By Madla S.B. No. 578
77R1129 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of emergency communication services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 771.001(3), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (3) "Emergency communication district" means:
1-7 (A) a public agency or group of public agencies
1-8 acting jointly that provided 9-1-1 service before September 1,
1-9 1987, or that had voted or contracted before that date to provide
1-10 that service; or
1-11 (B) a district created under Subchapter B, C, D,
1-12 [or] F, or G, Chapter 772.
1-13 SECTION 2. Section 771.031(d), Health and Safety Code, is
1-14 amended to read as follows:
1-15 (d) The governor shall appoint:
1-16 (1) one member who serves on the governing body of a
1-17 regional planning commission;
1-18 (2) one member who serves as a director of or is on
1-19 the governing body of an emergency communication district;
1-20 (3) one member who serves on the governing body of a
1-21 county;
1-22 (4) one member who serves on the governing body of an
1-23 emergency communications district formed under Subchapter G [a
1-24 home-rule municipality that operates a 9-1-1 system that is
2-1 independent of the state's system]; and
2-2 (5) one member as a representative of the general
2-3 public.
2-4 SECTION 3. Section 771.051(a), Health and Safety Code, is
2-5 amended to read as follows:
2-6 (a) The commission is the state's authority on emergency
2-7 communications. The commission shall:
2-8 (1) administer the implementation of statewide 9-1-1
2-9 service and the telecommunications requirements for poison control
2-10 centers under Chapter 777;
2-11 (2) develop minimum performance standards for
2-12 equipment and operation of 9-1-1 service to be followed in
2-13 developing regional plans under Section 771.055, including
2-14 requirements that the plans provide for:
2-15 (A) automatic number identification by which the
2-16 telephone number of the caller is automatically identified at the
2-17 public safety answering point receiving the call; and
2-18 (B) other features the commission considers
2-19 appropriate;
2-20 (3) examine and approve or disapprove regional plans
2-21 as provided by Section 771.056;
2-22 (4) recommend minimum training standards, assist in
2-23 training, and provide assistance in the establishment and operation
2-24 of 9-1-1 service;
2-25 (5) allocate money to prepare and operate regional
2-26 plans as provided by Section 771.056;
2-27 (6) develop and provide public education materials and
3-1 training;
3-2 (7) plan, implement, operate, and maintain poison
3-3 control center databases and assist in planning, supporting, and
3-4 facilitating 9-1-1 databases, as needed;
3-5 (8) provide grants or contracts for services that
3-6 enhance the effectiveness of 9-1-1 service;
3-7 (9) coordinate emergency communications services and
3-8 providers;
3-9 (10) make reasonable efforts to gain voluntary
3-10 cooperation in the commission's activities of emergency
3-11 communications authorities and providers outside the commission's
3-12 jurisdiction, including:
3-13 (A) making joint communications to state and
3-14 federal regulators; and
3-15 (B) arranging cooperative purchases of equipment
3-16 or services; [and]
3-17 (11) accept, receive, and deposit in its account in
3-18 the general revenue fund gifts, grants, and royalties from public
3-19 and private entities. Gifts, grants, and royalties may be used for
3-20 the purposes of the commission;
3-21 (12) contract for the purchase of equipment and
3-22 services used in the operation of a 9-1-1 service;
3-23 (13) develop and operate an emergency call box system
3-24 as provided under Subchapter E;
3-25 (14) develop standards for allowable expenses for
3-26 facilities, equipment, and personnel necessary to establish and
3-27 operate a public safety answering point and 9-1-1 system;
4-1 (15) develop and implement, where feasible, a wireless
4-2 Phase II service, as defined by the Federal Communications
4-3 Commission; and
4-4 (16) use the most current technology to ensure that
4-5 the 9-1-1 service has the most up-to-date network, database, and
4-6 equipment.
4-7 SECTION 4. Section 771.055(e), Health and Safety Code, is
4-8 amended to read as follows:
4-9 (e) For each state fiscal biennium, the commission shall
4-10 prepare a strategic plan for statewide 9-1-1 service for the
4-11 following five state fiscal years using information from the
4-12 strategic information contained in the regional plans and provided
4-13 by emergency communication districts [and home-rule municipalities
4-14 that operate 9-1-1 systems independent of the state system]. The
4-15 commission shall present the strategic plan to the governor and the
4-16 Legislative Budget Board, together with the commission's
4-17 legislative appropriations request. The strategic plan must:
4-18 (1) include a survey of the current performance,
4-19 efficiency, and degree of implementation of emergency
4-20 communications services throughout the whole state;
4-21 (2) provide an assessment of the progress made toward
4-22 meeting the goals and objectives of the previous strategic plan and
4-23 a summary of the total expenditures for emergency communications
4-24 services in this state;
4-25 (3) provide a strategic direction for emergency
4-26 communications services in this state;
4-27 (4) establish goals and objectives relating to
5-1 emergency communications in this state;
5-2 (5) provide long-range policy guidelines for emergency
5-3 communications in this state;
5-4 (6) identify major issues relating to improving
5-5 emergency communications in this state;
5-6 (7) identify priorities for this state's emergency
5-7 communications system; and
5-8 (8) detail the financial performance of each regional
5-9 planning commission in implementing emergency communications
5-10 service including an accounting of administrative expenses.
