By Madla S.B. No. 366
76R818 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Advisory
1-3 Commission on State Emergency Communications.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 771.001(1), (4), and (10), Health and
1-6 Safety Code, are amended to read as follows:
1-7 (1) "Commission [Advisory commission]" means the
1-8 [Advisory] Commission on State Emergency Communications.
1-9 (4) "Intrastate long distance service provider" means
1-10 a telecommunications carrier providing intrastate long distance
1-11 service, as defined by the [advisory] commission.
1-12 (10) "Regional planning commission" means a planning
1-13 commission established under Chapter 391, Local Government Code.
1-14 SECTION 2. The subchapter heading of Subchapter B, Chapter
1-15 771, Health and Safety Code, is amended to read as follows:
1-16 SUBCHAPTER B. [ADVISORY] COMMISSION ON STATE
1-17 EMERGENCY COMMUNICATIONS
1-18 SECTION 3. Section 771.031, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 771.031. COMPOSITION OF COMMISSION. (a) The
1-21 Commission on State Emergency Communications is composed of nine
1-22 appointed members and three ex officio members as provided by this
1-23 section.
1-24 (b) The following individuals serve as nonvoting ex officio
2-1 members:
2-2 (1) the executive director of the Public Utility
2-3 Commission of Texas, or an individual designated by the executive
2-4 director;
2-5 (2) the executive director of the General Services
2-6 Commission, or an individual designated by the executive director;
2-7 and
2-8 (3) the commissioner of public health, or an
2-9 individual designated by the commissioner.
2-10 (c) The [Advisory Commission on State Emergency
2-11 Communications is composed of:]
2-12 [(1) eight members appointed by the governor;]
2-13 [(2) two members appointed by the] lieutenant governor
2-14 and[;]
2-15 [(3) two members appointed by] the speaker of the
2-16 house of representatives each shall appoint two members as
2-17 representatives of the general public.
2-18 (d) The governor shall appoint:
2-19 (1) one member who serves on the governing body of a
2-20 regional planning commission;
2-21 (2) one member who serves on the governing body of an
2-22 emergency communication district;
2-23 (3) one member who serves on the governing body of a
2-24 county with a population of less than 50,000;
2-25 (4) one member who serves on the governing body of a
2-26 home-rule municipality that operates a 9-1-1 system that is
2-27 independent of the state's system; and
3-1 (5) one member as a representative of the general
3-2 public.
3-3 (e)[;]
3-4 [(4) the commissioner of public health or the
3-5 commissioner's designee;]
3-6 [(5) the public safety director of the Department of
3-7 Public Safety or the public safety director's designee;]
3-8 [(6) the executive director of the Criminal Justice
3-9 Policy Council or the executive director's designee; and]
3-10 [(7) the executive director of the major association
3-11 representing regional planning commissions or the executive
3-12 director's designee.]
3-13 [(b) The governor shall appoint one representative from each
3-14 of the three local exchange carriers that serve the most local
3-15 access lines in the state, one person who is a member of the
3-16 governing body of a municipality, one person who is a member of a
3-17 county commissioners court, and one person who is a director of an
3-18 emergency communication district described by Section
3-19 771.001(3)(B).]
3-20 [(c) The major association representing municipal
3-21 governments shall present to the governor a list of at least three
3-22 eligible candidates for the position on the advisory commission to
3-23 be filled by a member of a municipal governing body. The major
3-24 association representing county governments shall present to the
3-25 governor a list of at least three eligible candidates for the
3-26 position on the advisory commission to be filled by a member of a
3-27 county commissioners court. The governor shall consider those
4-1 recommendations but is not required to select a person recommended.]
4-2 [(d)] Appointed members of the [advisory] commission serve
4-3 staggered terms of six years, with the terms of one-third of the
4-4 [four] members expiring September 1 of each odd-numbered year.
4-5 (f) [(e)] A vacancy in an appointed position on the
4-6 [advisory] commission shall be filled in the same manner as the
4-7 position of the member whose departure created the vacancy.
4-8 (g) The governor shall designate an appointed member of the
4-9 commission as the presiding officer of the commission to serve in
4-10 that capacity at the pleasure of the governor.
4-11 SECTION 4. Subchapter B, Chapter 771, Health and Safety
4-12 Code, is amended by adding Sections 771.0315 and 771.0316 to read
4-13 as follows:
4-14 Sec. 771.0315. ELIGIBILITY FOR MEMBERSHIP OR TO BE GENERAL
4-15 COUNSEL. (a) A person is not eligible for appointment under
4-16 Section 771.031 to represent the general public if the person or
4-17 the person's spouse:
4-18 (1) is registered, certified, or licensed by a
4-19 regulatory agency in the field of telecommunications;
4-20 (2) is employed by or participates in the management
4-21 of a business entity or other organization receiving money from the
4-22 commission;
4-23 (3) owns or controls, directly or indirectly, more
4-24 than a 10 percent interest in a business entity or other
4-25 organization receiving money from the commission; or
4-26 (4) uses or receives a substantial amount of tangible
4-27 goods, services, or money from the commission other than
5-1 compensation or reimbursement authorized by law for commission
5-2 membership, attendance, or expenses.
