C.S.H.B. 802 78(R)    BILL ANALYSIS


C.S.H.B. 802
By: Geren
Regulated Industries
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, state law requires certain telephone shared service
arrangements to have private switch 9-1-1 services if the end-user is a
residential customer, but does not currently require shared service
arrangements to have the private switch 9-1-1 enhancement if the end-user
is a non-affiliated business tenant or a private telephone system user
consolidating phone services at two or more locations. Without the private
switch 9-1-1 service enhancement, 9-1-1 callers can not be located by a
dispatcher if the caller is unable to communicate or if the call is
disconnected before all vital information is obtained.  C.S.H.B. 802 will
require some business service users to provide a private switch 9-1-1
service enhancement. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends section 772.218, Health and Safety Code and provides
that private telephone systems providing services to non-affiliated
tenants must have private switch 911 service.  The bill also provides that
private telephone systems consolidating phone services at two or more
locations must have a system configured to support private switch 911
service 

Subsection (f) of the bill requires hotels and motels that do not have
phone operator staffing 24 hours/7 days per week to have private switch
911 service so that specific rooms can be identified during an emergency
911 phone call. 

The bill also allows for limited liability of service providers.  This
affords the same limited liability upon those in voluntary compliance with
these provisions as those who are mandated to comply. 
 
Subsection (h) of the committee substitute exempts public school districts
and state agencies from the requirements of subsections (d) and (e) of the
bill. 

Subsection (i) provides that subsections (d), (e), and (f) of the bill
apply only to telecommunication systems installed on or after September 1,
2003 

SECTION 2. Effective date

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Subsection (h) of the committee substitute exempts public school districts
and state agencies from the requirements of subsections (d) and (e) of the
bill.  Initially, as filed, subsection (h) of the bill exempted only
public school districts from the provisions of subsections (d) and (e) of
the bill until the later of September 1, 2005, or when a new
telecommunication system was installed by a public school district. 
 
Subsection (i) is added to the bill in the committee substitute, and
SECTION 2 of the bill as filed is deleted.  New subsection (i) provides
that subsections (d), (e), and (f) of the bill apply only to
telecommunication systems installed on or after September 1, 2003 

As filed, SECTION 2 of the bill required compliance with subsections (d),
(e), and (f) of the bill by and not later than September 1, 2005. The new
SECTION 2 makes this act take effect on September 1, 2003.