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.