5-3 (b) In this subsection, "Texas trade association" means a
5-4 cooperative and voluntarily joined association of business or
5-5 professional competitors in this state designed to assist its
5-6 members and its industry or profession in dealing with mutual
5-7 business or professional problems and in promoting their common
5-8 interest. A person may not be a member of the commission and may
5-9 not be a commission employee employed in a "bona fide executive,
5-10 administrative, or professional capacity," as that phrase is used
5-11 for purposes of establishing an exemption to the overtime
5-12 provisions of the federal Fair Labor Standards Act of 1938 (29
5-13 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
5-14 (1) the person is an officer, employee, or paid
5-15 consultant of a Texas trade association in the field of
5-16 telecommunications or emergency communications;
5-17 (2) the person's spouse is an officer, manager, or
5-18 paid consultant of a Texas trade association in the field of
5-19 telecommunications or emergency communications;
5-20 (3) the person is an officer, employee, or paid
5-21 consultant of a Texas association of regional councils; or
5-22 (4) the person's spouse is an officer, manager, or
5-23 paid consultant of a Texas association of regional councils.
5-24 (c) A person may not be a member of the commission or act as
5-25 the general counsel to the commission if the person is required to
5-26 register as a lobbyist under Chapter 305, Government Code, because
5-27 of the person's activities for compensation on behalf of a
6-1 profession related to the operation of the commission.
6-2 (d) Appointments to the commission shall be made without
6-3 regard to the race, color, disability, sex, religion, age, or
6-4 national origin of the appointees.
6-5 Sec. 771.0316. GROUNDS FOR REMOVAL OF COMMISSION MEMBER.
6-6 (a) It is a ground for removal from the commission that a member:
6-7 (1) does not have at the time of taking office the
6-8 qualifications required by Section 771.031;
6-9 (2) does not maintain during service the
6-10 qualifications required by Section 771.031;
6-11 (3) is ineligible for membership under Section 771.031
6-12 or 771.0315;
6-13 (4) cannot, because of illness or disability,
6-14 discharge the member's duties for a substantial part of the
6-15 member's term; or
6-16 (5) is absent from more than half of the regularly
6-17 scheduled commission meetings that the member is eligible to attend
6-18 during a calendar year without an excuse approved by a majority
6-19 vote of the commission.
6-20 (b) The validity of an action of the commission is not
6-21 affected by the fact that it is taken when a ground for removal of
6-22 a commission member exists.
6-23 (c) If the executive director has knowledge that a potential
6-24 ground for removal exists, the executive director shall notify the
6-25 presiding officer of the commission of the potential ground. The
6-26 presiding officer shall notify the governor and the attorney
6-27 general that a potential ground for removal exists. If the
7-1 potential ground for removal involves the presiding officer, the
7-2 executive director shall notify the next highest ranking officer of
7-3 the commission, who shall then notify the governor and the attorney
7-4 general that a potential ground for removal exists.
7-5 SECTION 5. Section 771.032, Health and Safety Code, is
7-6 amended to read as follows:
7-7 Sec. 771.032. APPLICATION OF SUNSET ACT. The [Advisory]
7-8 Commission on State Emergency Communications is subject to Chapter
7-9 325, Government Code (Texas Sunset Act). Unless continued in
7-10 existence as provided by that chapter, the [advisory] commission is
7-11 abolished and this chapter expires September 1, 2011 [1999].
7-12 SECTION 6. Section 771.033, Health and Safety Code, is
7-13 amended to read as follows:
7-14 Sec. 771.033. [CHAIRMAN;] MEETINGS. [(a) The advisory
7-15 commission shall appoint a chairman from among its members at the
7-16 first meeting of the commission after the biennial appointment of
7-17 commission members.]
7-18 [(b)] The [advisory] commission shall meet in Austin and at
7-19 other places fixed by the commission at the call of the presiding
7-20 officer [chairman].
7-21 SECTION 7. Section 771.034, Health and Safety Code, is
7-22 amended to read as follows:
7-23 Sec. 771.034. EXPENSES. The expenses of a member of the
7-24 [advisory] commission shall be paid as provided by the General
7-25 Appropriations Act.
7-26 SECTION 8. Section 771.035, Health and Safety Code, is
7-27 amended to read as follows:
8-1 Sec. 771.035. STAFF; PERSONNEL POLICIES. (a) The
8-2 [advisory] commission may employ persons as necessary to carry out
8-3 its functions.
8-4 (b) The executive director or the executive director's
8-5 designee shall prepare and maintain a written policy statement that
8-6 implements a program of equal employment opportunity to ensure that
8-7 all personnel decisions are made without regard to race, color,
8-8 disability, sex, religion, age, or national origin.
8-9 (c) The policy statement must include:
8-10 (1) personnel policies, including policies related to
8-11 recruitment, evaluation, selection, training, and promotion of
8-12 personnel, that show the intent of the commission to avoid the
8-13 unlawful employment practices described by Chapter 21, Labor Code;
8-14 and
8-15 (2) an analysis of the extent to which the composition
8-16 of the commission's personnel is in accordance with state and
8-17 federal law and a description of reasonable methods to achieve
8-18 compliance with state and federal law.
8-19 (d) The policy statement must be:
8-20 (1) updated annually;
8-21 (2) reviewed by the state Commission on Human Rights
8-22 for compliance with Subsection (c)(1); and
8-23 (3) filed with the governor's office.
8-24 SECTION 9. Subchapter B, Chapter 771, Health and Safety
8-25 Code, is amended by adding Section 771.036 to read as follows:
8-26 Sec. 771.036. STANDARDS OF CONDUCT. The executive director
8-27 or the executive director's designee shall provide to members of
9-1 the commission and to employees of the commission, as often as
9-2 necessary, information regarding the requirements for office or
9-3 employment under this chapter, including information regarding a
9-4 person's responsibilities under applicable laws relating to
9-5 standards of conduct for state officers or employees.
