1-1 By: Madla S.B. No. 578
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 13, 2001, rereferred to Committee on Business and
1-5 Commerce; March 26, 2001, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 4, Nays 2;
1-7 March 26, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 578 By: Lucio
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the provision of emergency communication services.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (3) and (7), Section 771.001, Health
1-14 and Safety Code, are amended to read as follows:
1-15 (3) "Emergency communication district" means:
1-16 (A) a public agency or group of public agencies
1-17 acting jointly that provided 9-1-1 service before September 1,
1-18 1987, or that had voted or contracted before that date to provide
1-19 that service; or
1-20 (B) a district created under Subchapter B, C, D,
1-21 [or] F, or G, Chapter 772.
1-22 (7) "Public agency" means the state, a municipality, a
1-23 county, an emergency communication district, [a regional planning
1-24 commission,] an appraisal district, or any other political
1-25 subdivision or district that provides, participates in the
1-26 provision of, or has authority to provide fire-fighting, law
1-27 enforcement, ambulance, medical, 9-1-1, or other emergency
1-28 services.
1-29 SECTION 2. Subsection (d), Section 771.031, Health and
1-30 Safety Code, is amended to read as follows:
1-31 (d) The governor shall appoint:
1-32 (1) [one member who serves on the governing body of a
1-33 regional planning commission;]
1-34 [(2)] one member who serves as a director of or is on
1-35 the governing body of an emergency communication district;
1-36 (2) two members [(3) one member] who serve [serves]
1-37 on the governing body of a county;
1-38 (3) [(4)] one member who serves on the governing body
1-39 of an emergency communications district formed under Subchapter G,
1-40 Chapter 772 [a home-rule municipality that operates a 9-1-1 system
1-41 that is independent of the state's system]; and
1-42 (4) [(5)] one member as a representative of the
1-43 general public.
1-44 SECTION 3. Subsection (a), Section 771.051, Health and
1-45 Safety Code, is amended to read as follows:
1-46 (a) The commission is the state's authority on emergency
1-47 communications. The commission shall:
1-48 (1) administer the implementation of statewide 9-1-1
1-49 service and the telecommunications requirements for poison control
1-50 centers under Chapter 777;
1-51 (2) develop minimum performance standards for
1-52 equipment and operation of 9-1-1 service [to be followed in
1-53 developing regional plans under Section 771.055], including
1-54 requirements that the plans provide for:
1-55 (A) automatic number identification by which the
1-56 telephone number of the caller is automatically identified at the
1-57 public safety answering point receiving the call; and
1-58 (B) other features the commission considers
1-59 appropriate;
1-60 (3) [examine and approve or disapprove regional plans
1-61 as provided by Section 771.056;]
1-62 [(4)] recommend minimum training standards, assist in
1-63 training, and provide assistance in the establishment and operation
1-64 of 9-1-1 service;
2-1 (4) [(5)] allocate money to prepare and operate an
2-2 integrated 9-1-1 system to public agencies providing 9-1-1 service
2-3 as defined under Section 771.001 [regional plans as provided by
2-4 Section 771.056];
2-5 (5) [(6)] develop and provide public education
2-6 materials and training;
2-7 (6) [(7)] plan, implement, operate, and maintain
2-8 poison control center databases and assist in planning, supporting,
2-9 and facilitating 9-1-1 databases, as needed;
2-10 (7) [(8)] provide grants or contracts for services
2-11 that enhance the effectiveness of 9-1-1 service;
2-12 (8) [(9)] coordinate emergency communications services
2-13 and providers;
2-14 (9) [(10)] make reasonable efforts to gain voluntary
2-15 cooperation in the commission's activities of emergency
2-16 communications authorities and providers outside the commission's
2-17 jurisdiction, including:
2-18 (A) making joint communications to state and
2-19 federal regulators; and
2-20 (B) arranging cooperative purchases of equipment
2-21 or services; [and]
2-22 (10) [(11)] accept, receive, and deposit in its
2-23 account in the general revenue fund gifts, grants, and royalties
2-24 from public and private entities. Gifts, grants, and royalties may
2-25 be used for the purposes of the commission;
2-26 (11) contract for the purchase of network, database,
2-27 equipment and services used in the operation of a 9-1-1 system;
2-28 (12) develop and operate an emergency call box system
2-29 as provided under Subchapter E consistent with the requirements set
2-30 forth in Chapters 2155, 2156, 2157, 2251, 2252, 2253, and 2254,
2-31 Government Code;
2-32 (13) develop standards for allowable expenses for
2-33 facilities, equipment, and personnel necessary to establish and
2-34 operate a public safety answering point and 9-1-1 system;
2-35 (14) complete the implementation of a wireless Phase I
2-36 service, as defined by the Federal Communications Commission, by
2-37 December 31, 2001;
2-38 (15) request and implement, where feasible, a wireless
2-39 Phase II service, as defined by the Federal Communications
2-40 Commission; and
2-41 (16) evaluate and implement, as the commission finds
2-42 appropriate, up-to-date network, database, equipment, and
2-43 technology for 9-1-1 service.