5-11 SECTION 5. Subchapter C, Chapter 771, Health and Safety Code,
5-12 is amended by adding Section 771.0585 to read as follows:
5-13 Sec. 771.0585. HOME-RULE MUNICIPALITIES. Notwithstanding
5-14 Section 771.058, a home-rule municipality that operates a 9-1-1
5-15 service shall:
5-16 (1) participate in the state administration of
5-17 emergency communications under this subchapter;
5-18 (2) become part of an emergency communication district
5-19 under Section 772.205 or 772.305; or
5-20 (3) elect to form an emergency communication district
5-21 under Subchapter G, Chapter 772.
5-22 SECTION 6. Sections 771.062(c) and (d), Health and Safety
5-23 Code, are amended to read as follows:
5-24 (c) An emergency communication district [or home-rule
5-25 municipality] that operates a 9-1-1 system independent of the state
5-26 system shall [may voluntarily] submit strategic planning
5-27 information to the commission for use in preparing the strategic
6-1 plan for statewide 9-1-1 service. This information as determined by
6-2 the commission shall[, if reported, may]:
6-3 (1) include a survey of the current performance,
6-4 efficiency, and degree of implementation of emergency
6-5 communications services;
6-6 (2) detail the progress made toward meeting the goals
6-7 and objectives of the previous strategic plan;
6-8 (3) describe the strategic direction, goals, and
6-9 objectives for emergency communications services;
6-10 (4) identify major issues, long-range policy
6-11 guidelines, and priorities relating to improving emergency
6-12 communications services; and
6-13 (5) detail the financial performance of each district
6-14 in implementing emergency communications services.
6-15 (d) The commission shall establish reasonable guidelines for
6-16 use by districts [and home-rule municipalities] in preparing
6-17 information for the strategic plan for statewide 9-1-1 services.
6-18 These guidelines shall include the time frames of information and
6-19 instructions for submission.
6-20 SECTION 7. Subchapter C, Chapter 771, Health and Safety Code,
6-21 is amended by adding Section 771.064 to read as follows:
6-22 Sec. 771.064. WITHDRAWAL FROM REGIONAL PLAN. Except as
6-23 provided by Section 771.058(d), a public agency that participates
6-24 in a regional plan may not withdraw from a regional plan without
6-25 the consent of the commission.
6-26 SECTION 8. Section 771.0711(g), Health and Safety Code, is
6-27 amended to read as follows:
7-1 (g) On receipt of an invoice from a wireless service
7-2 provider for reasonable expenses for network facilities, including
7-3 equipment, installation, maintenance, and associated implementation
7-4 costs, the commission [or an emergency services district of a
7-5 home-rule municipality] or an emergency communication district
7-6 created under Chapter 772 shall reimburse the wireless service
7-7 provider in accordance with state law for all expenses related to
7-8 9-1-1 service.
7-9 SECTION 9. Section 771.074, Health and Safety Code, is
7-10 amended to read as follows:
7-11 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
7-12 this subchapter[,] or Chapter 772[, or a home-rule municipality]
7-13 may not be imposed on or collected from the state.
7-14 SECTION 10. Section 771.075, Health and Safety Code, is
7-15 amended to read as follows:
7-16 Sec. 771.075. USE OF REVENUE. Except as provided by Section
7-17 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
7-18 collected under this subchapter may be used, as approved by the
7-19 commission, [only] for planning, designing, developing, and
7-20 providing 9-1-1 service, enhancing [development, provision, and
7-21 enhancement of] the effectiveness of 9-1-1 service, and providing
7-22 facilities, equipment, and personnel necessary to establish and
7-23 operate a public safety answering point and 9-1-1 system [as
7-24 approved by the commission].
7-25 SECTION 11. Chapter 771, Health and Safety Code, is amended
7-26 by adding Subchapter E to read as follows:
7-27 SUBCHAPTER E. EMERGENCY HIGHWAY TELEPHONE CALL BOX SYSTEM
8-1 Sec. 771.101. EMERGENCY HIGHWAY TELEPHONE CALL BOX SYSTEM.
