79R2764 UM-F
By: Madla S.B. No. 598
A BILL TO BE ENTITLED
AN ACT
relating to providing and maintaining an emergency radio
infrastructure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 771, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. EMERGENCY RADIO INFRASTRUCTURE
Sec. 771.151. DEFINITIONS. In this subchapter:
(1) "Emergency radio infrastructure" means radio
frequency hardware, software, or auxiliary equipment that:
(A) provides dispatch communications to public
safety agencies; and
(B) permits communication between different
public safety agencies.
(2) "Local exchange access line" and "equivalent local
exchange access line" have the meanings determined by the
commission under Section 771.063.
Sec. 771.152. APPLICATION OF SUBCHAPTER. This subchapter
applies to a regional planning commission that has established by
resolution:
(1) a regional emergency radio plan; and
(2) an emergency radio infrastructure that conforms
with the plan in the territory of the regional planning commission.
Sec. 771.153. EMERGENCY RADIO INFRASTRUCTURE FEE. (a)
Notwithstanding Section 391.011, Local Government Code, a regional
planning commission may impose an emergency radio infrastructure
fee, to provide and maintain an emergency radio infrastructure, on
each local exchange access line or equivalent local exchange access
line in the territory of the regional planning commission if
authorized to do so by a majority vote of the governing body of the
regional planning commission.
(b) If a business service user provides residential
facilities, each line that terminates at a residential unit, and
that is a communication link equivalent to a residential local
exchange access line, shall be charged the emergency radio
infrastructure fee. The fee may not be imposed on a line to
coin-operated public telephone equipment or to public telephone
equipment operated by coin or by card reader. The fee may also not
be imposed on any line that the commission excluded from the
definition of a local exchange access line or an equivalent local
exchange access line under Section 771.063.
(c) The amount of the fee may not exceed 50 cents a month for
each line. The governing body of the regional planning commission
shall set the fee annually.
(d) A fee imposed under this section is in addition to any
other fee authorized by this chapter.
Sec. 771.154. COLLECTION OF FEE. (a) A customer on which a
fee is imposed under this subchapter is liable for the fee in the
same manner as the customer is liable for the charge for services
provided by the local exchange service provider. The provider
shall collect the fees imposed on its customers under this
subchapter at the same time and in the same manner as the provider
collects those service charges. The fee must be stated separately
on the customer's bill.
(b) The fees collected by a local exchange service supplier
are due monthly. The supplier shall remit the amount collected in a
month to the regional planning commission not later than the 30th
day after the last day of the month in which fees are collected.
With each payment, the supplier shall file a return in a form
prescribed by the regional planning commission.
(c) A local exchange service supplier shall maintain
records of the amount of fees the supplier collects for at least two
years after the date of collection. The regional planning
commission may require at the regional planning commission's
expense an annual audit of a supplier's books and records.
(d) A local exchange service supplier is entitled to retain
an administrative fee from the amount of fees the supplier
collects. The amount of the administrative fee is two percent of
the amount of fees the supplier collects under this section.
(e) A local exchange service supplier is not required to
take any legal action to enforce the collection of the emergency
radio services fee. However, the supplier shall provide the
regional planning commission with an annual certificate of
delinquency that indicates the amount of all delinquent fees and
the name and address of each nonpaying customer.
(f) The regional planning commission may institute legal
proceedings to collect fees not paid and may establish internal
collection procedures and recover the cost of collection from the
nonpaying customer. If legal proceedings are established, the
court may award the regional planning commission court costs,
attorney's fees, and interest to be paid by the nonpaying customer.
A delinquent fee accrues interest at an annual rate of 12 percent
beginning on the date the payment becomes due.
Sec. 771.155. FUNDS. (a) A regional planning commission
may apply for, contract for, receive, and expend to provide or
maintain emergency radio infrastructure in its territory a grant or
funds from a participating governmental unit, the state, the
federal government, or other sources.
(b) A participating government or the state may appropriate
funds to a regional planning commission for the costs and expenses
required to provide and maintain an emergency radio infrastructure.
Sec. 771.156. BUDGET. The governing body of the regional
planning commission annually shall adopt a budget under which the
fees collected under this subchapter are used to plan, administer,
provide, and maintain the regional emergency radio infrastructure.
SECTION 2. This Act takes effect September 1, 2005.