2-44 SECTION 4. Section 771.052, Health and Safety Code, is
2-45 amended to read as follows:
2-46 Sec. 771.052. AGENCY COOPERATION. Each public agency and
2-47 regional planning commission shall cooperate with the commission to
2-48 the fullest extent possible in implementing and operating an
2-49 effective and efficient locally based 9-1-1 system. Each public
2-50 agency operating within the commission's service area and regional
2-51 planning commission shall provide addressing and other database
2-52 information that the commission considers necessary for the
2-53 operation of a 9-1-1 system.
2-54 SECTION 5. Section 771.055, Health and Safety Code, is
2-55 amended to read as follows:
2-56 Sec. 771.055. STRATEGIC PLANNING. (a) The [Each regional
2-57 planning] commission shall develop a [regional] plan for the
2-58 establishment and operation of 9-1-1 service throughout the state
2-59 [region] that the [regional planning] commission services. The
2-60 state plan shall be compiled from the detailed regional plans
2-61 developed in coordination with the public agencies providing 9-1-1
2-62 service under this chapter [serves. The 9-1-1 service must meet
2-63 the standards established by the commission].
2-64 (b) The commission's [A regional] plan must describe how the
2-65 9-1-1 service is to be administered. The 9-1-1 service may be
2-66 administered by an emergency communication district, municipality,
2-67 or county, by a combination formed by interlocal contract, or by
2-68 other appropriate means as determined by the [regional planning]
2-69 commission. In a region in which one or more emergency
3-1 communication districts exist, a preference shall be given to
3-2 administration by those districts and expansion of the area served
3-3 by those districts.
3-4 (c) The commission's [A regional] plan must be updated at
3-5 least once every state fiscal biennium and must include:
3-6 (1) a description of how money allocated [to the
3-7 region] under this chapter is to be allocated in the commission's
3-8 service area [region];
3-9 (2) projected financial operating information for the
3-10 two state fiscal years following the submission of the plan; and
3-11 (3) strategic planning information for the five state
3-12 fiscal years following submission of the plan.
3-13 (d) In a region in which one or more emergency communication
3-14 districts exist, if a district chooses to participate in the
3-15 commission's [regional] plan, the district shall assist in the
3-16 development of the state [regional] plan.
3-17 (e) In a region in which one or more cities or counties are
3-18 providing 9-1-1 service under this chapter, each city or county
3-19 shall assist in the development of the state plan.
3-20 (f) For each state fiscal biennium, the commission shall
3-21 prepare a strategic plan for statewide 9-1-1 service for the
3-22 following five state fiscal years using information from the
3-23 strategic information contained in the state's [regional] plans and
3-24 provided by emergency communication districts [and home-rule
3-25 municipalities that operate 9-1-1 systems independent of the state
3-26 system]. The commission shall present the strategic plan to the
3-27 governor and the Legislative Budget Board, together with the
3-28 commission's legislative appropriations request. The strategic
3-29 plan must:
3-30 (1) include a survey of the current performance,
3-31 efficiency, and degree of implementation of emergency
3-32 communications services throughout the whole state;
3-33 (2) provide an assessment of the progress made toward
3-34 meeting the goals and objectives of the previous strategic plan and
3-35 a summary of the total expenditures for emergency communications
3-36 services in this state;
3-37 (3) provide a strategic direction for emergency
3-38 communications services in this state;
3-39 (4) establish goals and objectives relating to
3-40 emergency communications in this state;
3-41 (5) provide long-range policy guidelines for emergency
3-42 communications in this state;
3-43 (6) identify major issues relating to improving
3-44 emergency communications in this state;
3-45 (7) identify priorities for this state's emergency
3-46 communications system; and
3-47 (8) detail the financial performance of the [each
3-48 regional planning] commission in implementing emergency
3-49 communications service including an accounting of administrative
3-50 expenses.
3-51 SECTION 6. Sections 771.057 and 771.058, Health and Safety
3-52 Code, are amended to read as follows:
3-53 Sec. 771.057. AMENDMENT OF PLAN. In cases of emergency or
3-54 natural disaster, the state plan may be amended at the regional or
3-55 local level if requested by a public agency operating under this
3-56 chapter. The commission shall determine the procedural process to
3-57 be used in amending the state plan. [A regional plan may be
3-58 amended according to the procedure determined by the commission.]
