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.