PROPOSED NEW RULE 251.2 and AMENDMENTS TO RULE251.6
The Advisory Commission on State EmergencyCommunications proposes new 251.2, concerning guidelines forchanging or extending 9-1-1 service arrangements and an amendmentto 251.6, concerning guidelines for Strategic Plans, Amendments,and Equalization Surcharge Allocation. These sections provideguidelines for changing or extending 9-1-1 service arrangementsin the new competitive and fast-changing telecommunicationsenvironment. The new section provides guidelines to ensure thatchanging or extending service arrangements does not degrade theprovision of the highest level of 9-1-1 service or fail toaddress technical or cost issues that may result from the newtelecommunications environment. The amended section incorporatesthe new section into the existing guidelines for strategic plans,amendments, and equalization surcharge allocation.
James D. Goerke, Executive Director, hasdetermined that for each year of the first hoe years the new andamended sections are in effect any fiscal impact to state orlocal governments will be covered by emergency service feesand/or equalization surcharges.
James D. Goerke, Executive Director, hasdetermined that for each year of the first five years the new andamended sections are in effect the public benefit as a result ofthe section will be the better and more orderly implementation ofchanges and extensions of service arrangements in the newtelecommunications environment There are no economic costs topersons (e.g. service providers) required to comply with thissection. Furthermore, this section will better inform serviceproviders wanting to make proposals that change or extend servicearrangement of the criteria for such proposals.
Comments may be submitted within 30 days afterpublication in the Texas Register and reply comments within 15days thereafter to James D. Goerke, Executive Director, AdvisoryCommission on State Emergency Communications, 333 GuadalupeStreet, Suite 2212, Austin, Texas 78701, (512) 305-6911.
The amendment is proposed under Health andsafety Code, Chapter 771, 771.051, 771.055, 771.056, 771 059,which provide the Advisory Commission on State EmergencyCommunications with the authority to administer theimplementation of statewide 9-1-1 service, to develop minimumperformance standards for 9-1-1 service to be followed indeveloping regional plans, and to allocate money for theoperation of 9-1-1 service.
251.2 Guidelines for Changing or Extending9-1-1 Service Arrangements
(a) Definitions When used in this rule, thefollowing words and terms shall have the meanings Identified inparagraphs (1)-(5) of this subsection, unless the context of theword or term clearly indicates otherwise.
(1) Automatic Number Identification(ANI)—A system which permits the identification of thecaller’s telephone number. For purposes of this rule, the termhas the same meaning as in 47 C.F.R § 20.18.
(2) Emergency Communications District — Apublic agency or group of public agencies acting jointly thatprovided 9-1-1 service before September 1, 1987, or that hadvoted or contracted before that date to provide that service; ora district created under Texas Health and Safety Code, Chapter772, Subchapters B C, D, or E.
(3) Pseudo Automatic Number Identification(Pseudo ANI) – A system which identifies the location of the basestation or cell site through which a mobile call originates. Forpurposes of this rule, the term has the same meaning as in 47C.F.R § 20.18.
(4) Regional Plan—A plan for theestablishment and operation of 9-1-1 service throughout theregion that regional planning commissions serves. The plan mustmeet the standards established by and be amended in accordancewith the standards established by the Advisory Commission onState Emergency Communications.
(5) Regional Planning Commission — Acommission established under Local Government Code, Chapter 391,also referred to as a regional council of governments (COG).
(b) Policy and Procedures. As authorized byHealth and Safety Code, Chapter 771, the Advisory Commission onState Emergency Communications (ACSEC) may impose 9-1-1 emergencyservice fees and equalization surcharges to support the planning,development, and provision of 9-1-1 service throughout the Stateof Texas. ACSEC is responsible for administering theimplementation of statewide 9-1-1 service. ACSEC is alsoresponsible for minimum performance standards for the operationof 9-1-1 service to be followed in developing regional plans. Oneof the most fundamental components of any 9-1-1 service operationand any regional plan is how the 9-1-1 service will be providedby the service provider(s) directly connecting to the PublicSafety Answering Point (PSAP). Changing the tandem and/ordatabase Service arrangements for direct connection to the PSAP,adding additional tandem and/or database service providers, orextending current service arrangements for a fixed period maypotentially adversely effect the level, quality, and costs of9-1-1 service. Changing the tandem and/or database servicearrangements for direct connection to the PSAP, adding additionaltandem and/or database service providers, or extending currentservice arrangements for a fixed period may also potentiallyadversely effect other service providers that rely on anotherservice provider for interconnection to the PSAP (e.g., otherservice providers need to know which provider to send AutomaticNumber Identification (ANI) information and Automatic LocationInformation (ALI) records, the format for ALI records, theprocedures for modifying 9-1-1 database information, and how9-1-1 service will be provided to their end-user customers). Itis the policy of ACSEC that the highest level of 9-1-1 emergencyservice continue to be provided notwithstanding the newcompetitive telecommunications environment. Therefore, anyagreement by a regional planning commission with a serviceprovider to change or to extend 9-1-1 service arrangements for afixed period must be made contingent upon final approval of aregional plan amendment. For emergency communication districtsrequesting 9-1-1 funds in accordance with established rules andprocedures for 9-1-1 service arrangements, the extent to whichthe guidelines below are satisfied may be considered inallocating equalization surcharges.