3-59 Sec. 771.058. OPTIONAL PARTICIPATION IN PLAN. (a) [In a
3-60 county with a population of 120,000 or less, the county or another
3-61 public agency, other than the state, located in the county is not
3-62 required to participate in the regional plan applicable to the
3-63 regional planning commission in which it is located, and the fee
3-64 imposed under this chapter may not be charged to a customer in the
3-65 county or territory of the public agency other than the county,
3-66 unless the county or other public agency chooses to participate in
3-67 the plan by resolution of its governing body.]
3-68 [(b)] On approval by the commission, an emergency
3-69 communication district may choose to participate in the
4-1 commission's [regional] plan applicable to the [regional planning
4-2 commission] region in which the district is located. An emergency
4-3 communication district described by Section 771.001(3)(A) may
4-4 choose to participate in the commission's [regional] plan by
4-5 resolution of its governing body or by adoption of an ordinance.
4-6 An emergency communication district described by Section
4-7 771.001(3)(B) may choose to participate in the commission's
4-8 [regional] plan by order of the district's board after a public
4-9 hearing held in the manner required for a public hearing on the
4-10 continuation of the district under the law governing the district.
4-11 Following the adoption of the resolution, ordinance, or order and
4-12 approval by the commission, the [regional planning] commission
4-13 shall amend its [the regional] plan to take into account the
4-14 participation of the emergency communication district.
4-15 (b) [(c)] Participation in the commission's [regional] plan
4-16 by an emergency communication district does not affect the
4-17 organization or operation of the district, except that the district
4-18 may not collect an emergency communication fee or other special fee
4-19 for 9-1-1 service not permitted by this chapter. Participation by
4-20 the district in the plan does not affect the district's authority
4-21 to set its own fees in the territory under its jurisdiction on
4-22 January 1, 1988. Participation in the commission's [regional] plan
4-23 by a public agency or group of public agencies operating as an
4-24 emergency communication district as provided by Subsection (c)
4-25 [(d)] does not affect the authority of the public agency or group
4-26 of public agencies to set its own fees in territory:
4-27 (1) under its jurisdiction at the time of recognition;
4-28 or
4-29 (2) added to the district after the recognition.
4-30 (c) [(d)] In a county with a population of 120,000 or less,
4-31 a public agency or group of public agencies acting jointly that
4-32 contracted with a service provider before September 1, 1987, to
4-33 provide 9-1-1 service by resolution of its governing body may
4-34 withdraw from the commission's [a regional] plan [in which it
4-35 chooses to participate]. A public agency or group of public
4-36 agencies that withdraws from the commission's [a regional] plan
4-37 under this subsection shall be recognized and operate as an
4-38 emergency communication district in the agency's or group's
4-39 geographic jurisdiction. As an emergency communication district,
4-40 the public agency or group of agencies:
4-41 (1) is governed by Subchapter D, Chapter 772; and
4-42 (2) may collect all fees authorized by that subchapter
4-43 or other applicable law.
4-44 SECTION 7. Subchapter C, Chapter 771, Health and Safety
4-45 Code, is amended by adding Section 771.0585 to read as follows:
4-46 Sec. 771.0585. HOME-RULE MUNICIPALITIES. Notwithstanding
4-47 Section 771.058, a home-rule municipality that operates a 9-1-1
4-48 system that is independent of either the state system or an
4-49 existing district authorized under Chapter 772, shall follow the
4-50 operational standards for home-rule municipalities set out in
4-51 Subchapter G, Chapter 772.
4-52 SECTION 8. Section 771.060, Health and Safety Code, is
4-53 amended to read as follows:
4-54 Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE
4-55 SWITCHES. A business service user that provides residential
4-56 facilities and owns or leases a private telephone switch used to
4-57 provide telephone service to facility residents shall provide to
4-58 those residential end users the same level of 9-1-1 service that a
4-59 service supplier is providing to other residential end users in the
4-60 area participating in the commission's [regional] plan under
4-61 Section 771.051(2).
4-62 SECTION 9. Subsections (c) and (d), Section 771.062, Health
4-63 and Safety Code, are amended to read as follows:
4-64 (c) An emergency communication district [or home-rule
4-65 municipality] that operates a 9-1-1 system independent of the state
4-66 system shall [may voluntarily] submit strategic planning
4-67 information to the commission not later than January 31 of each
4-68 year that precedes a year that a regular session of the legislature
4-69 is held for use in preparing the strategic plan for statewide 9-1-1
5-1 service. This information as determined by the commission must[,
5-2 if reported, may]:
5-3 (1) include a survey of the current performance,
5-4 efficiency, and degree of implementation of emergency
5-5 communications services;
5-6 (2) detail the progress made toward meeting the goals
5-7 and objectives of the previous strategic plan;
5-8 (3) describe the strategic direction, goals, and
5-9 objectives for emergency communications services;
5-10 (4) identify major issues, long-range policy
5-11 guidelines, and priorities relating to improving emergency
5-12 communications services; and
5-13 (5) detail the financial performance of each district
5-14 in implementing emergency communications services.
