 2001,
10-61 Government Code. A review of a rate or allocation is not a rate
10-62 change for purposes of Chapter 36 or 53, Utilities Code [Subtitle
10-63 E, Title II, or Subtitle E, Title III, Public Utility Regulatory
10-64 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes)].
10-65 SECTION 26. Sections 771.073(b), (c), (e), (f), and (g),
10-66 Health and Safety Code, are amended to read as follows:
10-67 (b) A business service user that provides residential
10-68 facilities and owns or leases a private telephone switch used to
10-69 provide telephone service to facility residents shall collect the
11-1 9-1-1 emergency service fee and transmit the fees monthly to the
11-2 [regional planning commission or other entity designated by the]
11-3 commission [to collect the fee]. A business service user that does
11-4 not collect and remit the 9-1-1 emergency service fee as required
11-5 is subject to a civil cause of action. A court may award to the
11-6 commission court costs, attorney's fees, and interest on the amount
11-7 delinquent at an annual rate of 12 percent, to be paid by the
11-8 nonpaying business service user. A sworn affidavit by the
11-9 commission [entity that administers the 9-1-1 service] specifying
11-10 the unremitted fees is prima facie evidence that the fees were not
11-11 remitted and of the amount of the unremitted fees.
11-12 (c) The [advisory] commission[, the regional planning
11-13 commission, or a public agency designated by the regional planning
11-14 commission] may establish collection procedures and recover the
11-15 cost of collection from the customer liable for the fee or
11-16 surcharge. The [advisory] commission[, the regional planning
11-17 commission, or the designated public agency] may institute legal
11-18 proceedings to collect a fee or surcharge and in those proceedings
11-19 is entitled to recover from the customer court costs, attorney's
11-20 fees, and an interest on the amount delinquent. The interest is
11-21 computed at an annual rate of 12 percent beginning on the date the
11-22 fee or surcharge becomes due.
11-23 (e) A service provider collecting fees or surcharges under
11-24 this subchapter may retain as an administrative fee an amount equal
11-25 to one [two] percent of the total amount collected.
11-26 (f) The [advisory] commission may establish payment
11-27 schedules and minimum payment thresholds for fees and surcharges
11-28 imposed under this subchapter.
11-29 (g) A 9-1-1 service provider is responsible for correctly
11-30 billing and remitting applicable 9-1-1 fees, charges, and
11-31 equalization surcharges. Any 9-1-1 fees, charges, or equalization
11-32 surcharges erroneously billed to a subscriber by a 9-1-1 service
11-33 provider and erroneously remitted to the [advisory] commission[, a
11-34 regional planning commission,] or an emergency communication
11-35 district may not be recovered from the [advisory] commission[,
11-36 regional planning commission,] or emergency communication
11-37 district[,] unless the fees or charges were adjusted due to a
11-38 refund to the subscriber by the local exchange carrier or
11-39 interexchange carrier.
11-40 SECTION 27. Section 771.075, Health and Safety Code, is
11-41 amended to read as follows:
11-42 Sec. 771.075. USE OF REVENUE. Except as provided by Section
11-43 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
11-44 collected under this subchapter may be used only for planning,
11-45 development, provision, and enhancement of [enhancing] the
11-46 effectiveness of 9-1-1 service as approved by the [advisory]
11-47 commission.
11-48 SECTION 28. Sections 771.076(a), (b), and (d), Health and
11-49 Safety Code, are amended to read as follows:
11-50 (a) The [advisory] commission or an employee of the
11-51 commission may notify the comptroller of any irregularity that may
11-52 indicate that an audit of a service provider collecting a fee or
11-53 surcharge under this subchapter is warranted. The commission may
11-54 require at its own expense that an audit be conducted [of a service
11-55 provider collecting fees or surcharges under this subchapter or] of
11-56 a public agency receiving money under this chapter.
11-57 (b) If the comptroller conducts an audit of a service
11-58 provider that collects and disburses fees or surcharges under this
11-59 subchapter, the comptroller shall [may] also audit those
11-60 collections and disbursements to determine if the provider is
11-61 complying with this chapter.
11-62 (d) [The audit of a service provider under Subsection (a)
11-63 must be limited to the collection and remittance of money collected
11-64 under this subchapter.] The audit of a public agency under
11-65 Subsection (a) or (c) must be limited to the collection,
11-66 remittance, and expenditure of money collected under this
11-67 subchapter.
