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.