By Duncan S.B. No. 484
76R5657 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of the 9-1-1 emergency service fee on
1-3 certain telephone lines used to provide Internet access.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 771.071(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) Except as otherwise provided by this subchapter, the
1-8 advisory commission may impose a 9-1-1 emergency service fee on
1-9 each local exchange access line or equivalent local exchange access
1-10 line, including lines of customers in an area served by an
1-11 emergency communication district participating in the applicable
1-12 regional plan. If a business service user provides residential
1-13 facilities, each line that terminates at a residential unit, and
1-14 that is a communication link equivalent to a residential local
1-15 exchange access line, shall be charged the 9-1-1 emergency service
1-16 fee. The fee may not be imposed on a line to coin-operated public
1-17 telephone equipment or to public telephone equipment operated by
1-18 coin or by card reader. In addition, the fee may not be imposed on
1-19 a line to or from an Internet service provider that is used only to
1-20 provide Internet access to customers of the provider and is not
1-21 capable of transmitting voice messages. For purposes of this
1-22 section, the advisory commission shall determine what constitutes
1-23 an equivalent local exchange access line.
1-24 SECTION 2. Section 772.114(b), Health and Safety Code, is
2-1 amended to read as follows:
2-2 (b) The fee may be imposed only on the base rate charge or
2-3 its equivalent, excluding charges for coin-operated telephone
2-4 equipment. The fee may not be imposed on more than 100 local
2-5 exchange access lines or their equivalent for a single business
2-6 entity at a single location, unless the lines are used by residents
2-7 of the location. In addition, the fee may not be imposed on a line
2-8 to or from an Internet service provider that is used only to
2-9 provide Internet access to customers of the provider and is not
2-10 capable of transmitting voice messages. If a business service user
2-11 provides residential facilities, each line that terminates at a
2-12 residential unit and that is a communication link equivalent to a
2-13 residential local exchange access line, shall be charged the 9-1-1
2-14 emergency service fee. The fee must have uniform application and
2-15 must be imposed in each participating jurisdiction.
2-16 SECTION 3. Section 772.214(b), Health and Safety Code, is
2-17 amended to read as follows:
2-18 (b) The fee may be imposed only on the base rate charge or
2-19 its equivalent, excluding charges for coin-operated telephone
2-20 equipment. The fee may not be imposed on more than 100 local
2-21 exchange access lines or their equivalent for a single business
2-22 entity at a single location, unless the lines are used by residents
2-23 of the location. In addition, the fee may not be imposed on a line
2-24 to or from an Internet service provider that is used only to
2-25 provide Internet access to customers of the provider and is not
2-26 capable of transmitting voice messages. If a business service user
2-27 provides residential facilities, each line that terminates at a
3-1 residential unit and that is a communication link equivalent to a
3-2 residential local exchange access line shall be charged the 9-1-1
3-3 emergency service fee. The fee must have uniform application and
3-4 must be imposed in each participating jurisdiction.
3-5 SECTION 4. Section 772.314(b), Health and Safety Code, is
3-6 amended to read as follows:
3-7 (b) The fee may be imposed only on the base rate charge or
3-8 its equivalent, excluding charges for coin-operated telephone
3-9 equipment. The fee may not be imposed on more than 100 local
3-10 exchange access lines or their equivalent for a single business
3-11 entity at a single location, unless the lines are used by residents
3-12 of the location. In addition, the fee may not be imposed on a line
3-13 to or from an Internet service provider that is used only to
3-14 provide Internet access to customers of the provider and is not
3-15 capable of transmitting voice messages. If a business service user
3-16 provides residential facilities, each line that terminates at a
3-17 residential unit and that is a communication link equivalent to a
3-18 residential local exchange access line shall be charged the 9-1-1
3-19 emergency service fee. The fee must have uniform application and
3-20 must be imposed in each participating jurisdiction.
3-21 SECTION 5. Section 772.403(a), Health and Safety Code, is
3-22 amended to read as follows:
3-23 (a) A county to which this subchapter applies may implement
3-24 a system for providing 9-1-1 service in the unincorporated areas of
3-25 the county and may impose a service fee on local exchange telephone
3-26 service customers in the area served. The fee may not be imposed on
3-27 a line to or from an Internet service provider that is used only to
4-1 provide Internet access to customers of the provider and is not
4-2 capable of transmitting voice messages. If a business service user
4-3 provides residential facilities, each line that terminates at a
4-4 residential unit and that is a communication link equivalent to a
4-5 residential local exchange access line shall be charged the 9-1-1
4-6 emergency service fee.
4-7 SECTION 6. This Act takes effect September 1, 1999, and
4-8 applies to a fee imposed on or after that date. A fee imposed
4-9 before that date is governed by the law in effect on that date, and
4-10 that law is continued in effect for that purpose.
4-11 SECTION 7. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.