82R1344 ALL-D
 
  By: Guillen H.B. No. 3717
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to fees for emergency first response service provided by
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
  amended by adding Chapter 783 to read as follows:
  CHAPTER 783.  LOCAL EMERGENCY SERVICE FEES
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 783.001.  DEFINITION.  In this chapter, "first
  responder" has the meaning assigned by Section 421.095, Government
  Code.
         Sec. 783.002.  APPLICABILITY.  This chapter applies only to
  a county any part of which is located within 50 miles of an
  international border.
  [Sections 783.003-783.050 reserved for expansion]
  SUBCHAPTER B.  IMPOSITION OF LOCAL
  EMERGENCY SERVICE FEES
         Sec. 783.051.  LOCAL EMERGENCY SERVICE FEES. (a) The
  commissioners court of a county by order may impose one or more of
  the following local emergency service fees:
               (1)  a fee on each local exchange access line or
  equivalent local exchange access line of customers in the county;
               (2)  a fee on each wireless telecommunications
  connection collected by wireless service providers from wireless
  service subscribers in the county; and
               (3)  a fee on each prepaid wireless telecommunications
  service purchased by any method in the county.
         (b)  The local emergency service fees are in addition to the
  9-1-1 emergency service fees imposed under Sections 771.071,
  771.0711, and 771.0712 and shall be imposed and collected in the
  same manner and at the same time as the corresponding 9-1-1
  emergency service fees under those sections, except as otherwise
  provided by this chapter. For purposes of the imposition and
  collection of the fees, a term used in this chapter and defined by
  Chapter 771 has the meaning assigned by Chapter 771.
         Sec. 783.052.  ESTABLISHMENT OF AMOUNTS OF FEES. (a)  The
  commissioners court by order shall set the amounts of each local
  emergency service fee each year as part of the county's annual
  budget.  The amounts may not exceed:
               (1)  50 cents per month for each local exchange access
  line or equivalent local exchange access line;
               (2)  50 cents per month for each wireless
  telecommunications connection; and
               (3)  two percent of the purchase price of each prepaid
  wireless telecommunications service purchased.
         (b)  The commissioners court shall notify the comptroller
  and each affected collector of each fee of a change in the amount of
  a fee not later than the 91st day before the date the change takes
  effect.
  [Sections 783.053-783.100 reserved for expansion]
  SUBCHAPTER C.  DEPOSIT, DISTRIBUTION, AND USE OF REVENUE
         Sec. 783.101.  TRUST ACCOUNT. The comptroller shall
  deposit the fees collected by the comptroller under this chapter in
  trust in the separate suspense account of the county from which the
  fees were collected.
         Sec. 783.102.  DISTRIBUTION OF TRUST FUNDS.  At least twice
  during each state fiscal year and at other times as often as
  feasible, the comptroller shall send to the county treasurer
  payable to the county the county's share of the fees collected by
  the comptroller under this chapter.
         Sec. 783.103.  AMOUNTS RETAINED IN TRUST ACCOUNT.  (a)  The
  comptroller may retain in the suspense account of a county a portion
  of the county's share of the fees collected for the county under
  this chapter, not to exceed five percent of the amount remitted to
  the county. If a fee is abolished, the amount that may be retained
  may not exceed five percent of the final remittance to the county at
  the time of the termination of the collection of the fee.
         (b)  From the amounts retained in a county's suspense
  account, the comptroller may make refunds for overpayments to the
  account and to redeem dishonored checks and drafts deposited to the
  credit of the account.
         Sec. 783.104.  INTEREST ON FEE REVENUE.  Interest earned on
  all deposits made with the comptroller under this chapter,
  including interest earned from the suspense accounts retained under
  Section 783.103, shall be sent at least twice during each state
  fiscal year, and at other times as often as feasible, to each county
  treasurer payable to the appropriate county in proportion to that
  county's share of the fees collected by the comptroller under this
  chapter.
         Sec. 783.105.  USE OF FEE REVENUE FOR EMERGENCY FIRST
  RESPONSE SERVICE. (a)  The money received by a county under this
  chapter is for the use and benefit of the county.  The county may use
  the money only to provide for and equip first responders.
         (b)  Money received under this chapter may be used or pledged
  as security for bonds or other obligations issued by a county for
  first responder purposes.
  [Sections 783.106-783.150 reserved for expansion]
  SUBCHAPTER D. ENFORCEMENT
         Sec. 783.151.  RULES.  The comptroller shall adopt any
  necessary rules for the administration, payment, collection,
  remittance, and enforcement of the fees imposed under this chapter.
         SECTION 2.  This Act takes effect September 1, 2011.