8-2 (a) The commission, in cooperation with the Texas Department of
8-3 Transportation, shall establish a program to install, operate, and
8-4 maintain a system of telephone emergency call boxes along those
8-5 highways in this state that are numbered United States highways,
8-6 part of the national system of interstate and defense highways, or
8-7 numbered state highways, that is designed to enable users of those
8-8 highways to communicate with providers of emergency services.
8-9 (b) The commission may take any action to implement the
8-10 emergency call box program that the commission determines to be
8-11 necessary or advisable and may contract for any equipment or
8-12 service that is required to implement the communication system
8-13 under the program.
8-14 Sec. 771.102. SELECTION AND PLACEMENT. The commission, in
8-15 cooperation with the Texas Department of Transportation, shall
8-16 select or approve the telephone call boxes and other equipment and
8-17 the communication provider services that are necessary for the
8-18 system. The commission shall determine the placement and spacing
8-19 of the telephone call boxes. When the program has been fully
8-20 implemented, the distance between two call boxes should not be more
8-21 than two miles.
8-22 Sec. 771.103. COOPERATION. Each other agency of this state
8-23 and each county and municipality in this state shall cooperate with
8-24 the commission in the establishment, operation, and maintenance of
8-25 the emergency call box program.
8-26 Sec. 771.104. REPORTS. Not later than November 1 of each
8-27 year, the commission shall file with the lieutenant governor, the
9-1 speaker of the house of representatives, and the Legislative Budget
9-2 Board a report on the commission's activities under this subchapter
9-3 during the preceding fiscal year.
9-4 SECTION 12. Section 772.110(d), Health and Safety Code, is
9-5 amended to read as follows:
9-6 (d) The district shall recommend minimum standards at least
9-7 as stringent as commission standards for a 9-1-1 system. A 9-1-1
9-8 system in a district under this subchapter must be computerized.
9-9 SECTION 13. Section 772.117, Health and Safety Code, is
9-10 amended to read as follows:
9-11 Sec. 772.117. ALLOWABLE EXPENSES. Allowable operating
9-12 expenses of a district include all costs attributable to planning,
9-13 designing, developing, and providing 9-1-1 services, enhancing the
9-14 effectiveness of a 9-1-1 system, and providing [to] all facilities,
9-15 equipment, and personnel necessary to establish and operate a
9-16 public safety answering point and other related answering points
9-17 [that the board considers necessary].
9-18 SECTION 14. Section 772.210(d), Health and Safety Code, is
9-19 amended to read as follows:
9-20 (d) The district shall recommend minimum standards at least
9-21 as stringent as commission standards for a 9-1-1 system. A 9-1-1
9-22 system in a district created under this subchapter must be
9-23 computerized.
9-24 SECTION 15. Section 772.217, Health and Safety Code, is
9-25 amended to read as follows:
9-26 Sec. 772.217. ALLOWABLE EXPENSES. Allowable operating
9-27 expenses of a district include all costs attributable to planning,
10-1 designing, developing, and providing 9-1-1 services, enhancing the
10-2 effectiveness of a 9-1-1 system, and providing [to] all facilities,
10-3 equipment, and personnel necessary to establish and operate a
10-4 public safety answering point and other related answering points
10-5 [that the board considers necessary].
10-6 SECTION 16. Section 772.310(d), Health and Safety Code, is
10-7 amended to read as follows:
10-8 (d) The district shall recommend minimum standards at least
10-9 as stringent as commission standards for a 9-1-1 system.
10-10 SECTION 17. Section 772.317, Health and Safety Code, is
10-11 amended to read as follows:
10-12 Sec. 772.317. ALLOWABLE EXPENSES. Allowable operating
10-13 expenses of a district include all costs attributable to planning,
10-14 designing, developing, and providing 9-1-1 services, enhancing the
10-15 effectiveness of a 9-1-1 system, and providing [to] all facilities,
10-16 equipment, and personnel necessary to establish and operate a
10-17 public safety answering point and other related answering points
10-18 [that the board considers necessary].
10-19 SECTION 18. Section 772.403(c), Health and Safety Code, is
10-20 amended to read as follows:
10-21 (c) Revenue from the fee may be used [only] for [the]
10-22 planning, designing, developing, and providing 9-1-1 services,
10-23 enhancing the effectiveness [development, and provision] of 9-1-1
10-24 service, and providing facilities, equipment, and personnel
10-25 necessary to establish and operate a public safety answering point
10-26 and other related answering points.
10-27 SECTION 19. Chapter 772, Health and Safety Code, is amended
11-1 by adding Subchapter G to read as follows:
11-2 SUBCHAPTER G. EMERGENCY COMMUNICATION DISTRICTS:
11-3 HOME-RULE MUNICIPALITIES
11-4 Sec. 772.501. FORMATION OF DISTRICT. A home-rule
11-5 municipality may elect to form a district under this subchapter by
11-6 a resolution of its governing body or by adoption of an ordinance.
