By Junell H.B. No. 1574
77R5005 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolishment of the Commission on State Emergency
1-3 Communications and the transfer of its duties to the Public Utility
1-4 Commission of Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 771.001(1), (5), and (11), Health and
1-7 Safety Code, are amended to read as follows:
1-8 (1) "Commission" means the Public Utility Commission
1-9 of Texas [Commission on State Emergency Communications].
1-10 (5) "Local exchange service provider" means a
1-11 telecommunications carrier providing telecommunications service in
1-12 a local exchange service area under a certificate of public
1-13 convenience and necessity issued by the commission [Public Utility
1-14 Commission of Texas].
1-15 (11) "Business service" means a telecommunications
1-16 service classified as a business service under rules adopted by the
1-17 commission [Public Utility Commission of Texas] or under the
1-18 applicable tariffs of the principal service supplier.
1-19 SECTION 2. Section 771.063, Health and Safety Code, is
1-20 amended to read as follows:
1-21 Sec. 771.063. DEFINITION OF LOCAL EXCHANGE ACCESS LINE AND
1-22 EQUIVALENT LOCAL EXCHANGE ACCESS LINE. (a) The [advisory]
1-23 commission shall determine by rulemaking what constitutes a local
1-24 exchange access line and an equivalent local exchange access line
2-1 for all 9-1-1 emergency services fees imposed statewide.
2-2 (b) The [By October 1, 1999, the advisory] commission shall
2-3 adopt definitions of a local exchange access line and an equivalent
2-4 local exchange access line that exclude a line from a
2-5 telecommunications service provider to an Internet service provider
2-6 for the Internet service provider's data modem lines used only to
2-7 provide its Internet access service and that are not capable of
2-8 transmitting voice messages.
2-9 (c) The [advisory] commission shall annually review the
2-10 definitions of a local exchange access line and an equivalent local
2-11 exchange access line to address technical and structural changes in
2-12 the provision of telecommunications and data services. In that
2-13 annual review, the [advisory] commission may include previously
2-14 excluded Internet service provider data modem lines if it
2-15 determines that circumstances have changed sufficiently enough that
2-16 9-1-1 emergency calls through those lines are done on a regular
2-17 basis or that the data lines are voice-capable or that the lines
2-18 are functionally equivalent.
2-19 (d) An emergency communication district described by Section
2-20 771.001(3)(A) or (B) that has not participated in a regional plan
2-21 shall use the [advisory] commission's definitions of a local
2-22 exchange access line and an equivalent local exchange access line
2-23 for purposes of imposing its emergency service fees and may not
2-24 impose an emergency service fee on any line excluded from the
2-25 [advisory] commission's definitions.
2-26 (e) A service provider shall collect and remit the emergency
2-27 service fees to the [advisory] commission or the appropriate
3-1 emergency communication district, as applicable, in accordance with
3-2 the [advisory] commission's definition of a local exchange access
3-3 line and an equivalent local exchange access line.
3-4 SECTION 3. Section 771.076(c), Health and Safety Code, is
3-5 amended to read as follows:
3-6 (c) At the request of the commission [Public Utility
3-7 Commission of Texas], the state auditor may audit a regional
3-8 planning commission or other public agency designated by the
3-9 regional planning commission that receives money under this
3-10 subchapter.
3-11 SECTION 4. Section 772.114(b), Health and Safety Code, is
3-12 amended to read as follows:
3-13 (b) The fee may be imposed only on the base rate charge or
3-14 its equivalent, excluding charges for coin-operated telephone
3-15 equipment. The fee may not be imposed on more than 100 local
3-16 exchange access lines or their equivalent for a single business
3-17 entity at a single location, unless the lines are used by residents
3-18 of the location. The fee may also not be imposed on any line that
3-19 the Public Utility Commission of Texas [Advisory Commission on
3-20 State Emergency Communications] excluded from the definition of a
3-21 local exchange access line or an equivalent local exchange access
3-22 line pursuant to Section 771.063. If a business service user
3-23 provides residential facilities, each line that terminates at a
3-24 residential unit and that is a communication link equivalent to a
3-25 residential local exchange access line, shall be charged the 9-1-1
3-26 emergency service fee. The fee must have uniform application and
3-27 must be imposed in each participating jurisdiction.
4-1 SECTION 5. Section 772.214(b), Health and Safety Code, is
4-2 amended to read as follows:
4-3 (b) The fee may be imposed only on the base rate charge or
4-4 its equivalent, excluding charges for coin-operated telephone
4-5 equipment. The fee may not be imposed on more than 100 local
4-6 exchange access lines or their equivalent for a single business
4-7 entity at a single location, unless the lines are used by residents
4-8 of the location. The fee may also not be imposed on any line that
4-9 the Public Utility Commission of Texas [Advisory Commission on
4-10 State Emergency Communications] excluded from the definition of a
4-11 local exchange access line or an equivalent local exchange access
4-12 line pursuant to Section 771.063. If a business service user
4-13 provides residential facilities, each line that terminates at a
4-14 residential unit and that is a communication link equivalent to a
4-15 residential local exchange access line shall be charged the 9-1-1
4-16 emergency service fee. The fee must have uniform application and
4-17 must be imposed in each participating jurisdiction.
