By: Eltife, et al. S.B. No. 788
 
  (Paddie)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring direct access to 9-1-1 service from certain
  telephone systems and equivalent systems that use Internet Protocol
  enabled services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as Kari's Law.
         SECTION 2.  Subtitle B, Title 9, Health and Safety Code, is
  amended by adding Chapter 771A to read as follows:
  CHAPTER 771A. ACCESS TO EMERGENCY COMMUNICATIONS SERVICES IN
  GENERAL
         Sec. 771A.001.  DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED.  
  (a)  In this chapter:
               (1)  "9-1-1 service" means a communications service
  that connects users to a public safety answering point through a
  9-1-1 system.
               (2)  "Business service user" means a user of business
  service that provides telecommunications service, including 9-1-1
  service, to end users through a publicly or privately owned or
  controlled telephone switch.
               (3)  "Commission" means the Commission on State
  Emergency Communications.
               (4)  "Emergency communication district" means:
                     (A)  a public agency or group of public agencies
  acting jointly that provided 9-1-1 service before September 1,
  1987, or that had voted or contracted before that date to provide
  that service; or
                     (B)  a district created under Subchapter B, C, D,
  F, or G, Chapter 772.
               (5)  "Internet Protocol enabled service" has the
  meaning assigned by Section 51.002, Utilities Code.
               (6)  "Telephone system" includes a multiline telephone
  system.
         (b)  This section applies to the extent the section is not
  inconsistent with or preempted by federal law.
         (c)  Notwithstanding any other law, a business service user
  that owns or controls a telephone system or an equivalent system
  that uses Internet Protocol enabled service and provides outbound
  dialing capacity or access shall configure the telephone system or
  equivalent system to allow a person initiating a 9-1-1 call on the
  system to directly access 9-1-1 service by dialing the digits 9-1-1
  without an additional code, digit, prefix, postfix, or trunk-access
  code.
         (d)  A business service user that provides residential or
  business facilities, owns or controls a telephone system or an
  equivalent system that uses Internet Protocol enabled service, and
  provides outbound dialing capacity or access shall configure the
  telephone system or equivalent system to provide a notification to
  a central location on the site of the residential or business
  facility when a person within the residential or business facility
  dials 9-1-1 if the system is able to be configured to provide the
  notification without an improvement to the system's hardware.  This
  subsection does not require a business service user to have a person
  available at the central location to receive a notification.
         (e)  The commission or the applicable emergency
  communication district shall grant a one-year waiver of the
  requirements under this section to a business service user if:
               (1)  the requirements would be unduly and unreasonably
  cost prohibitive for a business service user to comply with; and
               (2)  the business service user provides an affidavit
  not later than September 1 of each year stating:
                     (A)  the manufacturer and model number of the
  telephone system or equivalent system that needs to be reprogrammed
  or replaced;
                     (B)  that the business service user made a good
  faith attempt to reprogram or replace the system; and
                     (C)  if the telephone system or equivalent system
  does not comply with Subsection (c), that the business service user
  agrees to place an instructional sticker immediately adjacent to
  each telephone that is accessed using the noncompliant system
  indicating that during the waiver period the telephone is unable to
  directly dial 9-1-1 and providing instructions for accessing 9-1-1
  in case of an emergency.  The instructional sticker must be printed
  in at least 16-point boldface type in a contrasting color using a
  font that is easily readable.
         (f)  The commission may adopt rules to implement this section
  for areas that are governed by a regional plan, and an emergency
  communication district may adopt those rules in accordance with
  Section 771.062.
         (g)  On the request of the business service user, the
  commission, an emergency communication district, or a home-rule
  municipality that independently operates a 9-1-1 system shall
  provide assistance to a business service user that is within the
  applicable governmental entity's jurisdiction in complying with
  this section.
         SECTION 3.  A business service user, as defined by Section
  771A.001(a), Health and Safety Code, as added by this Act, shall
  comply with Section 771A.001, Health and Safety Code, as added by
  this Act, not later than September 1, 2016.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.