5-15 (d) The commission shall establish reasonable guidelines in
5-16 cooperation with the districts for use by districts [and home-rule
5-17 municipalities] in preparing information for the strategic plan for
5-18 statewide 9-1-1 services. These guidelines shall include the time
5-19 frames of information and instructions for submission.
5-20 SECTION 10. Subchapter C, Chapter 771, Health and Safety
5-21 Code, is amended by adding Section 771.064 to read as follows:
5-22 Sec. 771.064. WITHDRAWAL FROM COMMISSION PLAN. Except as
5-23 provided by Section 771.058(c), a public agency that participates
5-24 in the commission's plan may not withdraw from the commission's
5-25 plan without the consent of the commission.
5-26 SECTION 11. Section 771.071, Health and Safety Code, is
5-27 amended to read as follows:
5-28 Sec. 771.071. EMERGENCY SERVICE FEE. (a) Except as
5-29 otherwise provided by this subchapter, the commission may impose a
5-30 9-1-1 emergency service fee on each local exchange access line or
5-31 equivalent local exchange access line, including lines of customers
5-32 in an area served by an emergency communication district
5-33 participating in the applicable commission [regional] plan. If a
5-34 business service user provides residential facilities, each line
5-35 that terminates at a residential unit, and that is a communication
5-36 link equivalent to a residential local exchange access line, shall
5-37 be charged the 9-1-1 emergency service fee. The fee may not be
5-38 imposed on a line to coin-operated public telephone equipment or to
5-39 public telephone equipment operated by coin or by card reader. The
5-40 fee may also not be imposed on any line that the commission
5-41 excluded from the definition of a local exchange access line or an
5-42 equivalent local exchange access line pursuant to Section 771.063.
5-43 (b) The amount of the fee may not exceed 50 cents a month
5-44 for each line.
5-45 (c) The commission may set the fee in a different amount in
5-46 each local telephone exchange service area of the state [regional
5-47 planning commission region] based on the cost of providing 9-1-1
5-48 service to each local telephone exchange service area [region].
5-49 (d) The fee does not apply to an emergency communication
5-50 district not participating in the commission [applicable regional]
5-51 plan. A customer in an area served by an emergency communication
5-52 district not participating in the commission [regional] plan may
5-53 not be charged a fee under this section. Money collected under
5-54 this section may not be allocated to an emergency communication
5-55 district not participating in the applicable commission [regional]
5-56 plan.
5-57 (e) A local exchange service provider shall collect the fees
5-58 imposed on its customers under this section. Not later than the
5-59 30th day after the last day of the month in which the fees are
5-60 collected, the local exchange service provider shall deliver the
5-61 fees to the commission. The commission shall deposit money from
5-62 the fees to the credit of the 9-1-1 services fee fund.
5-63 [(f) The commission shall distribute money appropriated to
5-64 the commission from the 9-1-1 services fee fund to regional
5-65 planning commissions for use in providing 9-1-1 services as
5-66 provided by contracts executed under Section 771.078. The regional
5-67 planning commissions shall distribute the money to public agencies
5-68 for use in providing those services.]
5-69 SECTION 12. Subsection (g), Section 771.0711, Health and
6-1 Safety Code, is amended to read as follows:
6-2 (g) On receipt of an invoice from a wireless service
6-3 provider for reasonable expenses for network facilities, including
6-4 equipment, installation, maintenance, and associated implementation
6-5 costs, the commission [or an emergency services district of a
6-6 home-rule municipality] or an emergency communication district
6-7 created under Chapter 772 shall reimburse the wireless service
6-8 provider in accordance with state law for all expenses related to
6-9 9-1-1 service.
6-10 SECTION 13. Subsections (d) and (f), Section 771.072, Health
6-11 and Safety Code, are amended to read as follows:
6-12 (d) From the revenue received from the surcharge imposed
6-13 under this section, the amount derived from the application of the
6-14 surcharge at a rate of not more than .5 percent shall be used by
6-15 the commission as provided for in this chapter or be allocated to
6-16 regions [regional planning commissions] or other public agencies
6-17 designated by the commission [regional planning commissions] for
6-18 use in carrying out the 9-1-1 service [regional plans] provided for
6-19 by this chapter. The allocations to the region [regional planning
6-20 commissions] are not required to be equal, but should be made to
6-21 carry out the policy of this chapter to implement 9-1-1 service
6-22 statewide. Money collected under this section may be allocated to
6-23 an emergency communication district regardless of whether the
6-24 district is participating in the applicable state [regional] plan.
