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A BILL TO BE ENTITLED
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AN ACT
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relating to a uniform and statewide 9-1-1 emergency services fee on |
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the retail sale of prepaid wireless telecommunications services to |
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consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 771.001(12), Health and Safety Code, is |
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amended to read as follows: |
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(12) "Wireless service provider" means a provider of |
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commercial mobile service under Section 332(d), Federal |
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Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.), |
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Federal Communications Commission rules, and the Omnibus Budget |
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Reconciliation Act of 1993 (Pub. L. No. 103-66), and includes a |
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provider of wireless two-way communication service, |
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radio-telephone communications related to cellular telephone |
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service, network radio access lines or the equivalent, and personal |
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communication service. The term does not include a provider of: |
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(A) a service whose users do not have access to |
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9-1-1 service; |
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(B) a communication channel used only for data |
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transmission; |
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(C) a wireless roaming service or other nonlocal |
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radio access line service; [or] |
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(D) a private telecommunications service; or |
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(E) a prepaid wireless telecommunications |
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service, as defined by Section 771.081, only to the extent of the |
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sale or provision of the service. |
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SECTION 2. Section 771.032, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 771.032. APPLICATION OF SUNSET ACT. (a) The |
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Commission on State Emergency Communications is subject to Chapter |
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325, Government Code (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the commission is abolished |
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and this chapter expires September 1, 2011. |
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(b) As part of the Sunset Advisory Commission's review under |
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Subsection (a), the Sunset Advisory Commission, in its report to |
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the 82nd Legislature, shall include: |
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(1) the effect of the prepaid wireless 9-1-1 emergency |
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services fee on revenues collected and the extent to which those |
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revenues increased or decreased total revenues attributable to |
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wireless telecommunications services; and |
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(2) whether the total of all revenues received from |
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9-1-1 services fees adequately fund public safety in this state at |
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the time the review is conducted and whether the 9-1-1 services fees |
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will continue to adequately fund public safety in future years. |
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SECTION 3. Section 771.056(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) If the commission approves the plan, it shall allocate |
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to the region from the money collected under Sections 771.071, |
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771.0711, [and] 771.072, and 771.082 and appropriated to the |
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commission the amount that the commission considers appropriate to |
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operate 9-1-1 service in the region according to the plan and |
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contracts executed under Section 771.078. |
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SECTION 4. Section 771.075, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 771.075. USE OF REVENUE. Except as provided by Section |
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771.0751, 771.0753, 771.072(e), 771.072(f), [or] 771.073(e), or |
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771.082(g), fees and surcharges collected under this subchapter and |
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Subchapter D-1 may be used only for planning, development, |
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provision, and enhancement of the effectiveness of 9-1-1 service as |
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approved by the commission. |
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SECTION 5. Subchapter D, Chapter 771, Health and Safety |
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Code, is amended by adding Section 771.0753 to read as follows: |
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Sec. 771.0753. USE OF PREPAID WIRELESS 9-1-1 EMERGENCY |
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SERVICES FEE IN CERTAIN COUNTIES. (a) This section applies only to |
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the use of fees and surcharges collected under Subchapter D-1 in: |
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(1) the county that has the highest population within |
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a region subject to Subchapter D-1; or |
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(2) a county subject to Subchapter D-1 with a |
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population of at least 700,000. |
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(b) In addition to use authorized or required by this |
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subchapter, fees collected under Subchapter D-1 may be used for any |
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costs considered necessary by the commission and attributable to: |
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(1) designing a 9-1-1 system; or |
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(2) obtaining and maintaining equipment and personnel |
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necessary to establish and operate: |
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(A) a public safety answering point and related |
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operations; or |
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(B) other related answering points and |
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operations. |
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SECTION 6. Sections 771.077(a), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) The comptroller may establish collection procedures to |
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collect past due amounts and may recover the costs of collection |
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from a service provider or business service user that fails to |
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timely deliver the fees and the equalization surcharge to the |
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comptroller. Subtitles A and B, Title 2, Tax Code, apply to the |
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administration and collection of amounts by the comptroller under |
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this subchapter. Section 771.084 applies to the administration and |
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collection of amounts by the comptroller under Subchapter D-1. |
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(d) The comptroller shall: |
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(1) remit to the commission money collected under this |
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section for fees provided by Section 771.0711 and associated late |
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penalties; |
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(2) deposit to the 9-1-1 services fee account any |
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money collected under this section for fees provided by Section |
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771.071 and associated late penalties; [and] |
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(3) deposit to the account as authorized by Section |
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771.072 any money collected under this section for fees provided by |
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Section 771.072 and associated late penalties; and |
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(4) remit to the commission any money collected under |
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this section for fees provided by Section 771.082 and associated |
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late penalties. |
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(e) The commission shall: |
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(1) deposit or distribute the money remitted under |
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Subsection (d)(1) as Section 771.0711 provides for fees received |
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under that section; [and] |
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(2) distribute the money remitted under Subsection |
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(d)(2) and appropriated to the commission under contracts as |
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provided by Section 771.078(b)(1); and |
