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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of 9-1-1 services; providing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 771.001(6), Health and Safety Code, is |
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amended to read as follows: |
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(6) "9-1-1 service" means a communications |
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[telecommunications] service that connects users [provides the
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user of the public telephone system the ability] to [reach] a public |
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safety answering point through a [by dialing the digits] 9-1-1 |
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system. |
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SECTION 2. The heading to Section 771.053, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 771.053. STATEWIDE LIMITATION ON LIABILITY OF SERVICE |
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PROVIDERS AND CERTAIN PUBLIC OFFICERS. |
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SECTION 3. Section 771.053, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A service provider of communications |
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[telecommunications] service involved in providing 9-1-1 service, |
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a manufacturer of equipment used in providing 9-1-1 service, a |
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developer of software used in providing 9-1-1 service, a third |
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party or other entity involved in providing 9-1-1 service, or an |
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officer, director, or employee of the [a] service provider, |
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manufacturer, developer, third party, or other entity involved in |
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providing 9-1-1 service is not liable for any claim, damage, or loss |
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arising from the provision of 9-1-1 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) This section shall be interpreted to provide protection |
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relating to confidentiality and immunity and protection from |
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liability with at least the same scope and to at least the same |
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extent as described by federal law, including 47 U.S.C. Section |
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615a and 47 U.S.C. Section 1472. |
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SECTION 4. Section 771.061, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 771.061. STATEWIDE CONFIDENTIALITY OF INFORMATION. |
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(a) Information that a service provider of communications |
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[telecommunications] service is required to furnish to a |
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governmental entity, including a regional planning commission, |
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emergency communications district, or public safety answering |
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point, in providing 9-1-1 service or that a service provider, third |
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party, or other entity voluntarily furnishes at the request of a |
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governmental entity in providing [computerized] 9-1-1 service is |
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confidential and is not available for public inspection. |
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Information that is contained in an address database maintained by |
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a governmental entity or a third party used in providing |
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[computerized] 9-1-1 service is confidential and is not available |
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for public inspection. The service provider or third party is not |
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liable to any person who uses a [computerized] 9-1-1 service for the |
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release of information furnished by the service provider or third |
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party in providing [computerized] 9-1-1 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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(b) Information that a service provider [of
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telecommunications service] furnishes to the commission or an |
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emergency communication district to verify or audit emergency |
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service fees or surcharge remittances and that includes access line |
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or market share information of an individual service provider is |
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confidential and not available for public inspection. |
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(c) This section shall be interpreted to provide protection |
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relating to confidentiality and immunity and protection from |
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liability with at least the same scope and to at least the same |
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extent as described by federal law, including 47 U.S.C. Section |
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615a and 47 U.S.C. Section 1472. |
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SECTION 5. Section 772.001(6), Health and Safety Code, is |
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amended to read as follows: |
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(6) "9-1-1 service" means a communications |
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[telecommunications] service that connects users [through which
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the user of a public telephone system has the ability] to [reach] a |
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public safety answering point through a 9-1-1 system [by dialing
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the digits 9-1-1]. |
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SECTION 6. Sections 42.061(a), (b), and (c), Penal Code, |
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are amended to read as follows: |
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(a) In this section "9-1-1 service" and "public safety |
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answering point" or "PSAP" have the meanings assigned by Section |
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771.001 [772.001], Health and Safety Code. |
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(b) A person commits an offense if the person makes a |
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[telephone] call to a 9-1-1 service, or requests 9-1-1 service |
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using an electronic communications device, when there is not an |
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emergency and knowingly or intentionally: |
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(1) remains silent; or |
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(2) makes abusive or harassing statements to a PSAP |
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employee. |
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(c) A person commits an offense if the person knowingly |
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permits an electronic communications device, including a |
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telephone, under the person's control to be used by another person |
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in a manner described in Subsection (b). |
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SECTION 7. The heading to Section 42.062, Penal Code, is |
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amended to read as follows: |
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Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR |
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ASSISTANCE [TELEPHONE CALL]. |
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SECTION 8. Sections 42.062(a), (b), and (d), Penal Code, |
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are amended to read as follows: |
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(a) An individual commits an offense if the individual |
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knowingly prevents or interferes with another individual's ability |
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to place an emergency [telephone] call or to request assistance, |
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including a request for assistance using an electronic |
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communications device, in an emergency from a law enforcement |
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agency, medical facility, or other agency or entity the primary |
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purpose of which is to provide for the safety of individuals. |
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(b) An individual commits an offense if the individual |
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recklessly renders unusable an electronic communications device, |
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including a telephone, that would otherwise be used by another |
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individual to place an emergency [telephone] call or to request |
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assistance in an emergency from a law enforcement agency, medical |
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facility, or other agency or entity the primary purpose of which is |
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to provide for the safety of individuals. |
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(d) In this section, "emergency" means a condition or |
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circumstance in which any individual is or is reasonably believed |
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by the individual making a [telephone] call or requesting |
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assistance to be in fear of imminent assault or in which property is |
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or is reasonably believed by the individual making the [telephone] |
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call or requesting assistance to be in imminent danger of damage or |
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destruction. |
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SECTION 9. Section 772.401, Health and Safety Code, is |
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repealed. |
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SECTION 10. Section 771.0512, Health and Safety Code, is |
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added to read as follows: |
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Section. 771.0512. OBLIGATIONS OR REQUIREMENTS CONCERNING |
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VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR |
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COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE |
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Defining "9-1-1 service" as a communications service and |
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other amendments effective September 1, 2013 do not expand or |
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change the authority or jurisdiction of a public agency or the |
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commission over commercial mobile service or wireline service |
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including Voice over Internet Protocol service or Internet Protocol |
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enabled service or expend the authority of a public agency or the |
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commission to assess 911 fees. Nothing in this Chapter affects |
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Section 52.002(d), Chapter 52, Texas Utilities Code. In this |
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section "Voice over Internet Protocol service," "Internet Protocol |
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enabled service" and "commercial mobile service" have the meanings |
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assigned by Sections 51.002 and 51.003, Chapter 51, Texas Utilities |
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Code. |
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SECTION 11. Section 772.003, Health and Safety Code, is |
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added to read as follows: |
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Section. 772.003. OBLIGATIONS OR REQUIREMENTS CONCERNING |
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VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR |
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COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE |
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Defining "9-1-1 service" as a communications service and |
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other amendments effective September 1, 2013 do not expand or |
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change the authority or jurisdiction of a public agency or the |
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commission over commercial mobile service or wireline service |
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including Voice over Internet Protocol service or Internet Protocol |
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enabled service or expand the authority of a public agency or the |
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commission to assess 911 fees. Nothing in this Chapter affects |
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Section 52.002(d), Chapter 52, Texas Utilities Code. In this |
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section "Voice over Internet Protocol service," "Internet Protocol |
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enabled service" and "commercial mobile service" have the meanings |
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assigned by Sections 51.002 and 51.003, Chapter 51, Texas Utilities |
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Code. |
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SECTION 12. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 13. This Act takes effect September 1, 2013. |