9-6 SECTION 10. Subchapter B, Chapter 771, Health and Safety
9-7 Code, is amended by adding Section 771.037 to read as follows:
9-8 Sec. 771.037. COMMISSION MEMBER TRAINING. (a) A person who
9-9 is appointed to and qualifies for office as a member of the
9-10 commission may not vote, deliberate, or be counted as a member in
9-11 attendance at a meeting of the commission until the person
9-12 completes a training program that complies with this section.
9-13 (b) The training program must provide the person with
9-14 information regarding:
9-15 (1) the legislation that created the commission;
9-16 (2) the programs operated by the commission;
9-17 (3) the role and functions of the commission;
9-18 (4) the rules of the commission, with an emphasis on
9-19 the rules that relate to disciplinary and investigatory authority;
9-20 (5) the current budget of the commission;
9-21 (6) the results of the most recent formal audit of the
9-22 commission;
9-23 (7) the requirements of:
9-24 (A) the open meetings law, Chapter 551,
9-25 Government Code;
9-26 (B) the public information law, Chapter 552,
9-27 Government Code;
10-1 (C) the administrative procedure law, Chapter
10-2 2001, Government Code; and
10-3 (D) other laws relating to public officials,
10-4 including conflict of interest laws; and
10-5 (8) any applicable ethics policies adopted by the
10-6 commission or the Texas Ethics Commission.
10-7 (c) A person appointed to the commission is entitled to
10-8 reimbursement, as provided by the General Appropriations Act, for
10-9 the travel expenses incurred in attending the training program,
10-10 regardless of whether the attendance of the program occurs before
10-11 or after the person qualifies for office.
10-12 SECTION 11. Subchapter B, Chapter 771, Health and Safety
10-13 Code, is amended by adding Section 771.038 to read as follows:
10-14 Sec. 771.038. PUBLIC COMMENTS. The commission shall develop
10-15 and implement policies that provide the public with a reasonable
10-16 opportunity to appear before the commission and to speak on any
10-17 issue under the jurisdiction of the commission.
10-18 SECTION 12. Subchapter B, Chapter 771, Health and Safety
10-19 Code, is amended by adding Section 771.039 to read as follows:
10-20 Sec. 771.039. COMPLAINTS. (a) The commission shall
10-21 maintain a file on each written complaint filed with the
10-22 commission. The file must include:
10-23 (1) the name of the person who filed the complaint;
10-24 (2) the date the complaint is received by the
10-25 commission;
10-26 (3) the subject matter of the complaint;
10-27 (4) the name of each person contacted in relation to
11-1 the complaint;
11-2 (5) a summary of the results of the review or
11-3 investigation of the complaint; and
11-4 (6) an explanation of the reason the file was closed,
11-5 if the commission closed the file without taking action other than
11-6 to investigate the complaint.
11-7 (b) The commission shall provide to the person filing the
11-8 complaint and to each person who is a subject of the complaint a
11-9 copy of the commission's policies and procedures relating to
11-10 complaint investigation and resolution.
11-11 (c) The commission, at least quarterly and until final
11-12 disposition of the complaint, shall notify the person filing the
11-13 complaint and each person who is a subject of the complaint of the
11-14 status of the investigation unless the notice would jeopardize an
11-15 undercover investigation.
11-16 SECTION 13. Section 771.051, Health and Safety Code, is
11-17 amended to read as follows:
11-18 Sec. 771.051. POWERS AND DUTIES OF [ADVISORY] COMMISSION.
11-19 (a) The [advisory] commission is the state's primary authority on
11-20 emergency communications. The commission shall:
11-21 (1) administer the implementation of statewide 9-1-1
11-22 service and the telecommunications requirements for poison control
11-23 centers under Chapter 777;
11-24 (2) develop minimum performance standards for
11-25 equipment and operation of 9-1-1 service to be followed in
11-26 developing regional plans under Section 771.055, including
11-27 requirements that the plans provide for:
12-1 (A) automatic number identification by which the
12-2 telephone number of the caller is automatically identified at the
12-3 public safety answering point receiving the call; and
12-4 (B) other features the commission considers
12-5 appropriate;
12-6 (3) examine and approve or disapprove regional plans
12-7 as provided by Section 771.056;
12-8 (4) recommend minimum training standards, assist in
12-9 training, and provide assistance in the establishment and operation
12-10 of 9-1-1 service;
12-11 (5) allocate money to prepare and operate regional
12-12 plans as provided by Section 771.056;
12-13 (6) develop and provide public education materials and
12-14 training;
12-15 (7) plan, implement, operate, and maintain poison
12-16 control center databases and assist in planning, supporting, and
12-17 facilitating 9-1-1 databases, as needed;
12-18 (8) provide grants or contracts for services that
12-19 enhance the effectiveness of 9-1-1 service; [and]
12-20 (9) coordinate emergency communications services and
12-21 providers;
12-22 (10) make reasonable efforts to gain voluntary
12-23 cooperation in the commission's activities of emergency
12-24 communications authorities and providers outside the commission's
12-25 jurisdiction, including:
12-26 (A) making joint communications to state and
12-27 federal regulators; and
13-1 (B) arranging cooperative purchases of equipment
13-2 or services; and
13-3 (11) accept, receive, and deposit in its account in
13-4 the general revenue fund gifts, grants, and royalties from public
13-5 and private entities. Gifts, grants, and royalties may be used for
13-6 the purposes of the commission.
13-7 (b) The [advisory] commission shall comply with state laws
13-8 requiring state agencies, boards, or commissions generally to
13-9 submit appropriations requests to the Legislative Budget Board and
13-10 the governor and to develop a strategic plan for operations.