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(3) deposit or distribute the money remitted under |
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Subchapter D-1 as Section 771.082 provides for fees received under |
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that section. |
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SECTION 7. Section 771.078(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) In making contracts under this section, the commission |
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shall ensure that each regional planning commission receives money |
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for 9-1-1 service in three [two] separately computed amounts as |
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provided by this subsection. The commission must provide each |
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regional planning commission with: |
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(1) an amount of money equal to the total of the |
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revenue from the emergency service fees collected under Section |
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771.071 that is deposited in the treasury and appropriated to the |
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commission multiplied by a fraction, the numerator of which is the |
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amount of those fees collected from the region and the denominator |
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of which is the total amount of those fees collected in this state; |
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[and] |
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(2) an amount of money equal to the total of the |
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revenue from the emergency service fee for wireless |
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telecommunications connections under Section 771.0711 that is |
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deposited in the treasury and appropriated to the commission |
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multiplied by a fraction, the numerator of which is the population |
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of the region and the denominator of which is the population of this |
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state; and |
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(3) an amount of money equal to the total of the |
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revenue from the prepaid wireless 9-1-1 emergency services fee |
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under Section 771.082 that is deposited in the treasury and |
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appropriated to the commission multiplied by a fraction, the |
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numerator of which is the population of the region and the |
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denominator of which is the population of this state. |
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SECTION 8. Section 771.079(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The account consists of: |
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(1) fees deposited in the fund as provided by Sections |
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771.071, [and] 771.0711, and 771.082; and |
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(2) notwithstanding Section 404.071, Government Code, |
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all interest attributable to money held in the account. |
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SECTION 9. Chapter 771, Health and Safety Code, is amended |
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by adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. PREPAID WIRELESS 9-1-1 EMERGENCY SERVICES FEE |
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Sec. 771.081. DEFINITIONS. In this subchapter: |
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(1) "Consumer" means a person who purchases prepaid |
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wireless telecommunications service in a retail transaction. |
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(2) "Prepaid wireless 9-1-1 emergency services fee" |
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means the fee a seller collects from a consumer in the amount |
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required under Section 771.082. |
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(3) "Prepaid wireless telecommunications service" |
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means a wireless telecommunications service that allows a caller to |
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access 9-1-1 emergency communications services that is paid for in |
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advance at the time of purchase and that is sold: |
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(A) in predetermined units or dollars, the number |
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of which declines with use in a known amount; or |
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(B) on a time period basis. |
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(4) "Retail transaction" means an individual purchase |
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of a prepaid wireless telecommunications service from a seller for |
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any purpose other than resale. |
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(5) "Seller" means a person who sells prepaid wireless |
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telecommunications service to any person. The term includes |
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"seller" and "retailer" as defined by Section 151.008, Tax Code. |
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(6) "Wireless telecommunications service" means |
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commercial mobile radio service as defined by 47 C.F.R. Section |
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20.3. |
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Sec. 771.082. PREPAID WIRELESS 9-1-1 EMERGENCY SERVICES |
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FEE. (a) A prepaid wireless 9-1-1 emergency services fee shall be |
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collected by the seller from the consumer at the time of and with |
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respect to each retail transaction of prepaid wireless |
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telecommunications service occurring in this state. The amount of |
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the prepaid wireless 9-1-1 emergency services fee shall be either |
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separately stated on an invoice, receipt, or other similar document |
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that is provided to the consumer by the seller, or otherwise |
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disclosed to the consumer by the seller. |
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(b) The prepaid wireless 9-1-1 emergency services fee is two |
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percent of the cost of each prepaid wireless telecommunications |
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service purchased, regardless of whether the service was purchased |
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in person, by telephone, through the Internet, or by any other |
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method. Each service purchased is a separate item for purposes of |
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calculating a fee under this subsection. |
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(c) For purposes of Subsection (a), a retail transaction |
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that is effected in person by a consumer at a business location of |
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the seller shall be treated as occurring in this state if that |
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business location is in this state. Any other retail transaction, |
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including a transaction over the Internet or via telecommunications |
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service, shall be treated as occurring in this state for purposes of |
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Subsection (a) if the transaction would be treated as occurring in |
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this state under Section 151.061, Tax Code. |
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(d) The prepaid wireless 9-1-1 emergency services fee is the |
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liability of the consumer and not of the seller or of any provider, |
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except that the seller shall be liable to remit all prepaid wireless |
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service fees that the seller collects from consumers as provided by |
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Section 771.084, including all such charges that the seller is |
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deemed to collect where the amount of the charge has not been |
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separately stated on an invoice, receipt, or other similar document |
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provided to the consumer by the seller. |
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(e) The fee imposed under this subchapter is in addition to |
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the taxes imposed under Chapter 151, Tax Code. |
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(f) The amount of the prepaid wireless 9-1-1 emergency |
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services fee that is collected by a seller from a consumer, whether |
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or not such amount is separately stated on an invoice, receipt, or |
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other similar document provided to the consumer by the seller, |
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shall not be included in the base for measuring any tax, fee, |
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surcharge, or other charge that is imposed by this state, any |
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political subdivision of this state, or any intergovernmental |
