81R7510 YDB-F

By: Chisum H.B. No. 2507

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of an interoperable statewide emergency radio infrastructure and the imposition of an emergency radio infrastructure fee on certain telephone services.

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. INTEROPERABLE STATEWIDE 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 for this state and local governments to public safety agencies; and

(B) permits interoperable communication between different public safety agencies.

(2) "Local exchange access line" and "equivalent local exchange access line" have the meanings determined by the advisory commission under Section 771.063.

Sec. 771.152. EMERGENCY RADIO INFRASTRUCTURE FEE. (a) Notwithstanding Section 391.011, Local Government Code, and in accordance with this chapter and Chapter 772, to provide and maintain an interoperable statewide emergency radio infrastructure, the commission shall, for each customer required to pay a fee under Sections 771.071, 771.0711, 771.072, 772.114, 772.214, and 772.314, impose an emergency radio infrastructure fee on:

(1) a local exchange access line, equivalent local exchange access line, or wireless telecommunications connection; and

(2) a customer receiving intrastate long distance service.

(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:

(1) a line to coin-operated public telephone equipment or to public telephone equipment operated by card reader; or

(2) 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 25 cents a month for each line.

(d) The emergency radio infrastructure fee imposed under this section is in addition to any other fee authorized by this chapter or Chapter 772, including Sections 771.071, 771.0711, 771.072, 772.114, 772.214, and 772.314.

Sec. 771.153. 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, wireless service provider, or intrastate long distance 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 the charges for the service provided by the provider. The fee must be stated separately on the customer's bill.

(b) A local exchange service provider, wireless service provider, or intrastate long distance service provider shall monthly collect the emergency radio infrastructure fee imposed on its customers under Section 771.152. Not later than the 30th day after the last day of the month in which fees are collected, the provider shall remit the fees to the comptroller. The comptroller shall deposit money from the fees to the credit of the emergency radio infrastructure fee account.

(c) A local exchange service provider, wireless service provider, or intrastate long distance service provider shall maintain records of the amount of fees the provider collects at least until the second anniversary of the date the fee was collected. The comptroller may require at the comptroller's expense an annual audit of the provider's books and records.

(d) A local exchange service provider, wireless service provider, or intrastate long distance service provider may retain an administrative fee of two percent of the amount collected under this section.

(e) A local exchange service provider, wireless service provider, or intrastate long distance service provider is not required to take any legal action to enforce the collection of the emergency radio infrastructure fee. The provider annually shall provide the comptroller with a certificate of delinquency that indicates the total amount of all delinquent fees and the name and address of each nonpaying customer.

(f) The comptroller may institute legal proceedings to collect a fee owed under this subchapter that is not paid and may establish internal collection procedures and recover from the customer the costs of collection. If the comptroller prevails, the court may award the comptroller court costs, attorney's fees, and interest on the delinquent amount. A delinquent fee accrues interest at an annual rate of 12 percent beginning on the date the payment becomes due.

Sec. 771.154. USE OF REVENUE. (a) Fees collected under this subchapter may only:

(1) be used for the planning, development, provision, enhancement, or ongoing maintenance of an interoperable statewide emergency radio infrastructure;

(2) be used in accordance with the state communications interoperability plan;

(3) be used for the development of a regional or state interoperable radio communication system; or

(4) be distributed as grants by the commission to:

(A) regional councils of government that have entered into interlocal agreements authorized under state law; and

(B) state agencies requiring emergency radio communications infrastructure.

(b) Fees collected and distributed as provided by this subchapter may not be used to purchase or maintain radio subscriber equipment.

Sec. 771.155. EMERGENCY RADIO INFRASTRUCTURE FEE ACCOUNT. (a) The emergency radio infrastructure fee account is an account in the general revenue fund.

(b) The account consists of:

(1) fees deposited in the fund as provided by Section 771.153; and

(2) notwithstanding Section 404.071, Government Code, all interest attributable to money held in the account.

(c) Money in the account may be appropriated only to the commission for the planning, development, provision, enhancement, or ongoing maintenance of an interoperable statewide emergency radio infrastructure.

(d) Section 403.095, Government Code, does not apply to the account.

SECTION 2. Notwithstanding Subchapter F, Chapter 771, Health and Safety Code, as added by this Act, a local exchange service provider, wireless service provider, or intrastate long distance service provider is not required to collect the emergency radio infrastructure fee required by that subchapter until January 1, 2010.

SECTION 3. This Act takes effect September 1, 2009.