6-25 (f) The commission shall deposit the surcharges and any
6-26 prior balances in an account in the general revenue fund in the
6-27 state treasury until they are allocated to the commission [regional
6-28 planning commissions] and poison control centers in accordance with
6-29 this section. From that account, the amount necessary for the
6-30 commission to fund approved plans [of regional planning
6-31 commissions] and regional poison control centers and to carry out
6-32 its duties under this chapter shall be appropriated to the
6-33 commission. Section 403.095, Government Code, does not apply to
6-34 the account established by this subsection.
6-35 SECTION 14. Sections 771.074 and 771.075, Health and Safety
6-36 Code, are amended to read as follows:
6-37 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
6-38 this subchapter or[,] Chapter 772[, or a home-rule municipality]
6-39 may not be imposed on or collected from the state.
6-40 Sec. 771.075. USE OF REVENUE. Except as provided by Section
6-41 771.072(e), 771.072(f), or 771.073(e), fees and surcharges
6-42 collected under this subchapter may be used, as approved by the
6-43 commission, [only] for planning, designing, developing, and
6-44 providing 9-1-1 service, enhancing [development, provision, and
6-45 enhancement of] the effectiveness of 9-1-1 service, and providing
6-46 facilities, equipment, and personnel necessary to establish and
6-47 operate a public safety answering point and 9-1-1 system [as
6-48 approved by the commission].
6-49 SECTION 15. Section 771.078, Health and Safety Code, is
6-50 amended to read as follows:
6-51 Sec. 771.078. CONTRACTS FOR SERVICES. (a) The commission
6-52 shall contract with public agencies [regional planning commissions]
6-53 for the provision of 9-1-1 service. The commission by rule shall
6-54 adopt standard provisions for the contracts.
6-55 (b) [In making contracts under this section, the commission
6-56 shall ensure that each regional planning commission receives money
6-57 for 9-1-1 service in two separately computed amounts as provided by
6-58 this subsection. The commission must provide each regional planning
6-59 commission with:]
6-60 [(1) an amount of money equal to the total of the
6-61 revenue from the emergency service fees collected under Section
6-62 771.071 that is deposited in the treasury and appropriated to the
6-63 commission multiplied by a fraction, the numerator of which is the
6-64 amount of those fees collected from the region and the denominator
6-65 of which is the total amount of those fees collected in this state;
6-66 and]
6-67 [(2) an amount of money equal to the total of the
6-68 revenue from the emergency service fee for wireless
6-69 telecommunications connections under Section 771.0711 that is
7-1 deposited in the treasury and appropriated to the commission
7-2 multiplied by a fraction, the numerator of which is the population
7-3 of the region and the denominator of which is the population of
7-4 this state.]
7-5 [(c)] Contracts under this section must provide for:
7-6 (1) the reporting of financial information regarding
7-7 administrative expenses by the local public agency that is the
7-8 9-1-1 service provider [regional planning commissions] in
7-9 accordance with generally accepted accounting principles;
7-10 (2) the reporting of information regarding the current
7-11 performance, efficiency, and degree of implementation of emergency
7-12 communications services in each regional [planning commission's]
7-13 service area;
7-14 (3) the collection of efficiency data on the operation
7-15 of 9-1-1 answering points;
7-16 (4) standards for the use of answering points and the
7-17 creation of new answering points;
7-18 (5) quarterly disbursements of money due under the
7-19 contract, except as provided by Subdivision (6);
7-20 (6) the commission to withhold disbursement to the
7-21 local public agency that is the 9-1-1 service provider or wireless
7-22 telecommunications carrier [a regional planning commission] that
7-23 does not follow a standard imposed by the contract, a commission
7-24 rule, or a statute; and
7-25 (7) all funds, obligations, and contracts for 9-1-1
7-26 service shall transfer from the regional planning commissions to
7-27 the commission [a means for the commission to give an advance on a
7-28 quarterly distribution under the contract to a regional planning
7-29 commission that has a financial emergency].
7-30 (d) [Not more than 10 percent of the money received by a
7-31 regional planning commission under Subsection (b) may be used for
7-32 the regional planning commission's indirect costs. In this
7-33 subsection, "indirect costs" means costs that are not directly
7-34 attributable to a single action of a commission. The governor
7-35 shall use the federal Office of Management and Budget circulars
7-36 A-87 and A-122 or use any rules relating to the determination of
7-37 indirect costs adopted under Chapter 783, Government Code, in
7-38 administering this section.]
7-39 [(e)] The commission may allocate surcharges under Section
7-40 771.072(d) by means of a contract under this section.