4-18 SECTION 6. Section 772.314(b), Health and Safety Code, is
4-19 amended to read as follows:
4-20 (b) The fee may be imposed only on the base rate charge or
4-21 its equivalent, excluding charges for coin-operated telephone
4-22 equipment. The fee may not be imposed on more than 100 local
4-23 exchange access lines or their equivalent for a single business
4-24 entity at a single location, unless the lines are used by residents
4-25 of the location. The fee may also not be imposed on any line that
4-26 the Public Utility Commission of Texas [Advisory Commission on
4-27 State Emergency Communications] excluded from the definition of a
5-1 local exchange access line or an equivalent local exchange access
5-2 line pursuant to Section 771.063. If a business service user
5-3 provides residential facilities, each line that terminates at a
5-4 residential unit and that is a communication link equivalent to a
5-5 residential local exchange access line shall be charged the 9-1-1
5-6 emergency service fee. The fee must have uniform application and
5-7 must be imposed in each participating jurisdiction.
5-8 SECTION 7. Section 772.403(a), Health and Safety Code, is
5-9 amended to read as follows:
5-10 (a) A county to which this subchapter applies may implement
5-11 a system for providing 9-1-1 service in the unincorporated areas of
5-12 the county and may impose a service fee on local exchange telephone
5-13 service customers in the area served. The fee may not be imposed
5-14 on any line that the Public Utility Commission of Texas [Advisory
5-15 Commission on State Emergency Communications] excluded from the
5-16 definition of a local exchange access line or an equivalent local
5-17 exchange access line pursuant to Section 771.063. If a business
5-18 service user provides residential facilities, each line that
5-19 terminates at a residential unit and that is a communication link
5-20 equivalent to a residential local exchange access line shall be
5-21 charged the 9-1-1 emergency service fee.
5-22 SECTION 8. Section 777.001(b), Health and Safety Code, is
5-23 amended to read as follows:
5-24 (b) The poison control centers shall coordinate poison
5-25 control activities within the designated health and human services
5-26 regions for the state. The Texas Department of Health and the
5-27 Public Utility Commission of Texas [Advisory Commission on State
6-1 Emergency Communications] shall jointly adopt rules designating the
6-2 region for each poison control center. The Texas Department of
6-3 Health and the Public Utility Commission of Texas [Advisory
6-4 Commission on State Emergency Communications] may jointly adopt
6-5 rules permitting poison control centers to provide services for
6-6 regions served by other poison control centers in this state as
6-7 necessary to maximize efficient use of resources and provide
6-8 appropriate services in each region.
6-9 SECTION 9. Section 777.008, Health and Safety Code, is
6-10 amended to read as follows:
6-11 Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating
6-12 committee on poison control shall advise the Texas Board of Health
6-13 and the Public Utility Commission of Texas [Advisory Commission on
6-14 State Emergency Communications].
6-15 (b) The committee is composed of one public member appointed
6-16 by the Texas Board of Health, one public member appointed by the
6-17 Public Utility Commission of Texas [Advisory Commission on State
6-18 Emergency Communications], and 13 members appointed by the chief
6-19 executive officer of each of the following entities:
6-20 (1) The University of Texas Medical Branch at
6-21 Galveston;
6-22 (2) the Dallas County Hospital District/North Texas
6-23 Poison Center;
6-24 (3) The University of Texas Health Science Center at
6-25 San Antonio;
6-26 (4) R. E. Thomason General Hospital, El Paso County
6-27 Hospital District;
7-1 (5) Northwest Texas Hospital, Amarillo Hospital
7-2 District;
7-3 (6) Scott and White Memorial Hospital, Temple, Texas;
7-4 (7) The University of Texas Southwestern Medical
7-5 Center at Dallas;
7-6 (8) The Texas A&M University Health Science Center;
7-7 (9) the Texas Tech University Health Sciences Center;
7-8 (10) the Texas Veterinary Medical Diagnostic
7-9 Laboratory;
7-10 (11) the Department of Agriculture;
7-11 (12) the Texas Department of Health; and
7-12 (13) the Public Utility Commission of Texas [Advisory
7-13 Commission on State Emergency Communications].
7-14 SECTION 10. Section 777.009, Health and Safety Code, is
7-15 amended to read as follows:
7-16 Sec. 777.009. FUNDING. (a) The Texas Department of Health
7-17 and the Public Utility Commission of Texas [Advisory Commission on
7-18 State Emergency Communications] shall establish a program to award
7-19 grants to fund the regional poison control centers.