11-7 Sec. 772.502. DEFINITIONS. In this subchapter:
11-8 (1) "Board" means the board of managers of a district.
11-9 (2) "District" means a communication district created
11-10 under this subchapter.
11-11 Sec. 772.503. TERRITORY OF DISTRICT. (a) The territory of a
11-12 district consists of the territory of the municipality for which
11-13 the district is established.
11-14 (b) If the municipality that forms the district annexes
11-15 territory that is not part of the district, the annexed territory
11-16 becomes part of the district.
11-17 Sec. 772.504. BOARD OF MANAGERS. (a) The district is
11-18 governed by a board of managers consisting of:
11-19 (1) two members appointed by the governing body of the
11-20 municipality;
11-21 (2) two members appointed by the mayor of the
11-22 municipality;
11-23 (3) one member appointed by the fire department
11-24 operating in the municipality; and
11-25 (4) one member appointed by the principal service
11-26 supplier.
11-27 (b) The board member appointed by the principal service
12-1 supplier is a nonvoting member.
12-2 (c) Board members are appointed for staggered terms of two
12-3 years, with three members' terms expiring each year.
12-4 (d) A board member may be removed from office at will by the
12-5 entity that appointed the member.
12-6 (e) A vacancy on the board shall be filled for the remainder
12-7 of the term in the manner provided for the original appointment to
12-8 that position.
12-9 (f) Board members serve without compensation. The district
12-10 shall pay all expenses necessarily incurred by the board in
12-11 performing its functions under this subchapter.
12-12 (g) The board may appoint from among its membership a
12-13 presiding officer and any other officers it considers necessary.
12-14 (h) The director of the district or a board member may be
12-15 appointed as secretary of the board. The board shall require the
12-16 secretary to keep suitable records of all proceedings of each board
12-17 meeting. After each meeting the presiding officer or other member
12-18 presiding at the meeting shall read and sign the record and the
12-19 secretary shall attest the record.
12-20 (i) A majority of the voting members of the board
12-21 constitutes a quorum.
12-22 (j) Voting members of the board may meet in executive
12-23 session in accordance with Chapter 551, Government Code.
12-24 Sec. 772.505. POWERS AND DUTIES OF BOARD. (a) The board
12-25 shall name, control, and manage the district.
12-26 (b) The board may adopt rules for the operation of the
12-27 district.
13-1 (c) The board may contract with any public or private entity
13-2 to carry out the purposes of this subchapter, including the
13-3 operation of a 9-1-1 system.
13-4 Sec. 772.506. DIRECTOR OF DISTRICT. (a) The board shall
13-5 appoint a director of the district and shall establish the
13-6 director's compensation. The director must be qualified by
13-7 training and experience for the position.
13-8 (b) The board may remove the director at any time.
13-9 (c) With the board's approval, the director may employ any
13-10 experts, employees, or consultants that the board considers
13-11 necessary to carry out the purposes of this subchapter.
13-12 (d) The director shall perform all duties that the board
13-13 requires and shall supervise as general manager the operations of
13-14 the district subject to any limitations prescribed by the board.
13-15 Sec. 772.507. BUDGET; ANNUAL REPORT; AUDIT. (a) The
13-16 director shall prepare under the direction of the board an annual
13-17 budget for the district. To be effective, the budget must be
13-18 approved by the board and presented to and approved by the
13-19 governing body of the municipality. A revision of the budget must
13-20 be approved by the same entities in the same manner as the budget.
13-21 (b) As soon as practicable after the end of each district
13-22 fiscal year, the director shall prepare and present to the board
13-23 and to all participating public agencies in writing a sworn
13-24 statement of all money received by the district and how the money
13-25 was disbursed or otherwise disposed of during the preceding fiscal
13-26 year. The report must show in detail the operations of the
13-27 district for the period covered by the report.
14-1 (c) The board shall perform an independent financial audit
14-2 of the district annually.
14-3 Sec. 772.508. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A
14-4 district shall provide 9-1-1 service to the municipality through
14-5 one or a combination of the following methods and features or
14-6 equivalent state-of-the-art technology:
14-7 (1) the transfer method;
14-8 (2) the relay method;
14-9 (3) the dispatch method;
14-10 (4) automatic number identification;
14-11 (5) automatic location identification; or
14-12 (6) selective routing.
14-13 (b) The district shall design, implement, and operate a
14-14 9-1-1 system for the municipality.