11-68 SECTION 29. Section 771.077, Health and Safety Code, is
11-69 amended to read as follows:
12-1 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES [BY ADVISORY
12-2 COMMISSION]. (a) The comptroller by rule shall [advisory
12-3 commission may] establish collection procedures to collect past due
12-4 amounts and recover the costs of collection from a service provider
12-5 or business service user that fails to timely deliver[:]
12-6 [(1)] the fees and [to the regional planning
12-7 commission or other public agency designated by the regional
12-8 planning commission; or]
12-9 [(2)] the equalization surcharge to the [advisory]
12-10 commission.
12-11 (b) The comptroller by rule [advisory commission] shall
12-12 establish procedures to be used by the [a regional planning]
12-13 commission [or designated public agency] to notify the comptroller
12-14 [advisory commission] of a service provider's or business service
12-15 user's failure to timely deliver the fees or surcharges.
12-16 (c) In addition to amounts collected under Subsection (a),
12-17 after notice and an opportunity for a hearing, the comptroller
12-18 [advisory commission] may assess a late penalty against a service
12-19 provider who fails to timely deliver the fees or surcharges. The
12-20 late penalty is in an amount not to exceed $100 a day for each day
12-21 that the fees or surcharges are late.
12-22 (d) The comptroller [advisory commission] shall deposit
12-23 amounts received as costs of collection in the general revenue
12-24 fund.
12-25 (e) The comptroller shall:
12-26 (1) remit to the commission money collected under this
12-27 section for fees provided by Section 771.0711 and associated late
12-28 penalties;
12-29 (2) deposit to the 9-1-1 services fee fund any money
12-30 collected under this section for fees provided by Section 771.071
12-31 and associated late penalties; and
12-32 (3) deposit to the account as authorized by Section
12-33 771.072 any money collected under this section for fees provided by
12-34 Section 771.072 and associated late penalties.
12-35 (f) The commission shall:
12-36 (1) deposit or distribute the money remitted under
12-37 Subsection (e)(1) as Section 771.0711 provides for fees received
12-38 under that section; and
12-39 (2) distribute the money remitted under Subsection
12-40 (e)(2) and appropriated to the commission under contracts as
12-41 provided by Section 771.078(b)(1). [Fees and any associated late
12-42 penalties collected under this section shall be delivered to the
12-43 appropriate regional planning commission or other designated public
12-44 agency as provided by Section 771.071(e), and surcharges and any
12-45 associated late penalties shall be deposited as provided by Section
12-46 771.072(f).]
12-47 SECTION 30. Subchapter D, Chapter 771, Health and Safety
12-48 Code, is amended by adding Section 771.078 to read as follows:
12-49 Sec. 771.078. CONTRACTS FOR SERVICES. (a) The commission
12-50 shall contract with regional planning commissions for the provision
12-51 of 9-1-1 service. The commission by rule shall adopt standard
12-52 provisions for the contracts.
12-53 (b) In making contracts under this section, the commission
12-54 shall ensure that each regional planning commission receives money
12-55 for 9-1-1 service in two separately computed amounts as provided by
12-56 this subsection. The commission must provide each regional
12-57 planning commission with:
12-58 (1) an amount of money equal to the total of the
12-59 revenue from the emergency service fees collected under Section
12-60 771.071 that is deposited in the treasury and appropriated to the
12-61 commission multiplied by a fraction, the numerator of which is the
12-62 amount of those fees collected from the region and the denominator
12-63 of which is the total amount of those fees collected in this state;
12-64 and
12-65 (2) an amount of money equal to the total of the
12-66 revenue from the emergency service fee for wireless
12-67 telecommunications connections under Section 771.0711 that is
12-68 deposited in the treasury and appropriated to the commission
12-69 multiplied by a fraction, the numerator of which is the population
13-1 of the region and the denominator of which is the population of
13-2 this state.