13-11 (c) The [advisory] commission may obtain a commercial
13-12 license or sublicense to sell 9-1-1 or poison control public
13-13 education and training materials in this state or in other states.
13-14 The [advisory] commission may use all profits from sales for
13-15 purposes of the commission.
13-16 (d) The commission shall develop and implement policies that
13-17 clearly separate the policy making responsibilities of the
13-18 commission and the management responsibilities of the executive
13-19 director and the staff of the commission.
13-20 SECTION 14. Section 771.052, Health and Safety Code, is
13-21 amended to read as follows:
13-22 Sec. 771.052. AGENCY COOPERATION. Each public agency and
13-23 regional planning commission shall cooperate with the [advisory]
13-24 commission to the fullest extent possible.
13-25 SECTION 15. Section 771.053(b), Health and Safety Code, is
13-26 amended to read as follows:
13-27 (b) A member of the [advisory] commission or of the
14-1 governing body of a public agency is not liable for any claim,
14-2 damage, or loss arising from the provision of 9-1-1 service unless
14-3 the act or omission causing the claim, damage, or loss violates a
14-4 statute or ordinance applicable to the action.
14-5 SECTION 16. Section 771.055, Health and Safety Code, is
14-6 amended to read as follows:
14-7 Sec. 771.055. STRATEGIC PLANNING [DEVELOPMENT OF REGIONAL
14-8 PLANS]. (a) Each regional planning commission shall develop a
14-9 regional plan for the establishment and operation of 9-1-1 service
14-10 throughout the region that the regional planning commission serves.
14-11 The 9-1-1 service must meet the standards established by the
14-12 [advisory] commission.
14-13 (b) A regional [The] plan must describe [include a
14-14 description of] how the 9-1-1 service is to be administered. The
14-15 9-1-1 service may be administered by an emergency communication
14-16 district, municipality, or county, by a combination formed by
14-17 interlocal contract, or by other appropriate means as determined by
14-18 the regional planning commission. In a region in which one or more
14-19 emergency communication districts exist, a preference shall be
14-20 given to administration by those districts and expansion of the
14-21 area served by those districts.
14-22 (c) A regional plan must be updated at least once every
14-23 state fiscal biennium and must include:
14-24 (1) a description of how money allocated to the region
14-25 under this chapter is to be allocated in the region;
14-26 (2) projected financial operating information for the
14-27 two state fiscal years following the submission of the plan; and
15-1 (3) strategic planning information for the five state
15-2 fiscal years following submission of the plan.
15-3 (d) In a region in which one or more emergency communication
15-4 districts exist, if a district chooses to participate in the
15-5 regional plan, the district shall assist in the development of the
15-6 regional plan.
15-7 (e) For each state fiscal biennium, the commission shall
15-8 prepare a strategic plan for statewide 9-1-1 service for the
15-9 following five state fiscal years using information from the
15-10 strategic information contained in the regional plans. The
15-11 commission shall present the strategic plan to the governor and the
15-12 Legislative Budget Board, together with the commission's
15-13 legislative appropriations request. The strategic plan must:
15-14 (1) provide a strategic direction for emergency
15-15 communications services in this state;
15-16 (2) establish goals and objectives relating to
15-17 emergency communications in this state;
15-18 (3) provide long-range policy guidelines for emergency
15-19 communications in this state;
15-20 (4) identify major issues relating to improving
15-21 emergency communications in this state; and
15-22 (5) identify priorities for this state's emergency
15-23 communications system.
15-24 SECTION 17. Section 771.056, Health and Safety Code, is
15-25 amended to read as follows:
15-26 Sec. 771.056. SUBMISSION OF REGIONAL PLAN TO COMMISSION.
15-27 (a) The regional planning commission shall submit a regional plan,
16-1 or an amendment to the plan, to the [advisory] commission for
16-2 approval or disapproval.
16-3 (b) In making its determination, the [advisory] commission
16-4 shall consider whether the plan or amendment satisfies the
16-5 standards established by the [advisory] commission under this
16-6 chapter, the cost and effectiveness of the plan or amendment, and
16-7 the appropriateness of the plan or amendment in the establishment
16-8 of statewide 9-1-1 service.
16-9 (c) The commission shall notify a regional planning
16-10 commission of the approval or disapproval of the plan or amendment
16-11 not later than the 90th day after the date the commission receives
16-12 an administratively complete plan or amendment. If the [advisory]
16-13 commission disapproves the plan, it shall specify the reasons for
16-14 disapproval and set a deadline for submission of a modified plan.
16-15 (d) If the [advisory] commission approves the plan, it shall
16-16 allocate to the region from the money collected under Sections
16-17 771.071, 771.0711, and [Section] 771.072 and appropriated to the
16-18 commission the amount that the [advisory] commission considers
16-19 appropriate to operate 9-1-1 service in the region according to the
16-20 plan and contracts executed under Section 771.078.
16-21 SECTION 18. Section 771.057, Health and Safety Code, is
16-22 amended to read as follows:
16-23 Sec. 771.057. AMENDMENT OF PLAN. A regional plan may be
16-24 amended according to the procedure determined by the [advisory]
16-25 commission.