14-15 (c) The district shall recommend minimum standards at least
14-16 as stringent as commission standards for a 9-1-1 system. A 9-1-1
14-17 system in a district under this subchapter must be computerized.
14-18 (d) 9-1-1 service is mandatory for each individual telephone
14-19 subscriber in the district and is not an optional service under any
14-20 definitions of terms relating to telephone service.
14-21 (e) A service supplier involved in providing 9-1-1 service,
14-22 a manufacturer of equipment used in providing 9-1-1 service, or an
14-23 officer or employee of a service supplier involved in providing
14-24 9-1-1 service is not liable for any claim, damage, or loss arising
14-25 from the provision of 9-1-1 service unless the act or omission
14-26 proximately causing the claim, damage, or loss constitutes gross
14-27 negligence, recklessness, or intentional misconduct.
15-1 Sec. 772.509. PRIMARY EMERGENCY TELEPHONE NUMBER. The digits
15-2 9-1-1 are the primary emergency telephone number in a district. A
15-3 public safety agency whose services are available through a 9-1-1
15-4 system may maintain a separate number or numbers for emergencies
15-5 and shall maintain a separate number or numbers for nonemergency
15-6 telephone calls.
15-7 Sec. 772.510. TRANSMITTING REQUESTS FOR EMERGENCY AID. (a)
15-8 A 9-1-1 system established under this subchapter must be capable of
15-9 transmitting requests for fire-fighting, law enforcement,
15-10 ambulance, and medical services to a public safety agency or
15-11 agencies that provide the requested service at the place from which
15-12 the call originates. A 9-1-1 system may also provide for
15-13 transmitting requests for other emergency services such as poison
15-14 control, suicide prevention, and civil defense.
15-15 (b) A public safety answering point may transmit emergency
15-16 response requests to private safety entities.
15-17 (c) With the consent of the board, a privately owned
15-18 automatic intrusion alarm or other privately owned automatic
15-19 alerting device may be installed to cause the number 9-1-1 to be
15-20 dialed in order to gain access to emergency services.
15-21 Sec. 772.511. POWERS OF DISTRICT. (a) The district is a
15-22 public body corporate and politic, exercising public and essential
15-23 governmental functions and having all the powers necessary or
15-24 convenient to carry out the purposes and provisions of this
15-25 subchapter, including the capacity to sue or be sued.
15-26 (b) To fund the district, the district may receive federal,
15-27 state, county, or municipal funds and private funds and may spend
16-1 those funds for the purpose of this subchapter. The board shall
16-2 determine the method and sources of funding for the district.
16-3 Sec. 772.512. 9-1-1 EMERGENCY SERVICE FEE. (a) The board
16-4 may impose a 9-1-1 emergency service fee on service users in the
16-5 district.
16-6 (b) The fee may be imposed only on the base rate charge or
16-7 its equivalent, excluding charges for coin-operated telephone
16-8 equipment. The fee may not be imposed on more than 100 local
16-9 exchange access lines or their equivalent for a single business
16-10 entity at a single location, unless the lines are used by residents
16-11 of the location. The fee may also not be imposed on any line that
16-12 the Commission on State Emergency Communications excluded from the
16-13 definition of a local exchange access line or an equivalent local
16-14 exchange access line under Section 771.063. If a business service
16-15 user provides residential facilities, each line that terminates at
16-16 a residential unit and that is a communication link equivalent to a
16-17 residential local exchange access line shall be charged the 9-1-1
16-18 emergency service fee. The fee must have uniform application.
16-19 (c) The rate of the fee may not exceed three percent of the
16-20 monthly base rate charged a service user by the principal service
16-21 supplier in the municipality.
16-22 (d) The board shall set the amount of the fee each year as
16-23 part of the annual budget. The board shall notify each service
16-24 supplier of a change in the amount of the fee not later than the
16-25 91st day before the date the change takes effect.
16-26 (e) In imposing the fee, the board shall attempt to match
16-27 the district's revenues to its operating expenditures and to
17-1 provide reasonable reserves for contingencies and for the purchase
17-2 and installation of 9-1-1 emergency service equipment. If the
17-3 revenue received from the fee exceeds the amount of money needed to
17-4 fund the district, the board by resolution shall reduce the rate of
17-5 the fee to an amount adequate to fund the district as required by
17-6 this subsection or suspend the imposition of the fee. If the board
17-7 suspends the imposition of the fee, the board by resolution may
17-8 reinstitute the fee if money received by the district is not
17-9 adequate to fund the district.
17-10 (f) The fee authorized to be charged in a district applies
17-11 to new territory added to the district under Section 772.503(b)
17-12 when the territory becomes part of the district.