7-41 [(f) Promptly after the commission receives a request from a
7-42 regional planning commission, the commission shall provide the
7-43 regional planning commission with adequate documentation and
7-44 financial records of the amount of money collected in that region
7-45 or of an amount of money allocated to the regional planning
7-46 commission in accordance with this section.]
7-47 SECTION 16. Subsection (c), Section 771.079, Health and
7-48 Safety Code, is amended to read as follows:
7-49 (c) Money in the account may be appropriated only to the
7-50 commission for planning, development, provision, or enhancement of
7-51 the effectiveness of 9-1-1 service or for contracts with a public
7-52 agency or 9-1-1 service provider for 9-1-1 service and for the
7-53 implementation and operation of an emergency call box system
7-54 [regional planning commissions for 9-1-1 service].
7-55 SECTION 17. Chapter 771, Health and Safety Code, is amended
7-56 by adding Subchapter E to read as follows:
7-57 SUBCHAPTER E. EMERGENCY HIGHWAY CALL BOX SYSTEM
7-58 Sec. 771.101. EMERGENCY HIGHWAY CALL BOX SYSTEM. (a) The
7-59 commission, in cooperation with the Texas Department of
7-60 Transportation, shall establish a program to install, operate, and
7-61 maintain a system of telephone emergency call boxes in areas of the
7-62 state served by the commission. The emergency highway call box
7-63 system shall be installed, operated, and maintained along those
7-64 highways in this state that are numbered United States highways,
7-65 that are part of the national system of interstate and defense
7-66 highways, or that are numbered state highways to enable users of
7-67 the emergency call boxes to communicate with providers of emergency
7-68 services. The commission and the Texas Department of
7-69 Transportation shall phase in the implementation of emergency call
8-1 boxes over a 10-year period. This section shall not apply to a
8-2 segment of a highway that has been designated as a farm-to-market
8-3 or ranch-to-market road.
8-4 (b) The commission may take any action to implement the
8-5 emergency highway call box program that the commission determines
8-6 to be necessary or advisable and may contract for any equipment or
8-7 service that is required to implement the communication system
8-8 under the program. The commission shall give priority for the
8-9 implementation of an emergency highway call box system to counties
8-10 with a population of 100,000 or less.
8-11 Sec. 771.102. SELECTION AND PLACEMENT. The commission, in
8-12 cooperation with the Texas Department of Transportation, shall
8-13 select or approve the emergency call boxes and other equipment and
8-14 the communication provider services that are necessary for the
8-15 system. The Texas Department of Transportation shall determine the
8-16 placement and spacing of the emergency call boxes. When the
8-17 program has been fully implemented, the distance between two
8-18 emergency call boxes should not be more than two miles.
8-19 Sec. 771.103. COOPERATION. Each agency, county, and
8-20 municipality in this state shall cooperate with the commission in
8-21 the establishment, operation, and maintenance of the emergency
8-22 highway call box program.
8-23 Sec. 771.104. REPORTS. Not later than November 1 of each
8-24 year, the commission shall file with the lieutenant governor, the
8-25 speaker of the house of representatives, and the Legislative Budget
8-26 Board a report on the commission's activities under this subchapter
8-27 during the preceding fiscal year.
8-28 Sec. 771.105. PROHIBITED FUNDING OPTIONS. The establishment
8-29 of an emergency highway call box system shall not be funded from
8-30 constitutionally dedicated revenues allocated to the Texas
8-31 Department of Transportation. The emergency highway call box
8-32 system shall not result in a fee increase or additional item on
8-33 telephone service bills.
8-34 SECTION 18. Subsection (d), Section 772.110, Health and
8-35 Safety Code, is amended to read as follows:
8-36 (d) The district shall implement [recommend] minimum levels
8-37 of service at least as stringent as the Commission on State
8-38 Emergency Communications levels of service [standards] for a 9-1-1
8-39 system. A 9-1-1 system in a district under this subchapter must be
8-40 computerized.
8-41 SECTION 19. Subsection (c), Section 772.114, Health and
8-42 Safety Code, is amended to read as follows:
8-43 (c) The rate of the fee may not exceed six [three] percent of
8-44 the monthly base rate charged a service user by the principal
8-45 service supplier in the participating jurisdiction.
8-46 SECTION 20. Section 772.117, Health and Safety Code, is
8-47 amended to read as follows:
8-48 Sec. 772.117. ALLOWABLE EXPENSES. Allowable operating
8-49 expenses of a district include all costs approved by the board that
8-50 are attributable to planning, designing, developing, and providing
8-51 9-1-1 service, enhancing the effectiveness of a 9-1-1 system, and
8-52 providing facilities, [to all] equipment, and personnel necessary
8-53 to establish and operate a public safety answering point and 9-1-1
8-54 system, and for other related services [answering points] that the
8-55 board considers necessary.