7-20 (b) The Texas Board of Health and the Public Utility
7-21 Commission of Texas [Advisory Commission on State Emergency
7-22 Communications] shall jointly adopt rules to establish criteria for
7-23 awarding the grants. The rules must require the agencies to
7-24 consider:
7-25 (1) the need of the region based on population served
7-26 for poison control services and the extent to which the grant would
7-27 meet the identified need;
8-1 (2) the assurance of providing quality services;
8-2 (3) the availability of other funding sources;
8-3 (4) achieving or maintaining certification as a poison
8-4 control center with the American Association of Poison Control
8-5 Centers;
8-6 (5) maintenance of effort; and
8-7 (6) the development or existence of telecommunications
8-8 systems.
8-9 (c) The Texas Department of Health and the Public Utility
8-10 Commission of Texas [Advisory Commission on State Emergency
8-11 Communications] may approve grants according to their jointly
8-12 adopted rules. A grant awarded under this section is governed by
8-13 Chapter 783, Government Code, and the rules adopted under that
8-14 chapter.
8-15 (d) The Texas Department of Health and the Public Utility
8-16 Commission of Texas [Advisory Commission on State Emergency
8-17 Communications] may accept gifts or grants from any source for
8-18 purposes of this chapter.
8-19 SECTION 11. Sections 777.010(a) and (b), Health and Safety
8-20 Code, are amended to read as follows:
8-21 (a) On approval by and in coordination with the governor,
8-22 the Texas Department of Health and the Public Utility Commission of
8-23 Texas [Advisory Commission on State Emergency Communications] may
8-24 jointly enter into a contract for the provision of telephone
8-25 referral and information services or any program or service
8-26 described by Section 777.003 to any person, including:
8-27 (1) another state or a political subdivision of
9-1 another state; and
9-2 (2) another country or a political subdivision of
9-3 another country.
9-4 (b) The Texas Department of Health and the Public Utility
9-5 Commission of Texas [Advisory Commission on State Emergency
9-6 Communications] shall contract with one or more regional poison
9-7 control centers to provide the services required under a contract
9-8 entered into under Subsection (a). The department and the
9-9 commission may not enter into a contract under this subsection if,
9-10 in the opinion of the department and the commission, the regional
9-11 poison control center's performance of the contract would result in
9-12 a diminishment in the services provided in the region.
9-13 SECTION 12. Section 226.007, Transportation Code, is amended
9-14 to read as follows:
9-15 Sec. 226.007. INTERGOVERNMENTAL COOPERATION. The Public
9-16 Utility Commission of Texas [Advisory Commission on State Emergency
9-17 Communications], agencies of this state, and each county and
9-18 municipality in this state shall cooperate in the design,
9-19 establishment, operation, and maintenance of the emergency
9-20 telephone call box system.
9-21 SECTION 13. The following provisions of the Health and Safety
9-22 Code are repealed:
9-23 (1) Section 771.031;
9-24 (2) Section 771.0315;
9-25 (3) Section 771.0316;
9-26 (4) Section 771.032;
9-27 (5) Section 771.033;
10-1 (6) Section 771.034;
10-2 (7) Section 771.035;
10-3 (8) Section 771.036;
10-4 (9) Section 771.037;
10-5 (10) Section 771.038;
10-6 (11) Section 771.039;
10-7 (12) Section 771.051(d); and
10-8 (13) Section 771.0725.
10-9 SECTION 14. (a) The Commission on State Emergency
10-10 Communications is abolished.
10-11 (b) A reference in a law or rule to the Commission on State
10-12 Emergency Communications means the Public Utility Commission of
10-13 Texas.
10-14 (c) On the effective date of this Act:
10-15 (1) all powers, duties, functions, and activities of
10-16 the Commission on State Emergency Communications are transferred to
10-17 the Public Utility Commission of Texas;
10-18 (2) all employees of the Commission on State Emergency
10-19 Communications become employees of the Public Utility Commission of
10-20 Texas, to be assigned duties by the executive director of the
10-21 Public Utility Commission of Texas;
10-22 (3) all funds, obligations, and contracts of the
10-23 Commission on State Emergency Communications are transferred to the
10-24 Public Utility Commission of Texas;
10-25 (4) all property and records in the custody of the
10-26 Commission on State Emergency Communications and all funds
10-27 appropriated by the legislature for the benefit of the Commission
11-1 on State Emergency Communications are transferred to the Public
11-2 Utility Commission of Texas;
11-3 (5) a rule or form of the Commission on State
11-4 Emergency Communications is a rule or form of the Public Utility
11-5 Commission of Texas and remains in effect until altered by that
11-6 agency; and
11-7 (6) a complaint, investigation, or other proceeding
11-8 pending before the Commission on State Emergency Communications is
11-9 transferred without change of status to the Public Utility
11-10 Commission of Texas.
11-11 SECTION 15. This Act takes effect January 1, 2002.