78R3997 DLF-D

By:  Nelson                                                       S.B. No. 429



A BILL TO BE ENTITLED

AN ACT

relating to a wireless priority service program for mobile 
telecommunication services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 771.051(a), Health and Safety Code,  is 
amended to read as follows:
	(a)  The commission is the state's authority on emergency 
communications. The commission shall:
		(1)  administer the implementation of statewide 9-1-1 
service and the telecommunications requirements for poison control 
centers under Chapter 777;
		(2)  develop minimum performance standards for 
equipment and operation of 9-1-1 service to be followed in 
developing regional plans under Section 771.055, including 
requirements that the plans provide for:
			(A)  automatic number identification by which the 
telephone number of the caller is automatically identified at the 
public safety answering point receiving the call; and
			(B)  other features the commission considers 
appropriate;                  
		(3)  examine and approve or disapprove regional plans 
as provided by Section 771.056;
		(4)  recommend minimum training standards, assist in 
training, and provide assistance in the establishment and operation 
of 9-1-1 service;
		(5)  allocate money to prepare and operate regional 
plans as provided by Section 771.056;
		(6)  develop and provide public education materials and 
training;           
		(7)  plan, implement, operate, and maintain poison 
control center databases and assist in planning, supporting, and 
facilitating 9-1-1 databases, as needed;
		(8)  provide grants or contracts for services that 
enhance the effectiveness of 9-1-1 service;
		(9)  coordinate emergency communications services and 
providers;            
		(10)  make reasonable efforts to gain voluntary 
cooperation in the commission's activities of emergency 
communications authorities and providers outside the commission's 
jurisdiction, including:
			(A)  making joint communications to state and 
federal regulators; and      
			(B)  arranging cooperative purchases of equipment 
or services;      
		(11)  administer the wireless priority service program 
under Subchapter G; and
		(12) [(11)] accept, receive, and deposit in its account 
in the general revenue fund gifts, grants, and royalties from 
public and private entities. Gifts, grants, and royalties may be 
used for the purposes of the commission.
	SECTION 2.  Chapter 771, Health and Safety Code,  is amended 
by adding Subchapter G to read as follows:

SUBCHAPTER G. WIRELESS PRIORITY SERVICE
	Sec. 771.151.  DEFINITIONS. In this subchapter:                         
		(1)  "Commercial mobile telecommunication service 
provider" means a commercial provider of voice-based mobile 
telecommunication services in accordance with 47 U.S.C. Section 
151, et seq., and its subsequent amendments, and federal 
regulations.
		(2)  "Program" means the wireless priority service 
program under this subchapter.
	Sec. 771.152.  WIRELESS PRIORITY SERVICE PROGRAM. (a) The 
commission shall administer a wireless priority service program to 
ensure that public safety and emergency management personnel have 
access to mobile telecommunication services during emergencies, 
including natural disasters.
	(b)  The commission may adopt rules as necessary to implement 
the program.
	Sec. 771.153.  REQUIRED PARTICIPATION. As a condition of 
engaging in business in this state, a commercial mobile 
telecommunication service provider must participate in the 
program.
	Sec. 771.154.  PROGRAM REQUIREMENTS. (a) The program must 
enable eligible public safety and emergency management personnel 
that encounter system congestion using a mobile telecommunication 
service to connect a telephone call through the service using a 
specified numeric prefix or using another similar mechanism.
	(b)  The commission by rule shall establish:                            
		(1)  public safety and emergency management personnel 
eligible for priority access to mobile telecommunication services  
under the program; and
		(2)  the manner in which commercial mobile 
telecommunication service providers participate in the program.
	SECTION 3.  The Commission on State Emergency Communications 
shall establish the wireless priority service program as required 
by this Act not later than September 1, 2004.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.