16-26 SECTION 19. Section 771.058(b), Health and Safety Code, is
16-27 amended to read as follows:
17-1 (b) On approval by the [advisory] commission, an emergency
17-2 communication district may choose to participate in the regional
17-3 plan applicable to the regional planning commission region in which
17-4 the district is located. An emergency communication district
17-5 described by Section 771.001(3)(A) [771.001(2)(A)] may choose to
17-6 participate in the regional plan by resolution of its governing
17-7 body or by adoption of an ordinance. An emergency communication
17-8 district described by Section 771.001(3)(B) [771.001(2)(B)] may
17-9 choose to participate in the regional plan by order of the
17-10 district's board after a public hearing held in the manner required
17-11 for a public hearing on the continuation of the district under the
17-12 law governing the district. Following the adoption of the
17-13 resolution, ordinance, or order and approval by the [advisory]
17-14 commission, the regional planning commission shall amend the
17-15 regional plan to take into account the participation of the
17-16 emergency communication district.
17-17 SECTION 20. Section 771.061(b), Health and Safety Code, is
17-18 amended to read as follows:
17-19 (b) Information that a service provider of
17-20 telecommunications service furnishes to the [advisory] commission[,
17-21 a regional planning commission,] or an emergency communication
17-22 district to verify or audit emergency service fees or surcharge
17-23 remittances and that includes access line or market share
17-24 information of an individual service provider is confidential and
17-25 not available for public inspection.
17-26 SECTION 21. Section 771.062, Health and Safety Code, is
17-27 amended to read as follows:
18-1 Sec. 771.062. LOCAL ADOPTION OF STATE RULE. (a) An
18-2 emergency communication district may adopt any provision of this
18-3 chapter or any [advisory] commission rule. The [advisory]
18-4 commission may enforce a provision or rule adopted by an emergency
18-5 communication district under this section.
18-6 (b) The [advisory] commission shall maintain and update at
18-7 least annually a list of provisions or rules that have been adopted
18-8 by emergency communication districts under this section.
18-9 SECTION 22. Sections 771.071(a), (c), (e), and (f), Health
18-10 and Safety Code, are amended to read as follows:
18-11 (a) Except as otherwise provided by this subchapter, the
18-12 [advisory] commission may impose a 9-1-1 emergency service fee on
18-13 each local exchange access line or equivalent local exchange access
18-14 line, including lines of customers in an area served by an
18-15 emergency communication district participating in the applicable
18-16 regional plan. If a business service user provides residential
18-17 facilities, each line that terminates at a residential unit, and
18-18 that is a communication link equivalent to a residential local
18-19 exchange access line, shall be charged the 9-1-1 emergency service
18-20 fee. The fee may not be imposed on a line to coin-operated public
18-21 telephone equipment or to public telephone equipment operated by
18-22 coin or by card reader. For purposes of this section, the
18-23 [advisory] commission shall determine what constitutes an
18-24 equivalent local exchange access line.
18-25 (c) The [advisory] commission may set the fee in a different
18-26 amount in each regional planning commission region based on the
18-27 cost of providing 9-1-1 service to each region.
19-1 (e) A local exchange service provider shall collect the fees
19-2 imposed on its customers under this section. Not later than the
19-3 30th [60th] day after the last day of the month in which the fees
19-4 are collected, the local exchange service provider shall deliver
19-5 the fees to the [regional planning commission or other public
19-6 agency designated by the regional planning commission and located
19-7 in the area served by the regional planning] commission. The
19-8 commission shall deposit money from the fees to the credit of the
19-9 9-1-1 services fee fund.
19-10 (f) The [regional planning] commission [or designated public
19-11 agency] shall distribute money appropriated to the commission from
19-12 the 9-1-1 services fee fund to regional planning commissions for
19-13 use in providing 9-1-1 services as provided by contracts executed
19-14 under Section 771.078. The regional planning commissions shall
19-15 distribute the money to [the fees to the] public agencies [in the
19-16 county] for use in providing those services [9-1-1 service].
19-17 SECTION 23. Sections 771.0711(a), (b), (c), (e), (f), and
19-18 (g), Health and Safety Code, are amended to read as follows:
19-19 (a) To provide for automatic number identification and
19-20 automatic location identification of wireless 9-1-1 calls, the
19-21 [advisory] commission shall impose on each wireless
19-22 telecommunications connection a 9-1-1 emergency service fee. A
19-23 political subdivision may not impose another fee on a wireless
19-24 service provider or subscriber for 9-1-1 emergency service.
19-25 (b) A wireless service provider shall collect the fee in an
19-26 amount equal to 50 cents a month for each wireless
19-27 telecommunications connection from its subscribers and shall pay
20-1 the money collected to the [advisory] commission not later than the
20-2 30th day after the last day of the month during which the fees were
20-3 collected. The wireless service provider may retain an
20-4 administrative fee of one percent of the amount collected. Until
20-5 deposited to the credit of the 9-1-1 services fee fund as required
20-6 by Subsection (c), money [Money] the [advisory] commission collects
20-7 under this subsection [is from local fees and the money] remains
20-8 outside the state treasury.
20-9 (c) Money collected under Subsection (b) may be used only
20-10 for services related to 9-1-1 services, including automatic number
20-11 identification and automatic location information services. Within
20-12 15 days of the date of collection of the money, the [advisory]
20-13 commission shall distribute to each [regional planning commission
20-14 and] emergency communication district that does not participate in
20-15 the state system a portion of the money that bears the same
20-16 proportion to the total amount collected that the population of the
20-17 area served by the [commission or] district bears to the [total
20-18 combined] population of the state. The commission shall deposit
20-19 the remaining money collected under Subsection (b) to the 9-1-1
20-20 services fee fund [areas served by a commission or district].
20-21 (e) A member of the [advisory] commission, the governing
20-22 body of a public agency, or the General Services Commission is not
20-23 liable for any claim, damage, or loss arising from the provision of
20-24 wireless 9-1-1 service unless the act or omission causing the
20-25 claim, damage, or loss violates a statute or ordinance applicable
20-26 to the action.
