By: Duncan S.B. No. 484
A BILL TO BE ENTITLED
AN ACT
1-1 relating to defining a local exchange access line and an equivalent
1-2 local exchange access line for purposes of the imposition of 9-1-1
1-3 emergency services fees and the exclusion of certain telephone
1-4 lines used to provide Internet access.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 771, Health and Safety
1-7 Code, is amended by adding Section 771.063 to read as follows:
1-8 Sec. 771.063. DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND
1-9 EQUIVALENT LOCAL EXCHANGE ACCESS LINE. (a) The advisory
1-10 commission shall determine by rulemaking what constitutes a local
1-11 exchange access line and an equivalent local exchange access line
1-12 for all 9-1-1 emergency services fees imposed statewide.
1-13 (b) By October 1, 1999, the advisory commission shall adopt
1-14 definitions of a local exchange access line and an equivalent local
1-15 exchange access line that exclude a line from a telecommunications
1-16 service provider to an Internet service provider for the Internet
1-17 service provider's data modem lines used only to provide its
1-18 Internet access service and that are not capable of transmitting
1-19 voice messages.
1-20 (c) The advisory commission shall annually review the
1-21 definitions of a local exchange access line and an equivalent local
1-22 exchange access line to address technical and structural changes in
1-23 the provision of telecommunications and data services. In that
1-24 annual review, the advisory commission may include previously
2-1 excluded Internet service provider data modem lines if it
2-2 determines that circumstances have changed sufficiently enough that
2-3 9-1-1 emergency calls through those lines are done on a regular
2-4 basis or that the data lines are voice-capable or that the lines
2-5 are functionally equivalent.
2-6 (d) An emergency communication district described by Section
2-7 771.001(3)(A) or (B) that has not participated in a regional plan
2-8 shall use the advisory commission's definitions of a local exchange
2-9 access line and an equivalent local exchange access line for
2-10 purposes of imposing its emergency service fees and may not impose
2-11 an emergency service fee on any line excluded from the advisory
2-12 commission's definitions.
2-13 (e) A service provider shall collect and remit the emergency
2-14 service fees to the advisory commission or the appropriate
2-15 emergency communication district, as applicable, in accordance with
2-16 the advisory commission's definition of a local exchange access
2-17 line and an equivalent local exchange access line.
2-18 SECTION 2. Subsection (a), Section 771.071, Health and
2-19 Safety Code, is amended to read as follows:
2-20 (a) Except as otherwise provided by this subchapter, the
2-21 advisory commission may impose a 9-1-1 emergency service fee on
2-22 each local exchange access line or equivalent local exchange access
2-23 line, including lines of customers in an area served by an
2-24 emergency communication district participating in the applicable
2-25 regional plan. If a business service user provides residential
2-26 facilities, each line that terminates at a residential unit, and
3-1 that is a communication link equivalent to a residential local
3-2 exchange access line, shall be charged the 9-1-1 emergency service
3-3 fee. The fee may not be imposed on a line to coin-operated public
3-4 telephone equipment or to public telephone equipment operated by
3-5 coin or by card reader. The fee may also not be imposed on any
3-6 line that the advisory commission excluded from the definition of a
3-7 local exchange access line or an equivalent local exchange access
3-8 line pursuant to Section 771.063. [For purposes of this section,
3-9 the advisory commission shall determine what constitutes an
3-10 equivalent local exchange access line.]
3-11 SECTION 3. Subsection (b), Section 772.114, Health and
3-12 Safety Code, is amended to read as follows:
3-13 (b) The fee may be imposed only on the base rate charge or
3-14 its equivalent, excluding charges for coin-operated telephone
3-15 equipment. The fee may not be imposed on more than 100 local
3-16 exchange access lines or their equivalent for a single business
3-17 entity at a single location, unless the lines are used by residents
3-18 of the location. The fee may also not be imposed on any line that
3-19 the Advisory Commission on State Emergency Communications excluded
3-20 from the definition of a local exchange access line or an
3-21 equivalent local exchange access line pursuant to Section 771.063.
3-22 If a business service user provides residential facilities, each
3-23 line that terminates at a residential unit and that is a
3-24 communication link equivalent to a residential local exchange
3-25 access line, shall be charged the 9-1-1 emergency service fee. The
3-26 fee must have uniform application and must be imposed in each
4-1 participating jurisdiction.
4-2 SECTION 4. Subsection (b), Section 772.214, Health and
4-3 Safety Code, is amended to read as follows:
4-4 (b) The fee may be imposed only on the base rate charge or
4-5 its equivalent, excluding charges for coin-operated telephone
4-6 equipment. The fee may not be imposed on more than 100 local
4-7 exchange access lines or their equivalent for a single business
4-8 entity at a single location, unless the lines are used by residents
4-9 of the location. The fee may also not be imposed on any line that
4-10 the Advisory Commission on State Emergency Communications excluded
4-11 from the definition of a local exchange access line or an
4-12 equivalent local exchange access line pursuant to Section 771.063.
4-13 If a business service user provides residential facilities, each
4-14 line that terminates at a residential unit and that is a
4-15 communication link equivalent to a residential local exchange
4-16 access line shall be charged the 9-1-1 emergency service fee. The
4-17 fee must have uniform application and must be imposed in each
4-18 participating jurisdiction.
4-19 SECTION 5. Subsection (b), Section 772.314, Health and
4-20 Safety Code, is amended to read as follows:
4-21 (b) The fee may be imposed only on the base rate charge or
4-22 its equivalent, excluding charges for coin-operated telephone
4-23 equipment. The fee may not be imposed on more than 100 local
4-24 exchange access lines or their equivalent for a single business
4-25 entity at a single location, unless the lines are used by residents
4-26 of the location. The fee may also not be imposed on any line that
5-1 the Advisory Commission on State Emergency Communications excluded
5-2 from the definition of a local exchange access line or an
5-3 equivalent local exchange access line pursuant to Section 771.063.
5-4 If a business service user provides residential facilities, each
5-5 line that terminates at a residential unit and that is a
5-6 communication link equivalent to a residential local exchange
5-7 access line shall be charged the 9-1-1 emergency service fee. The
5-8 fee must have uniform application and must be imposed in each
5-9 participating jurisdiction.
5-10 SECTION 6. Subsection (a), Section 772.403, Health and
5-11 Safety Code, is amended to read as follows:
5-12 (a) A county to which this subchapter applies may implement
5-13 a system for providing 9-1-1 service in the unincorporated areas of
5-14 the county and may impose a service fee on local exchange telephone
5-15 service customers in the area served. The fee may not be imposed
5-16 on any line that the Advisory Commission on State Emergency
5-17 Communications excluded from the definition of a local exchange
5-18 access line or an equivalent local exchange access line pursuant to
5-19 Section 771.063. If a business service user provides residential
5-20 facilities, each line that terminates at a residential unit and
5-21 that is a communication link equivalent to a residential local
5-22 exchange access line shall be charged the 9-1-1 emergency service
5-23 fee.
5-24 SECTION 7. This Act takes effect immediately and applies to
5-25 a fee imposed on or after the effective date of this Act. A fee
5-26 imposed before that date is governed by the law or rule in effect
6-1 on that date, and that law or rule is continued in effect for that
6-2 purpose.
6-3 SECTION 8. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended,
6-8 and that this Act take effect and be in force from and after its
6-9 passage, and it is so enacted.