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79R5441 UM-F
By: Pickett H.B. No. 2749
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a Texas Poison Control Network and
9-1-1 equalization surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.072, Health and Safety Code, is
amended to read as follows:
Sec. 771.072. TEXAS POISON CONTROL NETWORK AND 9-1-1
EQUALIZATION SURCHARGE. (a) In addition to the fees [fee] imposed
under Sections [Section] 771.071 and 771.0711, the commission shall
impose a Texas Poison Control Network and 9-1-1 equalization
surcharge on all local exchange access lines and wireless
telecommunications connections [each customer receiving intrastate
long-distance service], including customers in an area served by an
emergency communication district or home-rule municipality, even
if the district or municipality is not participating in the
regional plan.
(b) The amount of the surcharge may not exceed six cents per
local exchange access line or wireless telecommunications
connection each month, as set [one and three-tenths of one percent
of the charges for intrastate long-distance service, as defined] by
the commission.
(c) A local exchange [Except as provided by Section
771.073(f), an intrastate long-distance] service provider and a
wireless service provider shall collect the surcharge imposed on
its customers under this section and shall deliver the surcharges
to the comptroller not later than the date specified by the
comptroller, provided that the required payment date be no earlier
than the 30th day after the last day of the reporting period in
which the surcharge is collected. If the comptroller does not
specify a date, the provider shall deliver the surcharges to the
comptroller not later than the 30th day after the last day of the
month in which the surcharges are collected.
(d) From the revenue received from the surcharge imposed
under this section, funds shall be appropriated to the commission
for the continued maintenance of the Texas Poison Control Network
and for allocations [the amount derived from the application of the
surcharge at a rate of not more than .5 percent shall be allocated]
to regional planning commissions or other public agencies
designated by the regional planning commissions for use in carrying
out the regional plans provided for by this chapter. The
allocations to the regional planning commissions are not required
to be equal, but should be made to carry out the policy of this
chapter to implement 9-1-1 service statewide. Money collected
under this section may be allocated to an emergency communication
district or home-rule municipality regardless of whether the
district or municipality is participating in the applicable
regional plan.
(e) [From the revenue received from the surcharge imposed by
this section, the amount derived from the application of the
surcharge at a rate of not more than .8 percent shall be
periodically allocated to the Texas Department of Health to fund
grants awarded under Section 777.009.
[(f)] The comptroller shall deposit the surcharges and all
[any] prior balances in accounts in the general revenue fund in the
state treasury until they are allocated to the commission [regional
planning commissions, other 9-1-1 jurisdictions, and regional
poison control centers in accordance with this section]. From
those accounts, the amount necessary for the commission to fund
approved plans of regional planning commissions and regional poison
control centers and to carry out its duties under this chapter shall
be appropriated to the commission. Section 403.095, Government
Code, does not apply to an account established by this subsection.
(f) In addition to the appropriation specified by
Subsection (d) [(g) Notwithstanding any other law], revenue
derived from the equalization surcharge imposed under this section
may also be appropriated to the commission [only] for the purposes
described by Sections 773.122 through 773.124.
SECTION 2. (a) Not later than October 1, 2005, the
Commission on State Emergency Communications shall set the amount
of the Texas Poison Control Network and 9-1-1 equalization
surcharge as required by Section 771.072(b), Health and Safety
Code, as amended by this Act.
(b) The change in law made by this Act applies only to an
equalization surcharge imposed under Section 771.072, Health and
Safety Code, as amended by this Act, for a month that begins on or
after January 1, 2006. An equalization surcharge imposed for a
month that begins before January 1, 2006, is governed by the law as
it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.