17-13 Sec. 772.513. COLLECTION OF FEE. (a) Each billed service
17-14 user is liable for the fee imposed under Section 772.512 until the
17-15 fee is paid to the service supplier. The fee must be added to and
17-16 stated separately in the service user's bill from the service
17-17 supplier. The service supplier shall collect the fee at the same
17-18 time as the service charge to the service user in accordance with
17-19 the regular billing practice of the service supplier. A business
17-20 service user that provides residential facilities and owns or
17-21 leases a publicly or privately owned telephone switch used to
17-22 provide telephone service to facility residents shall collect the
17-23 9-1-1 emergency service fee and transmit the fees monthly to the
17-24 district.
17-25 (b) The amount collected by a service supplier from the fee
17-26 is due monthly. The service supplier shall remit the amount
17-27 collected in a calendar month to the district not later than the
18-1 60th day after the last day of the calendar month. With each
18-2 payment the service supplier shall file a return in a form
18-3 prescribed by the board.
18-4 (c) Both a service supplier and a business service user
18-5 under Subsection (a) shall maintain records of the amount of fees
18-6 it collects for at least two years after the date of collection.
18-7 The board may require at the board's expense an annual audit of a
18-8 service supplier's books and records or the books and records of a
18-9 business service user described by Subsection (a) with respect to
18-10 the collection and remittance of the fees.
18-11 (d) A business service user that does not collect and remit
18-12 the 9-1-1 emergency service fee as required is subject to a civil
18-13 cause of action under Subsection (g). A sworn affidavit by the
18-14 district specifying the unremitted fees is prima facie evidence
18-15 that the fees were not remitted and of the amount of the unremitted
18-16 fees.
18-17 (e) A service supplier is entitled to retain an
18-18 administrative fee from the amount of fees it collects. The amount
18-19 of the administrative fee is two percent of the amount of fees it
18-20 collects under this section.
18-21 (f) A service supplier is not required to take any legal
18-22 action to enforce the collection of the 9-1-1 emergency service
18-23 fee. However, the service supplier shall provide the district with
18-24 an annual certificate of delinquency that includes the amount of
18-25 all delinquent fees and the name and address of each nonpaying
18-26 service user. The certificate of delinquency is prima facie
18-27 evidence that a fee included in the certificate is delinquent. A
19-1 service user account is considered delinquent if the fee is not
19-2 paid to the service supplier before the 31st day after the payment
19-3 due date stated on the user's bill from the service supplier.
19-4 (g) The district may institute legal proceedings to collect
19-5 fees not paid and may establish internal collection procedures and
19-6 recover the cost of collection from the nonpaying service user. If
19-7 legal proceedings are established, the court may award the district
19-8 court costs, attorney's fees, and interest to be paid by the
19-9 nonpaying service user. A delinquent fee accrues interest at an
19-10 annual rate of 12 percent beginning on the date the payment becomes
19-11 due.
19-12 Sec. 772.514. DISTRICT DEPOSITORY. (a) The board shall
19-13 select a depository for the district in the manner provided by law
19-14 for the selection of a municipal depository.
19-15 (b) A depository selected by the board is the district's
19-16 depository for two years after the date of its selection and until
19-17 a successor depository is selected and qualified.
19-18 Sec. 772.515. ALLOWABLE EXPENSES. Allowable operating
19-19 expenses of a district include all costs attributable to planning,
19-20 designing, developing, and providing 9-1-1 services, enhancing the
19-21 effectiveness of a 9-1-1 system, and providing all facilities,
19-22 equipment, and personnel necessary to establish and operate a
19-23 public safety answering point and other related answering points.
19-24 Sec. 772.516. NUMBER AND LOCATION IDENTIFICATION. (a) As
19-25 part of computerized 9-1-1 service, a service supplier shall
19-26 furnish for each call the telephone number of the subscribers and
19-27 the address associated with the number.
20-1 (b) A business service user that provides residential
20-2 facilities and owns or leases a publicly or privately owned
20-3 telephone switch used to provide telephone service to facility
20-4 residents shall provide to those residential end users the same
20-5 level of 9-1-1 service that a service supplier is required to
20-6 provide under Subsection (a) to other residential end users in the
20-7 district.
20-8 (c) Information furnished under this section is confidential
20-9 and is not available for public inspection.
20-10 (d) A service supplier or a business service user under
20-11 Subsection (b) is not liable to a person who uses a 9-1-1 system
20-12 created under this subchapter for the release to the district of
20-13 the information specified in Subsections (a) and (b).
20-14 Sec. 772.517. PUBLIC REVIEW. (a) Periodically, the board
20-15 shall solicit public comments and hold a public review hearing on
20-16 the continuation of the district and the 9-1-1 emergency service
20-17 fee. The first hearing shall be held three years after the date
20-18 the order certifying the creation of the district is filed with the
20-19 county clerk. Subsequent hearings shall be held three years after
20-20 the date each order required by Subsection (d) is adopted.