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agency. |
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(g) A seller may deduct and retain one percent of prepaid |
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wireless 9-1-1 emergency services fees that it collects to offset |
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its costs in administering this fee. |
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Sec. 771.083. EXCEPTIONS TO APPLICABILITY OF CHAPTER AND |
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LIMITATIONS OF LIABILITY. (a) The comptroller shall establish |
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procedures for a seller to document that a sale is not a retail |
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transaction under this subchapter. The procedures shall |
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substantially conform to procedures for documenting a sale for |
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resale under Chapter 151, Tax Code. |
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(b) A provider or seller of prepaid wireless |
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telecommunications service is not liable for damages to any person |
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resulting from or incurred in connection with the provision of, or |
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the failure to provide, 9-1-1 emergency service, or for identifying |
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or failing to identify the telephone number, address, location, or |
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name associated with any person or device that is accessing or |
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attempting to access 9-1-1 emergency service, unless the act or |
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omission proximately causing the claim, damage, or loss constitutes |
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gross negligence, recklessness, or intentional misconduct. |
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(c) A provider or seller of prepaid wireless |
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telecommunications service is not liable for damages to any person |
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resulting from or incurred in connection with the provision of any |
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lawful assistance to any investigative or law enforcement officer |
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of the United States, this or any other state, or any political |
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subdivision of this or any other state in connection with any lawful |
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investigation or other law enforcement activity by such |
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investigative or law enforcement officer unless the act or omission |
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proximately causing the claim, damage, or loss constitutes gross |
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negligence, recklessness, or intentional misconduct. |
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(d) Information that a provider or seller of prepaid |
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wireless telecommunications service is required to furnish to a |
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governmental entity in providing or selling 9-1-1 emergency service |
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is confidential and exempt from disclosure under Chapter 552, |
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Government Code. A provider or seller of prepaid wireless |
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telecommunications service is not liable to any person who uses a |
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9-1-1 emergency service created under this chapter for the release |
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of information furnished by the provider or seller of prepaid |
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wireless telecommunications service in providing or selling 9-1-1 |
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emergency service. Information that is confidential under this |
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section may be released only for budgetary calculation purposes and |
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only in aggregate form so that no provider-specific or |
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seller-specific information may be extrapolated. |
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(e) In addition to the exemption from liability provided by |
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Subsections (b), (c), and (d), each provider and seller of prepaid |
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wireless telecommunications service is entitled to any other |
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exemption from liability under this chapter, if any, that is |
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provided to wireless service providers. |
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Sec. 771.084. APPLICATION OF PROVISIONS OF TAX CODE. |
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Except as otherwise provided by this subchapter: |
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(1) the fee imposed by this subchapter is |
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administered, imposed, collected, and enforced in the same manner |
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as a tax under Chapter 151, Tax Code, is administered, imposed, |
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collected, and enforced; and |
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(2) the provisions applicable to the sales tax imposed |
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under Subchapter C, Chapter 151, Tax Code, apply to the fee imposed |
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by this subchapter. |
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Sec. 771.085. ALLOCATION OF FEE. (a) After deducting an |
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amount not greater than 10 percent of collected charges, as |
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determined under Subsection (c), the comptroller shall deposit the |
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money from the fees imposed by this subchapter, other than |
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penalties and interest, to the credit of the 9-1-1 services fee |
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account in the general revenue fund. Until deposited to the credit |
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of the 9-1-1 services fee account as required by Subsection (b), |
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money the comptroller collects under this subchapter remains in a |
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trust fund with the state treasury. |
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(b) Money collected under this subchapter may be used only |
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for services related to 9-1-1 and emergency services, including |
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automatic number identification and automatic location information |
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services. Not later than the 15th day after the last day of the |
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month in which the money is collected, the commission shall |
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distribute to each emergency communication district that does not |
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participate in the state system a portion of the money that bears |
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the same proportion to the total amount collected that the |
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population in the area served by the district bears to the |
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population of the state. The remaining money collected under this |
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subchapter shall be deposited to the 9-1-1 services fee account in |
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the general revenue fund. |
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(c) The commission shall annually determine by rule the |
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percentage of collected charges, not to exceed 10 percent, that |
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under Subsection (a) shall be deducted by the comptroller and |
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allocated as if collected under Section 771.072. |
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Sec. 771.086. EXCLUSIVITY AND APPLICABILITY OF PREPAID |
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WIRELESS 9-1-1 EMERGENCY SERVICES FEE. (a) The prepaid wireless |
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emergency services fee shall be the only 9-1-1 funding obligation |
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imposed with respect to prepaid wireless telecommunications |
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service in this state, and no tax, fee, surcharge, or other charge |
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shall be imposed by this state, any political subdivision of this |
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state, or any intergovernmental agency, for 9-1-1 funding purposes, |
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on any provider, seller, or consumer with respect to the sale, |
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purchase, use, or provision of prepaid wireless telecommunications |
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service. |
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(b) The emergency service fee for wireless |
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telecommunications connections under Section 771.0711 applies to |
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wireless telecommunications service that is not subject to the |
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prepaid wireless 9-1-1 emergency services fee under this |
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subchapter. |
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SECTION 10. This Act takes effect January 1, 2010. |