20-27 (f) A wireless service provider is not required to take
21-1 legal action to enforce the collection of any wireless 9-1-1
21-2 service fee. The [advisory] commission may establish collection
21-3 procedures and recover the cost of collection from the subscriber
21-4 liable for the fee. The [advisory] commission may institute legal
21-5 proceedings to collect a fee and in those proceedings is entitled
21-6 to recover from the subscriber court costs, attorney's fees, and
21-7 interest on the amount delinquent. The interest is computed at an
21-8 annual rate of 12 percent beginning on the date the fee becomes
21-9 due.
21-10 (g) On receipt of an invoice from a wireless service
21-11 provider for reasonable expenses for network facilities, including
21-12 equipment, installation, maintenance, and associated implementation
21-13 costs, the [advisory] commission or an emergency services district
21-14 of a home-rule municipality or an emergency communication district
21-15 created under Chapter 772 shall reimburse the wireless service
21-16 provider in accordance with state law for all expenses related to
21-17 9-1-1 service.
21-18 SECTION 24. Sections 771.072(a), (c), and (f), Health and
21-19 Safety Code, are amended to read as follows:
21-20 (a) In addition to the fee imposed under Section 771.071,
21-21 the [advisory] commission shall impose a 9-1-1 equalization
21-22 surcharge on each customer receiving intrastate long-distance
21-23 service, including customers in an area served by an emergency
21-24 communication district, even if the district is not participating
21-25 in the regional plan.
21-26 (c) Except as provided by Section 771.073(f), an intrastate
21-27 long-distance service provider shall collect the surcharge imposed
22-1 on its customers under this section and shall deliver the
22-2 surcharges to the [advisory] commission not later than the 30th
22-3 [60th] day after the last day of the month in which the surcharges
22-4 are collected.
22-5 (f) The [advisory] commission shall deposit the surcharges
22-6 and any prior balances in an account in the general revenue fund in
22-7 the state treasury until they are allocated to regional planning
22-8 commissions and poison control centers in accordance with this
22-9 section. From that account, the amount necessary for the
22-10 commission to fund approved plans of regional planning commissions
22-11 and regional poison control centers and to carry out its duties
22-12 under this chapter shall be appropriated to the commission.
22-13 Section 403.095, Government Code, does [Sections 403.094 and
22-14 403.095, Government Code, do] not apply to the account established
22-15 by this subsection.
22-16 SECTION 25. Sections 771.0725(b), (c), and (d), Health and
22-17 Safety Code, are amended to read as follows:
22-18 (b) Each year the [advisory] commission shall provide
22-19 documentation to the Public Utility Commission of Texas regarding
22-20 the rate at which each fee should be imposed and the allocation of
22-21 revenue under Sections 771.072(d) and (e). The [advisory]
22-22 commission may provide such documentation more often under this
22-23 subsection if the [advisory] commission determines that action is
22-24 necessary.
22-25 (c) The Public Utility Commission of Texas shall review the
22-26 documentation provided by the [advisory] commission as well as
22-27 allocations derived therefrom and also identified by the [advisory]
23-1 commission. If the Public Utility Commission of Texas determines
23-2 that a recommended rate or allocation is not appropriate, the
23-3 Public Utility Commission of Texas shall provide comments to the
23-4 [advisory] commission, the governor, and the Legislative Budget
23-5 Board regarding appropriate rates and the basis for that
23-6 determination.
23-7 (d) The Public Utility Commission of Texas may review and
23-8 make comments regarding a rate or allocation under this section in
23-9 an informal proceeding. A proceeding in which a rate or allocation
23-10 is reviewed is not a contested case for purposes of Chapter 2001,
23-11 Government Code. A review of a rate or allocation is not a rate
23-12 change for purposes of Chapter 36 or 53, Utilities Code [Subtitle
23-13 E, Title II, or Subtitle E, Title III, Public Utility Regulatory
23-14 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes)].
23-15 SECTION 26. Sections 771.073(b), (c), (e), (f), and (g),
23-16 Health and Safety Code, are amended to read as follows:
23-17 (b) A business service user that provides residential
23-18 facilities and owns or leases a private telephone switch used to
23-19 provide telephone service to facility residents shall collect the
23-20 9-1-1 emergency service fee and transmit the fees monthly to the
23-21 [regional planning commission or other entity designated by the]
23-22 commission [to collect the fee]. A business service user that does
23-23 not collect and remit the 9-1-1 emergency service fee as required
23-24 is subject to a civil cause of action. A court may award to the
23-25 commission court costs, attorney's fees, and interest on the amount
23-26 delinquent at an annual rate of 12 percent, to be paid by the
23-27 nonpaying business service user. A sworn affidavit by the
24-1 commission [entity that administers the 9-1-1 service] specifying
24-2 the unremitted fees is prima facie evidence that the fees were not
24-3 remitted and of the amount of the unremitted fees.
24-4 (c) The [advisory] commission[, the regional planning
24-5 commission, or a public agency designated by the regional planning
24-6 commission] may establish collection procedures and recover the
24-7 cost of collection from the customer liable for the fee or
24-8 surcharge. The [advisory] commission[, the regional planning
24-9 commission, or the designated public agency] may institute legal
24-10 proceedings to collect a fee or surcharge and in those proceedings
24-11 is entitled to recover from the customer court costs, attorney's
24-12 fees, and an interest on the amount delinquent. The interest is
24-13 computed at an annual rate of 12 percent beginning on the date the
24-14 fee or surcharge becomes due.
