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A BILL TO BE ENTITLED
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AN ACT
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relating to fees for emergency first response service provided by |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 783 to read as follows: |
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CHAPTER 783. LOCAL EMERGENCY SERVICE FEES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 783.001. DEFINITION. In this chapter, "first |
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responder" has the meaning assigned by Section 421.095, Government |
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Code. |
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Sec. 783.002. APPLICABILITY. This chapter applies only to |
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a county any part of which is located within 50 miles of an |
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international border. |
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[Sections 783.003-783.050 reserved for expansion] |
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SUBCHAPTER B. IMPOSITION OF LOCAL |
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EMERGENCY SERVICE FEES |
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Sec. 783.051. LOCAL EMERGENCY SERVICE FEES. (a) The |
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commissioners court of a county by order may impose one or more of |
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the following local emergency service fees: |
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(1) a fee on each local exchange access line or |
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equivalent local exchange access line of customers in the county; |
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(2) a fee on each wireless telecommunications |
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connection collected by wireless service providers from wireless |
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service subscribers in the county; and |
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(3) a fee on each prepaid wireless telecommunications |
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service purchased by any method in the county. |
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(b) The local emergency service fees are in addition to the |
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9-1-1 emergency service fees imposed under Sections 771.071, |
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771.0711, and 771.0712 and shall be imposed and collected in the |
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same manner and at the same time as the corresponding 9-1-1 |
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emergency service fees under those sections, except as otherwise |
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provided by this chapter. For purposes of the imposition and |
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collection of the fees, a term used in this chapter and defined by |
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Chapter 771 has the meaning assigned by Chapter 771. |
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Sec. 783.052. ESTABLISHMENT OF AMOUNTS OF FEES. (a) The |
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commissioners court by order shall set the amounts of each local |
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emergency service fee each year as part of the county's annual |
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budget. The amounts may not exceed: |
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(1) 50 cents per month for each local exchange access |
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line or equivalent local exchange access line; |
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(2) 50 cents per month for each wireless |
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telecommunications connection; and |
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(3) two percent of the purchase price of each prepaid |
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wireless telecommunications service purchased. |
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(b) The commissioners court shall notify the comptroller |
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and each affected collector of each fee of a change in the amount of |
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a fee not later than the 91st day before the date the change takes |
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effect. |
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[Sections 783.053-783.100 reserved for expansion] |
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SUBCHAPTER C. DEPOSIT, DISTRIBUTION, AND USE OF REVENUE |
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Sec. 783.101. TRUST ACCOUNT. The comptroller shall |
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deposit the fees collected by the comptroller under this chapter in |
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trust in the separate suspense account of the county from which the |
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fees were collected. |
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Sec. 783.102. DISTRIBUTION OF TRUST FUNDS. At least twice |
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during each state fiscal year and at other times as often as |
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feasible, the comptroller shall send to the county treasurer |
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payable to the county the county's share of the fees collected by |
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the comptroller under this chapter. |
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Sec. 783.103. AMOUNTS RETAINED IN TRUST ACCOUNT. (a) The |
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comptroller may retain in the suspense account of a county a portion |
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of the county's share of the fees collected for the county under |
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this chapter, not to exceed five percent of the amount remitted to |
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the county. If a fee is abolished, the amount that may be retained |
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may not exceed five percent of the final remittance to the county at |
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the time of the termination of the collection of the fee. |
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(b) From the amounts retained in a county's suspense |
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account, the comptroller may make refunds for overpayments to the |
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account and to redeem dishonored checks and drafts deposited to the |
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credit of the account. |
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Sec. 783.104. INTEREST ON FEE REVENUE. Interest earned on |
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all deposits made with the comptroller under this chapter, |
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including interest earned from the suspense accounts retained under |
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Section 783.103, shall be sent at least twice during each state |
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fiscal year, and at other times as often as feasible, to each county |
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treasurer payable to the appropriate county in proportion to that |
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county's share of the fees collected by the comptroller under this |
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chapter. |
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Sec. 783.105. USE OF FEE REVENUE FOR EMERGENCY FIRST |
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RESPONSE SERVICE. (a) The money received by a county under this |
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chapter is for the use and benefit of the county. The county may use |
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the money only to provide for and equip first responders. |
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(b) Money received under this chapter may be used or pledged |
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as security for bonds or other obligations issued by a county for |
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first responder purposes. |
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[Sections 783.106-783.150 reserved for expansion] |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 783.151. RULES. The comptroller shall adopt any |
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necessary rules for the administration, payment, collection, |
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remittance, and enforcement of the fees imposed under this chapter. |
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SECTION 2. This Act takes effect September 1, 2011. |