(c) Guidelines
(1) Changes or extensions of 9-1-1 servicearrangements must include the following:
(A) The service provider making the proposal tothe regional planning commission or emergency communicationsdistrict verifies in writing, as part of the proposed agreement,that:
(i) Reasonable notice of the proposal (i.e., atleast 10 days before a joint planning meeting) has been providedto the current service provider (if a change in service providersis involved) and to other potentially affected service providers.The service provider also verifies that at least one jointplanning meeting occurred with at least 10 days notice to allaffected service providers that they may participate in the jointplanning meeting.
(ii) As a result of the joint planning meetingeither (1) each technical issue or objection by other serviceproviders has fully been resolved or (2) an impartial statementof each unresolved issue or objection (A joint planning meetingis open to evaluate all alternatives and is not limited to adiscussion of one service provider’s proposal.)
(iii) An inventory of each affected exchange,central office, and tandem has been provided to all affectedservice providers involved.
(iv) An itemization of all costs under theproposal and an itemized comparison with all costs under currentrates (e.g., itemized list and comparison of all charges for eachlevel of service, for all database service, etc.).
(v) Any and all changes in E9-1-1 or 9-1-1service features (i.e., all additional service features orreductions in service features that may result from the proposal)must be clearly specified. The service provider must also explainthe justifications for any and all changes and why those changesdo not degrade the level of 9-1-1 service and are consistent withproviding the highest level of 9-1-1 service to all customers.
(vi) The service provider takes fullresponsibility to professionally and timely coordinate all 9-1-1service changes and modifications with all service providers andprivate switch providers involved in the geographic area, andthat any necessary new or modified interconnection agreementsrelating to 9-1-1 service will be approved by the Public UtilityCommission of Texas before the effective date of the proposedagreement and as necessary thereafter.
(vii) The proposal includes a statement of workto be performed that includes:
(I) an implementation schedule;
(II) diagrams of all proposed changes;
(III) how testing will occur and becoordinated;
(IV) how interfaces with other serviceproviders will be accomplished and coordinated;
(V) an explanation of everything necessary forimplementation;
(VI) a schedule of everything necessary fordatabase service implementation, including Emergency ServiceNumber (ESNs) assignments and Master Street Address Guide (MSAG)revisions and distribution to other service providers; and
(VII) an explanation of any potential CustomerPremises Equipment (CPE) impacts.
(VIII) The proposal provides for serviceproviders that are wireless carriers to be able to pass ANI andPseudo ANI or that on request any modifications necessary to passANI and Pseudo ANI by the Federal Communications Commission’seighteen month deadline in 47 C F.R § 20.18(d) \will not requireadditional rates or charges to any PSAP, 9-1-1 entity, or anywireless carrier.
(IX) The proposal provides for arid enableslong-term number portability or that any modifications necessaryfor long-term number portability will not require additionalrates or charges to any PSAP or 9-1-1 entity.
(X) The proposal provides that there will be noadditional costs to any PSAP or 9-1-1 entity for anymodifications necessary during the period of the agreementbecause of Number Plan Area (NPA) splits and/or existing tandemor other network limitations.
(XI) The proposal provides that there will beno additional costs to any PSAP or 9-1-1 entity to maintain thecurrent level of E9-1-1 service, except as specifically set forthin an itemized list that is part of the proposed agreement.
(XII) No further agreement by the regionalplanning commission is necessary to implement the proposal (e g.,the service provider and not the regional planning commission isresponsible for any and all coordination with other parties orservice providers that may be necessary to implement theproposal).
(XIII) A most favored nation provision (i.e. Enprovision that requires the best price provided to any otherentity in Texas for comparable service) is included in theagreement and the service provider will automatically reduce therates and charges in the agreement if comparable service isoffered in Texas at a lower rate or charge by that serviceprovider to any other PSAP or 9-1-1 entity.
(XIV) The service provider will comply with allACSEC and Public Utility Commission of Texas rules or regulationsrelating to 9-1-1 service.
(B) The regional planning commission requestingthe plan amendment verifies in writing, as part of the proposedplan amendment, that:
(i) Competitive procurement procedures wereused or an explanation of the applicability of an exception tocompetitive procurement requirements.
(ii) All neighboring or adjacent 9-1-1 entitiesthat could potentially be affected by the requested planamendment have been provided a copy of the plan amendment eitherbefore or concurrently with the filing of the plan amendment withthe ACSEC.
(2) Emergency communication districtsrequesting 9-1-1 funds in accordance with established rules andprocedures for 9-1-1 service arrangements shall ensure that anychanges or extensions of service arrangements meet or exceed theguidelines for regional planning commissions in this section.
