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.