20-21 (b) The board shall publish notice of the time and place of
20-22 the hearing once a week for two consecutive weeks in a daily
20-23 newspaper of general circulation published in the district. The
20-24 first notice must be published not later than the 16th day before
20-25 the date set for the hearing.
20-26 (c) At the hearing, the board shall also solicit comments on
20-27 the participation of the district in the applicable regional plan
21-1 for 9-1-1 service under Chapter 771. After the hearing, the board
21-2 may choose to participate in the regional plan as provided by that
21-3 chapter.
21-4 (d) After the hearing, the board shall adopt an order on the
21-5 continuation or dissolution of the district and the 9-1-1 emergency
21-6 service fee.
21-7 Sec. 772.518. DISSOLUTION PROCEDURES. (a) If a district is
21-8 dissolved, 9-1-1 service must be discontinued on the date of the
21-9 dissolution. The governing body of the municipality shall assume
21-10 the assets of the district and pay the district's debts. If the
21-11 district's assets are insufficient to retire all existing debts of
21-12 the district on the date of dissolution, the governing body of the
21-13 municipality shall continue to impose the 9-1-1 service fee, and
21-14 each service supplier shall continue to collect the fee for the
21-15 governing body of the municipality. Proceeds from the imposition
21-16 of the fee by the municipality after dissolution of the district
21-17 may be used only to retire the outstanding debts of the district.
21-18 (b) The governing body of the municipality shall retire the
21-19 district's debts to the extent practicable according to the terms
21-20 of the instruments creating the debts and the terms of the orders
21-21 and resolutions authorizing creation of the debts.
21-22 (c) If the district is dissolved, the municipality shall:
21-23 (1) choose to participate in the state administration
21-24 of emergency communications under Chapter 771; or
21-25 (2) become part of an emergency communication district
21-26 under Section 772.205 or 772.305.
21-27 (d) The governing body of the municipality by order may
22-1 adopt the rules necessary to administer this section.
22-2 Sec. 772.519. ISSUANCE OF BONDS. The board may issue and
22-3 sell bonds in the name of the district to finance:
22-4 (1) the acquisition by any method of facilities,
22-5 equipment, or supplies necessary for the district to begin
22-6 providing 9-1-1 service; or
22-7 (2) the installation of equipment necessary for the
22-8 district to provide 9-1-1 service.
22-9 Sec. 772.520. REPAYMENT OF BONDS. The board may provide for
22-10 the payment of principal of and interest on the bonds by pledging
22-11 all or any part of the district's revenues from the 9-1-1 emergency
22-12 service fee or from other sources.
22-13 Sec. 772.521. ADDITIONAL SECURITY FOR BONDS. (a) The bonds
22-14 may be additionally secured by a deed of trust or mortgage lien on
22-15 part or all of the physical properties of the district and rights
22-16 appurtenant to those properties, vesting in the trustee power to
22-17 sell the properties for payment of the indebtedness, power to
22-18 operate the properties, and all other powers necessary for the
22-19 further security of the bonds.
22-20 (b) The trust indenture, regardless of the existence of the
22-21 deed of trust or mortgage lien on the properties, may contain
22-22 provisions prescribed by the board for the security of the bonds
22-23 and the preservation of the trust estate, may make provisions for
22-24 amendment or modification, and may make provisions for investment
22-25 of funds of the district.
22-26 (c) A purchaser under a sale under the deed of trust or
22-27 mortgage lien is the absolute owner of the properties and rights
23-1 purchased and may maintain and operate them.
23-2 Sec. 772.522. TAX STATUS OF BONDS. Because a district
23-3 created under this subchapter is a public entity performing an
23-4 essential public function, bonds issued by the district, any
23-5 transaction relating to the bonds, and profits made in the sale of
23-6 the bonds are exempt from taxation by the state or by any
23-7 municipality, county, special district, or other political
23-8 subdivision of the state.
23-9 SECTION 20. Subchapter D, Chapter 502, Transportation Code,
23-10 is amended by adding Section 502.1706 to read as follows:
23-11 Sec. 502.1706. ADDITIONAL FEE FOR EMERGENCY HIGHWAY
23-12 TELEPHONE CALL BOX SYSTEM. (a) Except as provided by Subsection
23-13 (b), a fee of $1 shall be collected, in addition to other fees
23-14 collected under this chapter, for a license plate or set of license
23-15 plates, or other device used as a registration insignia.
23-16 (b) Subsection (a) does not apply to a vehicle that is owned
23-17 by and used exclusively in the service of the United States, this
23-18 state, or a county or municipality of this state.