8-56 SECTION 21. Subsection (d), Section 772.210, Health and
8-57 Safety Code, is amended to read as follows:
8-58 (d) The district shall implement [recommend] minimum levels
8-59 of service at least as stringent as the Commission on State
8-60 Emergency Communications levels of service [standards] for a 9-1-1
8-61 system. A 9-1-1 system in a district created under this subchapter
8-62 must be computerized.
8-63 SECTION 22. Section 772.217, Health and Safety Code, is
8-64 amended to read as follows:
8-65 Sec. 772.217. ALLOWABLE EXPENSES. Allowable operating
8-66 expenses of a district include all costs approved by the board that
8-67 are attributable to planning, designing, developing, and providing
8-68 9-1-1 service, enhancing the effectiveness of a 9-1-1 system, and
8-69 providing facilities, [to all] equipment, and personnel necessary
9-1 to establish and operate a public safety answering point and 9-1-1
9-2 system, and for other related services [answering points] that the
9-3 board considers necessary.
9-4 SECTION 23. Subsection (d), Section 772.310, Health and
9-5 Safety Code, is amended to read as follows:
9-6 (d) The district shall implement [recommend] minimum levels
9-7 of service at least as stringent as the Commission on State
9-8 Emergency Communications levels of service [standards] for a 9-1-1
9-9 system.
9-10 SECTION 24. Section 772.317, Health and Safety Code, is
9-11 amended to read as follows:
9-12 Sec. 772.317. ALLOWABLE EXPENSES. Allowable operating
9-13 expenses of a district include all costs approved by the board that
9-14 are attributable to planning, designing, developing, and providing
9-15 9-1-1 service, enhancing the effectiveness of a 9-1-1 system, and
9-16 providing facilities, [to all] equipment, and personnel necessary
9-17 to establish and operate a public safety answering point and 9-1-1
9-18 system, and for other related services [answering points] that the
9-19 board considers necessary.
9-20 SECTION 25. Subsection (c), Section 772.403, Health and
9-21 Safety Code, is amended to read as follows:
9-22 (c) Revenue from the fee may be used [only] for [the]
9-23 planning, designing, developing, and providing 9-1-1 services,
9-24 enhancing the effectiveness [development, and provision] of 9-1-1
9-25 service, and providing facilities, equipment, and personnel
9-26 necessary to establish and operate a public safety answering point
9-27 and other related answering points.
9-28 SECTION 26. Chapter 772, Health and Safety Code, is amended
9-29 by adding Subchapter G to read as follows:
9-30 SUBCHAPTER G. HOME-RULE MUNICIPALITIES
9-31 Sec. 772.501. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A
9-32 home-rule municipality shall provide 9-1-1 service to the
9-33 municipality's jurisdiction through one or a combination of the
9-34 following methods and features or equivalent state-of-the-art
9-35 technology:
9-36 (1) the transfer method;
9-37 (2) the relay method;
9-38 (3) the dispatch method;
9-39 (4) automatic number identification;
9-40 (5) automatic location identification; or
9-41 (6) selective routing.
9-42 (b) The municipality shall design, implement, and operate a
9-43 9-1-1 system for the municipality's jurisdiction.
9-44 (c) The municipality shall implement minimum levels of
9-45 service at least as stringent as Commission on State Emergency
9-46 Communications levels of service for a 9-1-1 system. A 9-1-1
9-47 system in a home-rule municipality under this subchapter must be
9-48 computerized.
9-49 (d) 9-1-1 service is mandatory for each individual telephone
9-50 subscriber within the municipality's jurisdiction and is not an
9-51 optional service under any definitions of terms relating to
9-52 telephone service.
9-53 (e) A service supplier involved in providing 9-1-1 service,
9-54 a manufacturer of equipment used in providing 9-1-1 service, or an
9-55 officer or employee of a service supplier involved in providing
9-56 9-1-1 service is not liable for any claim, damage, or loss arising
9-57 from the provision of 9-1-1 service unless the act or omission
9-58 proximately causing the claim, damage, or loss constitutes gross
9-59 negligence, recklessness, or intentional misconduct.
9-60 Sec. 772.502. REPORTING OF EXPENSES. On January 31 of each
9-61 year preceding a legislative session, the municipality shall submit
9-62 to the Commission on State Emergency Communications a detailed
9-63 financial report showing all revenues and expenditures of the 9-1-1
9-64 fund account and showing any balances of the account.
9-65 Sec. 772.503. ESTABLISHMENT OF 9-1-1 SERVICE FEE. (a) The
9-66 municipality may impose a 9-1-1 emergency service fee on service
9-67 users within the municipality's jurisdiction.