24-15 (e) A service provider collecting fees or surcharges under
24-16 this subchapter may retain as an administrative fee an amount equal
24-17 to one [two] percent of the total amount collected.
24-18 (f) The [advisory] commission may establish payment
24-19 schedules and minimum payment thresholds for fees and surcharges
24-20 imposed under this subchapter.
24-21 (g) A 9-1-1 service provider is responsible for correctly
24-22 billing and remitting applicable 9-1-1 fees, charges, and
24-23 equalization surcharges. Any 9-1-1 fees, charges, or equalization
24-24 surcharges erroneously billed to a subscriber by a 9-1-1 service
24-25 provider and erroneously remitted to the [advisory] commission[, a
24-26 regional planning commission,] or an emergency communication
24-27 district may not be recovered from the [advisory] commission[,
25-1 regional planning commission,] or emergency communication
25-2 district[,] unless the fees or charges were adjusted due to a
25-3 refund to the subscriber by the local exchange carrier or
25-4 interexchange carrier.
25-5 SECTION 27. Section 771.075, Health and Safety Code, is
25-6 amended to read as follows:
25-7 Sec. 771.075. USE OF REVENUE. Except as provided by Section
25-8 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
25-9 collected under this subchapter may be used only for planning,
25-10 development, provision, and enhancement of [enhancing] the
25-11 effectiveness of 9-1-1 service as approved by the [advisory]
25-12 commission.
25-13 SECTION 28. Sections 771.076(a), (b), and (d), Health and
25-14 Safety Code, are amended to read as follows:
25-15 (a) The [advisory] commission or an employee of the
25-16 commission may notify the comptroller of any irregularity that may
25-17 indicate that an audit of a service provider collecting a fee or
25-18 surcharge under this subchapter is warranted. The commission may
25-19 require at its own expense that an audit be conducted [of a service
25-20 provider collecting fees or surcharges under this subchapter or] of
25-21 a public agency receiving money under this chapter.
25-22 (b) If the comptroller conducts an audit of a service
25-23 provider that collects and disburses fees or surcharges under this
25-24 subchapter, the comptroller shall [may] also audit those
25-25 collections and disbursements to determine if the provider is
25-26 complying with this chapter.
25-27 (d) [The audit of a service provider under Subsection (a)
26-1 must be limited to the collection and remittance of money collected
26-2 under this subchapter.] The audit of a public agency under
26-3 Subsection (a) or (c) must be limited to the collection,
26-4 remittance, and expenditure of money collected under this
26-5 subchapter.
26-6 SECTION 29. Section 771.077, Health and Safety Code, is
26-7 amended to read as follows:
26-8 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES [BY ADVISORY
26-9 COMMISSION]. (a) The comptroller by rule shall [advisory
26-10 commission may] establish collection procedures to collect past due
26-11 amounts and recover the costs of collection from a service provider
26-12 or business service user that fails to timely deliver[:]
26-13 [(1)] the fees and [to the regional planning
26-14 commission or other public agency designated by the regional
26-15 planning commission; or]
26-16 [(2)] the equalization surcharge to the [advisory]
26-17 commission.
26-18 (b) The comptroller by rule [advisory commission] shall
26-19 establish procedures to be used by the [a regional planning]
26-20 commission [or designated public agency] to notify the comptroller
26-21 [advisory commission] of a service provider's or business service
26-22 user's failure to timely deliver the fees or surcharges.
26-23 (c) In addition to amounts collected under Subsection (a),
26-24 after notice and an opportunity for a hearing, the comptroller
26-25 [advisory commission] may assess a late penalty against a service
26-26 provider who fails to timely deliver the fees or surcharges. The
26-27 late penalty is in an amount not to exceed $100 a day for each day
27-1 that the fees or surcharges are late.
27-2 (d) The comptroller [advisory commission] shall deposit
27-3 amounts received as costs of collection in the general revenue
27-4 fund.
27-5 (e) The comptroller shall:
27-6 (1) remit to the commission money collected under this
27-7 section for fees provided by Section 771.0711 and associated late
27-8 penalties;
27-9 (2) deposit to the 9-1-1 services fee fund any money
27-10 collected under this section for fees provided by Section 771.071
27-11 and associated late penalties; and
27-12 (3) deposit to the account as authorized by Section
27-13 771.072 any money collected under this section for fees provided by
27-14 Section 771.072 and associated late penalties.
27-15 (f) The commission shall:
27-16 (1) deposit or distribute the money remitted under
27-17 Subsection (e)(1) as Section 771.0711 provides for fees received
27-18 under that section; and
27-19 (2) distribute the money remitted under Subsection
27-20 (e)(2) and appropriated to the commission under contracts as
27-21 provided by Section 771.078(b)(1). [Fees and any associated late
27-22 penalties collected under this section shall be delivered to the
27-23 appropriate regional planning commission or other designated public
27-24 agency as provided by Section 771.071(e), and surcharges and any
27-25 associated late penalties shall be deposited as provided by Section
27-26 771.072(f).]
27-27 SECTION 30. Subchapter D, Chapter 771, Health and Safety
28-1 Code, is amended by adding Section 771.078 to read as follows:
28-2 Sec. 771.078. CONTRACTS FOR SERVICES. (a) The commission
28-3 shall contract with regional planning commissions for the provision
28-4 of 9-1-1 service. The commission by rule shall adopt standard
28-5 provisions for the contracts.