23-19 (c) The county tax collector shall send each fee collected
23-20 under this section to the comptroller before the 30th day after the
23-21 date it is collected.
23-22 (d) Money collected under this section shall be deposited to
23-23 the credit of the emergency highway telephone call box account.
23-24 The emergency highway telephone call box account is an account in
23-25 the general revenue fund that may be appropriated only for the
23-26 purpose of implementing or administering the emergency telephone
23-27 call box program established by the Commission on State Emergency
24-1 Communications under Subchapter E, Chapter 771, Health and Safety
24-2 Code.
24-3 SECTION 21. Chapter 226, Transportation Code, is repealed.
24-4 SECTION 22. Subchapter A, Chapter 52, Utilities Code, is
24-5 amended by adding Section 52.007 to read as follows:
24-6 Sec. 52.007. AUTHORITY TO ENSURE RELIABILITY OF EMERGENCY
24-7 COMMUNICATIONS SERVICES. The commission may:
24-8 (1) impose administrative penalties in accordance with
24-9 Chapter 15 on a telecommunications provider that:
24-10 (A) does not comply with applicable local,
24-11 state, or federal requirements regarding the provision of 9-1-1
24-12 emergency service; or
24-13 (B) unreasonably impedes another
24-14 telecommunications provider from complying with applicable local,
24-15 state, or federal requirements regarding the provision of 9-1-1
24-16 emergency service; and
24-17 (2) review or investigate 9-1-1 implementation or
24-18 interoperability disputes between telecommunications providers or
24-19 between telecommunications providers and local or state 9-1-1
24-20 authorities operating under Chapter 771 or Chapter 772, Health and
24-21 Safety Code, alleging noncompliance with applicable local, state,
24-22 or federal requirements regarding the provision of 9-1-1 emergency
24-23 service.
24-24 SECTION 23. (a) Not later than January 1, 2002, a home-rule
24-25 municipality must enter into a memorandum of understanding with the
24-26 Commission on State Emergency Communications detailing the
24-27 municipality's plan to comply with Section 771.0585, Health and
25-1 Safety Code, as added by this Act.
25-2 (b) Not later than January 1, 2003, a home-rule municipality
25-3 must comply with Section 771.0585, Health and Safety Code, as added
25-4 by this Act by:
25-5 (1) joining the state administration of emergency
25-6 communications under Chapter 771, Health and Safety Code;
25-7 (2) joining an existing emergency communications
25-8 district under Chapter 772, Health and Safety Code; or
25-9 (3) forming its own district under Subchapter G,
25-10 Chapter 772, Health and Safety Code, as added by this Act.
25-11 SECTION 24. Not later than September 1, 2007, the Commission
25-12 on State Emergency Communications shall implement wireless Phase II
25-13 service to comply with Section 771.051(a)(15), Health and Safety
25-14 Code, as added by this Act.
25-15 SECTION 25. (a) On September 1, 2001:
25-16 (1) all of the rights, powers, duties, functions,
25-17 programs, and activities assigned to the Texas Department of
25-18 Transportation or to the department's officers or employees by
25-19 Chapter 226, Transportation Code, are transferred to the Commission
25-20 on State Emergency Communications; and
25-21 (2) all funds, obligations, contracts, property, and
25-22 records of the department relating to the emergency call box system
25-23 under Chapter 226, Transportation Code, are transferred to the
25-24 commission.
25-25 (b) A rule or form adopted by the department that relates to
25-26 the emergency call box system under Chapter 226, Transportation
25-27 Code, is a rule or form of the commission and remains in effect
26-1 until altered by the commission. The secretary of state is
26-2 authorized to adopt rules as necessary to expedite the
26-3 implementation of this subsection.
26-4 (c) A reference in law to the Texas Department of
26-5 Transportation that relates to the emergency call box system means
26-6 the Commission on State Emergency Communications.
26-7 SECTION 26. (a) The transfer of powers, duties, functions,
26-8 programs, and activities under this Act does not affect or impair
26-9 any act done, any obligation, right, order, license, permit, rule,
26-10 criterion, standard, or requirement existing, any investigation
26-11 begun, or any penalty accrued under former law, and that law
26-12 remains in effect for any action concerning those matters.
26-13 (b) An action brought or proceeding commenced before the
26-14 effective date of this Act, including a contested case or a remand
26-15 of an action or proceeding by a reviewing court, is governed by the
26-16 law and rules applicable to the action or proceeding before the
26-17 effective date of this Act.
26-18 SECTION 27. (a) Except as provided by Subsection (b) of this
26-19 section, this Act takes effect September 1, 2001.
26-20 (b) Sections 2, 4, 8, and 9 of this Act take effect January
26-21 1, 2003.