1-1     By:  Duncan                                            S.B. No. 484
 1-2           (In the Senate - Filed February 11, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     April 6, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 6, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 484                   By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to defining a local exchange access line and an equivalent
1-11     local exchange access line for purposes of the imposition of 9-1-1
1-12     emergency services fees and the exclusion of certain telephone
1-13     lines used to provide Internet access.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Subchapter C, Chapter 771, Health and Safety
1-16     Code, is amended by adding Section 771.063 to read as follows:
1-17           Sec. 771.063.  DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND
1-18     EQUIVALENT LOCAL EXCHANGE ACCESS LINE.  (a)  The advisory
1-19     commission shall determine by rulemaking what constitutes a local
1-20     exchange access line and an equivalent local exchange access line
1-21     for all 9-1-1 emergency services fees imposed statewide.
1-22           (b)  By October 1, 1999, the advisory commission shall adopt
1-23     definitions of a local exchange access line and an equivalent local
1-24     exchange access line that exclude a line from a telecommunications
1-25     service provider to an Internet service provider for the Internet
1-26     service provider's data modem lines used only to provide its
1-27     Internet access service and that are not capable of transmitting
1-28     voice messages.
1-29           (c)  The advisory commission shall annually review the
1-30     definitions of a local exchange access line and an equivalent local
1-31     exchange access line to address technical and structural changes in
1-32     the provision of telecommunications and data services.  In that
1-33     annual review, the advisory commission may include previously
1-34     excluded Internet service provider data modem lines if it
1-35     determines that circumstances have changed sufficiently enough that
1-36     9-1-1 emergency calls through those lines are done on a regular
1-37     basis or that the data lines are voice-capable or that the lines
1-38     are functionally equivalent.
1-39           (d) An emergency communication district described by Section
1-40     771.001(3)(A) or (B) that has not participated in a regional plan
1-41     shall use the advisory commission's definitions of a local exchange
1-42     access line and an equivalent local exchange access line for
1-43     purposes of imposing its emergency service fees and may not impose
1-44     an emergency service fee on any line excluded from the advisory
1-45     commission's definitions.
1-46           (e)  A service provider shall collect and remit the emergency
1-47     service fees to the advisory commission or the appropriate
1-48     emergency communication district, as applicable, in accordance with
1-49     the advisory commission's definition of a local exchange access
1-50     line and an equivalent local exchange access line.
1-51           SECTION 2.  Subsection (a), Section 771.071, Health and
1-52     Safety Code, is amended to read as follows:
1-53           (a)  Except as otherwise provided by this subchapter, the
1-54     advisory commission may impose a 9-1-1 emergency service fee on
1-55     each local exchange access line or equivalent local exchange access
1-56     line, including lines of customers in an area served by an
1-57     emergency communication district participating in the applicable
1-58     regional plan.  If a business service user provides residential
1-59     facilities, each line that terminates at a residential unit, and
1-60     that is a communication link equivalent to a residential local
1-61     exchange access line, shall be charged the 9-1-1 emergency service
1-62     fee.  The fee may not be imposed on a line to coin-operated public
1-63     telephone equipment or to public telephone equipment operated by
1-64     coin or by card reader.  The fee may also not be imposed on any
 2-1     line that the advisory commission excluded from the definition of a
 2-2     local exchange access line or an equivalent local exchange access
 2-3     line pursuant to Section 771.063.  [For purposes of this section,
 2-4     the advisory commission shall determine what constitutes an
 2-5     equivalent local exchange access line.]
 2-6           SECTION 3.  Subsection (b), Section 772.114, Health and
 2-7     Safety Code, is amended to read as follows:
 2-8           (b)  The fee may be imposed only on the base rate charge or
 2-9     its equivalent, excluding charges for coin-operated telephone
2-10     equipment.  The fee may not be imposed on more than 100 local
2-11     exchange access lines or their equivalent for a single business
2-12     entity at a single location, unless the lines are used by residents
2-13     of the location.  The fee may also not be imposed on any line that
2-14     the Advisory Commission on State Emergency Communications excluded
2-15     from the definition of a local exchange access line or an
2-16     equivalent local exchange access line pursuant to Section 771.063.
2-17     If a business service user provides residential facilities, each
2-18     line that terminates at a residential unit and that is a
2-19     communication link equivalent to a residential local exchange
2-20     access line, shall be charged the 9-1-1 emergency service fee.  The
2-21     fee must have uniform application and must be imposed in each
2-22     participating jurisdiction.
2-23           SECTION 4.  Subsection (b), Section 772.214, Health and
2-24     Safety Code, is amended to read as follows:
2-25           (b)  The fee may be imposed only on the base rate charge or
2-26     its equivalent, excluding charges for coin-operated telephone
2-27     equipment.  The fee may not be imposed on more than 100 local
2-28     exchange access lines or their equivalent for a single business
2-29     entity at a single location, unless the lines are used by residents
2-30     of the location.  The fee may also not be imposed on any line that
2-31     the Advisory Commission on State Emergency Communications excluded
2-32     from the definition of a local exchange access line or an
2-33     equivalent local exchange access line pursuant to Section 771.063.
2-34     If a business service user provides residential facilities, each
2-35     line that terminates at a residential unit and that is a
2-36     communication link equivalent to a residential local exchange
2-37     access line shall be charged the 9-1-1 emergency service fee.  The
2-38     fee must have uniform application and must be imposed in each
2-39     participating jurisdiction.
2-40           SECTION 5.  Subsection (b), Section 772.314, Health and
2-41     Safety Code, is amended to read as follows:
2-42           (b)  The fee may be imposed only on the base rate charge or
2-43     its equivalent, excluding charges for coin-operated telephone
2-44     equipment.  The fee may not be imposed on more than 100 local
2-45     exchange access lines or their equivalent for a single business
2-46     entity at a single location, unless the lines are used by residents
2-47     of the location.  The fee may also not be imposed on any line that
2-48     the Advisory Commission on State Emergency Communications excluded
2-49     from the definition of a local exchange access line or an
2-50     equivalent local exchange access line pursuant to Section 771.063.
2-51     If a business service user provides residential facilities, each
2-52     line that terminates at a residential unit and that is a
2-53     communication link equivalent to a residential local exchange
2-54     access line shall be charged the 9-1-1 emergency service fee.  The
2-55     fee must have uniform application and must be  imposed in each
2-56     participating jurisdiction.
2-57           SECTION 6.  Subsection (a), Section 772.403, Health and
2-58     Safety Code, is amended to read as follows:
2-59           (a)  A county to which this subchapter applies may implement
2-60     a system for providing 9-1-1 service in the unincorporated areas of
2-61     the county and may impose a service fee on local exchange telephone
2-62     service customers in the area served.  The fee may not be imposed
2-63     on any line that the Advisory Commission on State Emergency
2-64     Communications excluded from the definition of local exchange
2-65     access line or an equivalent local exchange access line pursuant to
2-66     Section 771.063.  If a business service user provides residential
2-67     facilities, each line that terminates at a residential unit and
2-68     that is a communication link equivalent to a residential local
2-69     exchange access line shall be charged the 9-1-1 emergency service
 3-1     fee.
 3-2           SECTION 7.  This Act takes effect immediately and applies to
 3-3     a fee imposed on or after the effective date of this Act.  A fee
 3-4     imposed before that date is governed by the law or rule in effect
 3-5     on that date, and that law or rule is continued in effect for that
 3-6     purpose.
 3-7           SECTION 8.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended,
3-12     and that this Act take effect and be in force from and after its
3-13     passage, and it is so enacted.
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