9-68 (b) In imposing the fee, the municipality may provide for
9-69 reasonable reserves for contingencies and for purchases and
10-1 installation of 9-1-1 emergency service equipment.
10-2 Sec. 772.504. COLLECTION OF FEE. Each billed service user
10-3 is liable for the fee imposed under Section 772.503 until the fee
10-4 is paid to the service supplier. The fee must be added to and
10-5 stated separately in the service user's bill from the service
10-6 supplier. The service supplier shall collect the fee at the same
10-7 time as the service charge to the service user in accordance with
10-8 the regular billing practice of the service supplier. A business
10-9 service user that provides residential facilities and owns or
10-10 leases a publicly or privately owned telephone switch used to
10-11 provide telephone service to facility residents shall collect the
10-12 9-1-1 emergency service fee and transmit the fees monthly to the
10-13 municipality.
10-14 Sec. 772.505. ESTABLISHMENT OF 9-1-1 FUND ACCOUNT. A
10-15 home-rule municipality operating its own emergency communications
10-16 system shall deposit all 9-1-1 emergency service fees collected or
10-17 received by the municipality into a separate account to be known as
10-18 the 9-1-1 fund account.
10-19 Sec. 772.506. ALLOWABLE EXPENSES. Allowable expenses from
10-20 the 9-1-1 fund account include all costs attributable to planning,
10-21 designing, developing, and providing 9-1-1 services and
10-22 communication systems directly related to providing 9-1-1 services,
10-23 enhancing the effectiveness of a 9-1-1 system, and providing
10-24 facilities, equipment, and personnel necessary to establish and
10-25 operate a public safety answering point and other related answering
10-26 points.
10-27 SECTION 27. Chapter 226, Transportation Code, is repealed.
10-28 SECTION 28. Section 771.056, Health and Safety Code, is
10-29 repealed.
10-30 SECTION 29. (a) Not later than January 1, 2002, a home-rule
10-31 municipality must enter into a memorandum of understanding with the
10-32 Commission on State Emergency Communications detailing the
10-33 municipality's plan to comply with Section 771.0585, Health and
10-34 Safety Code, as added by this Act.
10-35 (b) Not later than January 1, 2003, a home-rule municipality
10-36 must comply with Section 771.0585, Health and Safety Code, as added
10-37 by this Act by:
10-38 (1) joining the state administration of emergency
10-39 communications under Chapter 771, Health and Safety Code;
10-40 (2) joining an existing emergency communication
10-41 district under Chapter 772, Health and Safety Code; or
10-42 (3) operating its own district under Subchapter G,
10-43 Chapter 772, Health and Safety Code, as added by this Act.
10-44 SECTION 30. Not later than September 1, 2007, the Commission
10-45 on State Emergency Communications shall implement wireless Phase II
10-46 service to comply with Subdivision (15), Subsection (a), Section
10-47 771.051, Health and Safety Code, as added by this Act.
10-48 SECTION 31. (a) On September 1, 2001:
10-49 (1) all of the rights, powers, duties, functions,
10-50 programs, and activities assigned to the Texas Department of
10-51 Transportation or to the department's officers or employees by
10-52 Chapter 226, Transportation Code, are transferred to the Commission
10-53 on State Emergency Communications; and
10-54 (2) all funds, obligations, contracts, property, and
10-55 records of the Texas Department of Transportation relating to the
10-56 emergency call box system under Chapter 226, Transportation Code,
10-57 are transferred to the Commission on State Emergency
10-58 Communications.
10-59 (b) A rule or form adopted by the Texas Department of
10-60 Transportation that relates to the emergency highway call box
10-61 system under Chapter 226, Transportation Code, is a rule or form of
10-62 the Commission on State Emergency Communications and remains in
10-63 effect until altered by the commission. The secretary of state is
10-64 authorized to adopt rules as necessary to expedite the
10-65 implementation of this subsection.
10-66 SECTION 32. (a) The transfer of powers, duties, functions,
10-67 programs, and activities under this Act does not affect or impair
10-68 any act done, any obligation, right, order, license, permit, rule,
10-69 criterion, standard, or requirement existing, any investigation
11-1 begun, or any penalty accrued under former law, and that law
11-2 remains in effect for any action concerning those matters.
11-3 (b) An action brought or proceeding commenced before the
11-4 effective date of this Act, including a contested case or a remand
11-5 of an action or proceeding by a reviewing court, is governed by the
11-6 law and rules applicable to the action or proceeding before the
11-7 effective date of this Act.
11-8 SECTION 33. (a) Except as provided by Subsection (b) of
11-9 this section, this Act takes effect September 1, 2001.
11-10 (b) Sections 2, 12, and 14 of this Act take effect
11-11 January 1, 2003.
11-12 * * * * *