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.
3-14 * * * * *