H.B. No. 3290

AN ACT

relating to the next generation 9-1-1 service fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 771.0713, Health and Safety Code, is amended by amending Subsections (b), (f), and (g) and adding Subsections (c-1), (c-2), and (c-3) to read as follows:

(b) Notwithstanding any other law and except as provided by federal law, the comptroller shall transfer to the credit of the next generation 9-1-1 service fund any amount available from federal money provided to this state from the Coronavirus State and Local Fiscal Recovery Funds under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) or from any other state or federal governmental source for purposes of this chapter, including money appropriated or otherwise credited to the fund. The comptroller shall transfer the money as soon as practicable following:

(1) the receipt by this state of a sufficient amount of federal money for the transfer; or

(2) the effective date of the most recent legislative appropriation for purposes of this chapter.

(c-1) Except as provided by Subsection (c-2), the commission shall distribute from money appropriated to the commission for purposes of this chapter to each emergency communications district that does not participate in the state system a portion of the appropriated money in an amount proportional to the population of the area served by the district compared to the population of this state.

(c-2) For each emergency communication district created under Chapter 772 that is entitled to a portion of the money distributed under Subsection (c-1), the commission shall:

(1) reduce the portion to which that district is entitled by an amount equal to nine percent of that portion and distribute that resulting amount in equal shares to all the emergency communication districts created under Chapter 772; and

(2) distribute to that district the remainder of the portion to which the district is entitled under Subsection (c-1) that is not distributed under Subdivision (1).

(c-3) The remaining money appropriated to the commission for purposes of this chapter that is not otherwise distributed under Subsection (c-1) or (c-2) shall be deposited to the 9-1-1 services fee account.

(f) All money in the fund from the Coronavirus State and Local Fiscal Recovery Funds under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) shall be distributed in accordance with this section not later than August 31, 2024 [December 31, 2022], and all money distributed under this section from the Coronavirus State and Local Fiscal Recovery Funds under Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) shall be spent not later than December 31, 2026 [2024], for the deployment and reliable operation of next generation 9-1-1 service.

(g) This section expires December 31, 2028 [September 1, 2025].

SECTION 2. Section 771.079(b), Health and Safety Code, is amended to read as follows:

(b) The account consists of:

(1) fees deposited in the fund as provided by Sections 771.071 and 771.0711; [and]

(2) money deposited to the account under Section 771.0713(c-3); and

(3) notwithstanding Section 404.071, Government Code, all interest attributable to money held in the account.

SECTION 3. The changes in law made by this Act apply beginning with the state fiscal biennium that begins September 1, 2023.

SECTION 4. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 3290 was passed by the House on April 20, 2023, by the following vote: Yeas 114, Nays 32, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 3290 was passed by the Senate on May 10, 2023, by the following vote: Yeas 27, Nays 3.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor