BILL ANALYSIS |
C.S.H.B. 1972 |
By: Kleinschmidt |
Homeland Security & Public Safety |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties note that existing statutory language relating to the provision of 9-1-1 services and the administration of emergency communications is outdated in light of the public's use of modern communications technologies. Historically, service providers of telecommunications have been provided liability protections consistent with the critical public safety purpose of delivering and responding to 9-1-1 emergency calls. In addition, personal end user identifying information, such as unlisted telephone numbers, of a telecommunications caller obtained from service providers of telecommunications is confidential information under state law. In an effort to update existing language in statutes relating to 9-1-1 service in a technology-neutral manner to address the public's use of modern communications technologies, C.S.H.B. 1972 seeks to revise provisions relating to liability, confidentiality, and the offenses for silent or abusive 9-1-1 calls and interference with emergency calls.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1972 amends the Health and Safety Code to redefine "9-1-1 service," for purposes of statutory provisions relating to state and local administration of emergency communications, to mean a communications service that connects users to a public safety answering point through a 9-1-1 system, rather than a telecommunications service that provides the user of the public telephone system the ability to reach a public safety answering point by dialing 9-1-1. The bill makes provisions regarding the liability of communications service and equipment providers in providing 9-1-1 service apply also to a developer of software used in providing 9-1-1 service, a third party or other entity involved in providing 9-1-1 service, and a director of a service provider, manufacturer, developer, third party, or other entity involved in providing 9-1-1 service. The bill requires the liability provisions to be interpreted to provide protection relating to confidentiality and immunity and protection from liability with at least the same scope and to at least the same extent as described by federal law.
C.S.H.B. 1972 specifies that the governmental entities to which a communications service provider is required to furnish information in providing 9-1-1 services that is confidential and unavailable for public inspection include a regional planning commission, emergency communications district, or public safety answering point and makes this confidentiality apply also to information that a service provider, third party, or other entity voluntarily furnishes at the request of a governmental entity in providing 9-1-1 service. The bill requires the confidentiality provisions to be interpreted to provide protection relating to confidentiality and immunity and protection from liability with at least the same scope and to at least the same extent as described by federal law. The bill removes the specification in the confidentiality provisions that the 9-1-1 service provided is computerized.
C.S.H.B. 1972 establishes that the bill's provisions defining "9-1-1 service" as a communications service and other amendments effective September 1, 2013, do not expand or change the authority or jurisdiction of a public agency or the Commission on State Emergency Communications over commercial mobile service or wireline service including Voice over Internet Protocol service or Internet Protocol enabled service or expand the authority of a public agency or the commission to assess 911 fees. The bill establishes that statutory provisions related to state and local administration of emergency communications do not affect the prohibition against a department, agency, or political subdivision of the state from, by rule, order, or other means, directly or indirectly regulating rates charged for, service or contract terms for, conditions for, or requirements for entry into the market for Voice over Internet Protocol services or other Internet Protocol enabled services.
C.S.H.B. 1972 amends the Penal Code to expand the conduct that constitutes the offense of silent or abusive calls to a 9-1-1 service when there is no emergency to include requesting 9-1-1 service using an electronic communications device. The bill changes the offense of interference with an emergency telephone call to interference with an emergency request for assistance and specifies that the offense applies to placing an emergency call, rather than an emergency telephone call, and includes requesting assistance using an electronic communications device.
C.S.H.B. 1972 repeals Section 772.401, Health and Safety Code.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1972 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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