28-6 (b) In making contracts under this section, the commission
28-7 shall ensure that each regional planning commission receives money
28-8 for 9-1-1 service in two separately computed amounts as provided by
28-9 this subsection. The commission must provide each regional
28-10 planning commission with:
28-11 (1) the region's share of the emergency service fees
28-12 collected in the region under Section 771.071 that is deposited in
28-13 the treasury and appropriated to the commission; and
28-14 (2) an amount of money equal to the total of the
28-15 revenue from the emergency service fee for wireless
28-16 telecommunications connections under Section 771.0711 that is
28-17 deposited in the treasury and appropriated to the commission
28-18 multiplied by a fraction, the numerator of which is the population
28-19 of the region and the denominator of which is the population of
28-20 this state.
28-21 (c) Contracts under this section must provide for:
28-22 (1) the collection of efficiency data on the operation
28-23 of 9-1-1 answering points;
28-24 (2) standards for the use of answering points and the
28-25 creation of new answering points;
28-26 (3) quarterly disbursements of money due under the
28-27 contract, except as provided by Subdivision (4);
29-1 (4) the commission to withhold disbursement to a
29-2 regional planning commission that does not follow a standard
29-3 imposed by the contract, a commission rule, or a statute; and
29-4 (5) a means for the commission to give an advance on a
29-5 quarterly distribution under the contract to a regional planning
29-6 commission that has a financial emergency.
29-7 (d) The commission may allocate surcharges under Section
29-8 771.072(d) by means of a contract under this section.
29-9 SECTION 31. Subchapter D, Chapter 771, Health and Safety
29-10 Code, is amended by adding Section 771.079 to read as follows:
29-11 Sec. 771.079. 9-1-1 SERVICES FEE FUND. (a) The 9-1-1
29-12 services fee fund is an account in the general revenue fund.
29-13 (b) The account consists of:
29-14 (1) fees deposited in the fund as provided by Sections
29-15 771.071 and 771.0711; and
29-16 (2) notwithstanding Section 404.071, Government Code,
29-17 all interest attributable to money held in the account.
29-18 (c) Money in the account may be appropriated only to the
29-19 commission for planning, development, provision, or enhancement of
29-20 the effectiveness of 9-1-1 service or for contracts with regional
29-21 planning commissions for 9-1-1 service.
29-22 (d) Section 403.095, Government Code, does not apply to the
29-23 account.
29-24 SECTION 32. (a) The terms of the appointed members of the
29-25 Advisory Commission on State Emergency Communications expire on the
29-26 effective date of this Act. The members shall serve until a
29-27 majority of the successor commission is appointed as provided by
30-1 Section 771.031, Health and Safety Code, as amended by this Act,
30-2 and has qualified.
30-3 (b) The governor, the lieutenant governor, and the speaker
30-4 of the house of representatives shall appoint members of the
30-5 Commission on State Emergency Communications as soon after the
30-6 effective date of this Act as is practicable.
30-7 (c) The changes in law made by this Act regarding the
30-8 appointment or qualifications of an appointed member of the
30-9 Commission on State Emergency Communications apply only to a member
30-10 appointed on or after the effective date of this Act. The
30-11 appointment and qualifications of an appointed member of the
30-12 Advisory Commission on State Emergency Communications are governed
30-13 by the law as it existed immediately before the effective date of
30-14 this Act, and the former law is continued in effect for that
30-15 purpose.
30-16 SECTION 33. The change in the name of the Advisory
30-17 Commission on State Emergency Communications as provided by this
30-18 Act does not affect the validity of any action taken by the
30-19 commission before, on, or after the effective date of this Act. A
30-20 reference in law to the Advisory Commission on State Emergency
30-21 Communications means the Commission on State Emergency
30-22 Communications.
30-23 SECTION 34. (a) The changes in law made by this Act
30-24 regarding the date of payment of a fee or surcharge under Chapter
30-25 771, Health and Safety Code, as amended by this Act, apply only to
30-26 a fee or surcharge collected on or after the effective date of this
30-27 Act. A fee or surcharge that is collected before the effective
31-1 date of this Act is due on the date the payment would have been due
31-2 under the law as it existed immediately before the effective date
31-3 of this Act, and the former law is continued in effect for that
31-4 purpose.
31-5 (b) The changes in law made by this Act regarding the
31-6 collection of fees, surcharges, or associated penalties apply only
31-7 to an action taken on or after the effective date of this Act. The
31-8 collection of a fee, surcharge, or associated penalty for which an
31-9 action was initiated before the effective date of this Act is
31-10 governed by the law as it existed immediately before the effective
31-11 date of this Act, and the former law is continued in effect for
31-12 that purpose.
31-13 (c) The changes in law made by this Act regarding the
31-14 disposition of a fee, surcharge, or associated penalty collected
31-15 under Chapter 771, Health and Safety Code, as amended by this Act,
31-16 and the amount a service provider may retain as an administrative
31-17 fee apply only to a fee, surcharge, or penalty collected on or
31-18 after the effective date of this Act. The disposition of a fee,
31-19 surcharge, or associated penalty that was collected before the
31-20 effective date of this Act and the amount a service provider may
31-21 retain as an administrative fee are governed by the law as it
31-22 existed immediately before the effective date of this Act, and the
31-23 former law is continued in existence for that purpose.
31-24 SECTION 35. This Act takes effect September 1, 1999.
31-25 SECTION 36. The importance of this legislation and the
31-26 crowded condition of the calendars in both houses create an
31-27 emergency and an imperative public necessity that the
32-1 constitutional rule requiring bills to be read on three several
32-2 days in each house be suspended, and this rule is hereby suspended.