13-3 (c) Contracts under this section must provide for:
13-4 (1) the reporting of financial information regarding
13-5 administrative expenses by regional planning commissions in
13-6 accordance with generally accepted accounting principles;
13-7 (2) the reporting of information regarding the current
13-8 performance, efficiency, and degree of implementation of emergency
13-9 communications services in each regional planning commission's
13-10 service area;
13-11 (3) the collection of efficiency data on the operation
13-12 of 9-1-1 answering points;
13-13 (4) standards for the use of answering points and the
13-14 creation of new answering points;
13-15 (5) quarterly disbursements of money due under the
13-16 contract, except as provided by Subdivision (6);
13-17 (6) the commission to withhold disbursement to a
13-18 regional planning commission that does not follow a standard
13-19 imposed by the contract, a commission rule, or a statute; and
13-20 (7) a means for the commission to give an advance on a
13-21 quarterly distribution under the contract to a regional planning
13-22 commission that has a financial emergency.
13-23 (d) Not more than 10 percent of the money received by a
13-24 regional planning commission under Subsection (b) may be used for
13-25 the regional planning commission's indirect costs. In this
13-26 subsection, "indirect costs" means costs that are not directly
13-27 attributable to a single action of a commission. The governor
13-28 shall use the federal Office of Management and Budget circulars
13-29 A-87 and A-122 or use any rules relating to the determination of
13-30 indirect costs adopted under Chapter 783, Government Code, in
13-31 administering this section.
13-32 (e) The commission may allocate surcharges under Section
13-33 771.072(d) by means of a contract under this section.
13-34 (f) Promptly after the commission receives a request from a
13-35 regional planning commission, the commission shall provide the
13-36 regional planning commission with adequate documentation and
13-37 financial records of the amount of money collected in that region
13-38 or of an amount of money allocated to the regional planning
13-39 commission in accordance with this section.
13-40 SECTION 31. Subchapter D, Chapter 771, Health and Safety
13-41 Code, is amended by adding Section 771.079 to read as follows:
13-42 Sec. 771.079. 9-1-1 SERVICES FEE FUND. (a) The 9-1-1
13-43 services fee fund is an account in the general revenue fund.
13-44 (b) The account consists of:
13-45 (1) fees deposited in the fund as provided by Sections
13-46 771.071 and 771.0711; and
13-47 (2) notwithstanding Section 404.071, Government Code,
13-48 all interest attributable to money held in the account.
13-49 (c) Money in the account may be appropriated only to the
13-50 commission for planning, development, provision, or enhancement of
13-51 the effectiveness of 9-1-1 service or for contracts with regional
13-52 planning commissions for 9-1-1 service.
13-53 (d) Section 403.095, Government Code, does not apply to the
13-54 account.
13-55 SECTION 32. Section 772.304(a), Health and Safety Code, is
13-56 amended to read as follows:
13-57 (a) This subchapter applies only to a county with a
13-58 population of more than 20,000 or to a group of two or more
13-59 contiguous counties each with a population of 20,000 or more in
13-60 which an emergency communication district was created under Chapter
13-61 288, Acts of the 69th Legislature, Regular Session, 1985, before
13-62 January 1, 1988, or to a public agency or group of public agencies
13-63 that withdraws from participation in a regional plan under Section
13-64 771.058(d).
13-65 SECTION 33. Chapter 777, Health and Safety Code, is amended
13-66 by adding Section 777.012 to read as follows:
13-67 Sec. 777.012. NUMBER AND LOCATION IDENTIFICATION SERVICE.
13-68 (a) In this section:
13-69 (1) "Service provider" means an entity providing local
14-1 exchange access lines to a service user and includes a business
14-2 service user that provides residential facilities and owns or
14-3 leases a public or private telephone switch used to provide
14-4 telephone service to facility residents.
14-5 (2) "Service user" means a person that is provided
14-6 local exchange access lines, or their equivalent.
14-7 (b) A service provider shall furnish to a poison control
14-8 center for each call to an emergency line of the center the
14-9 telephone number of the subscribers and the address associated with
14-10 the number.
14-11 (c) Information furnished to a poison control center under
14-12 this section is confidential and is not available for public
14-13 inspection. Information contained in an address database used to
14-14 provide the number or location identification information under
14-15 this section is confidential and is not available for public
14-16 inspection. The service provider or a third party that maintains
14-17 an address database is not liable to any person for the release of
14-18 information furnished by the service provider or third party in
14-19 providing number or location identification information under this
14-20 section, unless the act or omission proximately causing the claim,
14-21 damage, or loss constitutes gross negligence, recklessness, or
14-22 intentional misconduct.
14-23 SECTION 34. (a) The terms of the appointed members of the
14-24 Advisory Commission on State Emergency Communications expire on the
14-25 effective date of this Act. The members shall serve until a
14-26 majority of the successor commission is appointed as provided by
14-27 Section 771.031, Health and Safety Code, as amended by this Act,
14-28 and has qualified.
14-29 (b) The governor, the lieutenant governor, and the speaker
14-30 of the house of representatives shall appoint members of the
14-31 Commission on State Emergency Communications as soon after the
14-32 effective date of this Act as is practicable.
14-33 (c) The changes in law made by this Act regarding the
14-34 appointment or qualifications of an appointed member of the
14-35 Commission on State Emergency Communications apply only to a member
14-36 appointed on or after the effective date of this Act. The
14-37 appointment and qualifications of an appointed member of the
14-38 Advisory Commission on State Emergency Communications are governed
14-39 by the law as it existed immediately before the effective date of
14-40 this Act, and the former law is continued in effect for that
14-41 purpose.
14-42 (d) Before the Commission on State Emergency Communications
14-43 makes a contract payment to a regional planning commission under
14-44 Section 771.078, Health and Safety Code, as added by this Act, the
14-45 commission shall ensure that the regional planning commission has
14-46 spent all money the planning commission has received from fees
14-47 under Sections 771.071 and 771.0711, Health and Safety Code, as
14-48 those sections existed immediately before the effective date of
14-49 this Act.
14-50 SECTION 35. The change in the name of the Advisory
14-51 Commission on State Emergency Communications as provided by this
14-52 Act does not affect the validity of any action taken by the
14-53 commission before, on, or after the effective date of this Act. A
14-54 reference in law to the Advisory Commission on State Emergency
14-55 Communications means the Commission on State Emergency
14-56 Communications.
14-57 SECTION 36. Not later than one year from the effective date
14-58 of this Act, the Commission on State Emergency Communications shall
14-59 implement Phase I of the wireless E-911 enhancements set forth in
14-60 FCC Docket 94-102 for at least 75 percent of the population
14-61 provided with 9-1-1 service by the Commission on State Emergency
14-62 Communications.
14-63 SECTION 37. (a) The changes in law made by this Act
14-64 regarding the date of payment of a fee or surcharge under Chapter
14-65 771, Health and Safety Code, as amended by this Act, apply only to
14-66 a fee or surcharge collected on or after the effective date of this
14-67 Act. A fee or surcharge that is collected before the effective
14-68 date of this Act is due on the date the payment would have been due
14-69 under the law as it existed immediately before the effective date
15-1 of this Act, and the former law is continued in effect for that
15-2 purpose.
15-3 (b) The changes in law made by this Act regarding the
15-4 collection of fees, surcharges, or associated penalties apply only
15-5 to an action taken on or after the effective date of this Act. The
15-6 collection of a fee, surcharge, or associated penalty for which an
15-7 action was initiated before the effective date of this Act is
15-8 governed by the law as it existed immediately before the effective
15-9 date of this Act, and the former law is continued in effect for
15-10 that purpose.
15-11 (c) The changes in law made by this Act regarding the
15-12 disposition of a fee, surcharge, or associated penalty collected
15-13 under Chapter 771, Health and Safety Code, as amended by this Act,
15-14 and the amount a service provider may retain as an administrative
15-15 fee apply only to a fee, surcharge, or penalty collected on or
15-16 after the effective date of this Act. The disposition of a fee,
15-17 surcharge, or associated penalty that was collected before the
15-18 effective date of this Act and the amount a service provider may
15-19 retain as an administrative fee are governed by the law as it
15-20 existed immediately before the effective date of this Act, and the
15-21 former law is continued in effect for that purpose.
15-22 SECTION 38. This Act takes effect September 1, 1999.
15-23 SECTION 39. The importance of this legislation and the
15-24 crowded condition of the calendars in both houses create an
15-25 emergency and an imperative public necessity that the
15-26 constitutional rule requiring bills to be read on three several
15-27 days in each house be suspended, and this rule is hereby suspended.
15-28 * * * * *