(3) Annual budgeted costs associated with 9-1-1service arrangements shall be monitored by he ACSEC staff forconsistency with this section Such costs that are determined bythe ACSEC staff to not be consistent with this section shall bereviewed by the commission.
This agency hereby certifies that the proposalhas been reviewed by legal counsel and found to be within theagency’s authority to adopt.
PROPOSED AMENDMENTS TO RULE 251.6
*251.6, Guidelines for Strategic Plans,Amendments, and Equalization Surcharge Allocation
(a) (No change) (b) (No change) (c) (No change)(d) (No change) (e) (No change) (f) Funding Parameters. TheCommission will look favorably on plan amendments for tandemand/or database service arrangements and nets ancillary equipmentthat will improve the effectiveness and reliability of 9-1-1 calldeliver systems. This will include the following when theequipment is 9-1-1 call delivery: surge protection devices,uninterrupted popover source (UPS), power backup, voicerecorders, paging systems for 9-1-1 call delivery, securitydevices, and other backup communication services. (1) (No change)(2) (No change) (9) (No change) (h) (No change)
This agency hereby certifies that the proposalhas been reviewed by legal counsel and found to be within theagency’s authority to adopt.
Issued in Austin, Texas on
James D. Goerke
Executive Director
Advisory Commission on State EmergencyCommunications
PROPOSED AMENDMENT TO RULE 251.1
The Advisory Commission on State EmergencyCommunications proposes an amendment to 251.1, concerningregional plans for 9-1-1 service. 251.1 defines the minimumperformance standards for regional plans. The amendment providesthat all 9-1-1 calls from wireless telephone systems must beaccepted as 9-1-1 calls (e.g., no seven or ten digit screeningnumbers), and specifically includes Automatic NumberIdentification (ANI) and Pseudo ANI as a minimum standard forwireless 9-1-1 calls by no later than the eighteen month deadlinespecified by the Federal Communications Commission in 47 C.F.R§20.18(d). (Automatic Number Identification is a system whichpermits the identification of the caller’s telephone number.Pseudo ANI is a system which identifies the location of the basestation or cell site through which a mobile call originates.) Forpurposes of this rule, the terms ANI and Pseudo ANI have the samemeaning as in 47 CFR §20.18. The amendment also deletes areference to repealed rule 251.2.
James D. Goerke, Executive Director, hasdetermined that for each year of the first five years the sectionis in effect any fiscal impact to state or local governments willbe covered by 9-1-1 emergency service fees and/or equalizationsurcharges.
James D. Goerke, Executive Director, hasdetermined that for each year of the first five years the sectionis in effect the public benefit as a result of the section willbe the better delivery of 9-1-1 emergency service because PSAPcall-takers will have call-back number information for wireless9-1-1 calls. There are no economic costs to persons (e.g. serviceproviders) required to comply with this section because theFederal Communications Commission requires cost recovery forservice providers required to comply with this section.Furthermore, service providers will benefit by the betterdelivery of 9-1-1 emergency service to wireless callers
Comments may be submitted within 30 days ofpublication in the Texas Register and reply comments within 15days thereafter to James D. Goerke, Executive Director, AdvisoryCommission on State Emergency Communications, 333 GuadalupeStreet, Suite 2-212, Austin, Texas 78701, (512) 305-6911.
The amendment is proposed under Health andSafety Code, Chapter 771, 771.051, 771 055, 771.056, 771.059,which provides the Advisory Commission on State EmergencyCommunications with the authority to administer theimplementation of statewide 9-1-1 service and to develop minimumperformance standards for 9-1-1 service to be followed indeveloping regional plans.
251.1, Regional Plans for 9-1-1 Service
(a) (No change)
(b) (No change)
A regional plan may be amended according toprocedure, established by the Advisory Commission on StateEmergency Communications [outlined in § 251.2 of this title(relating to Guidelines for Regional Plan Amendments)].
(d) (No change)
(e) All plans for 9-1-1 service must include atleast the following.
(1) (No change)
(2) (No change)
(3) (No change)
(4) (No change)
(5) (No change)
(6) (No change)
(7) (No change)
(8) (No change)
(9) All 9-1-1 service systems must acceptemergency calls from wireless (mobile) telephone systemsoperating within the 9-1-1 service area as 9-1-1 calls (e.g., noseven or ten digit screening numbers). All 9-1-1 service systemsmust immediately request from service providers in the geographicarea that a wireless caller’s ANI and the location of the base stationor cell site receiving a 9-1-1 call be provided through theuse of Pseudo ANI and ANI by no later than the eighteen monthdeadline specified by the Federal Communications Commission in 47C.F R. § 20.18(d). The terms ANI and Pseudo ANI have the samemeanings as in 47 C.F.R § 20.18. All 9-1-1 service systems mustbe capable of receiving the data elements associated with thisservice by no later than the eighteen month deadline specified in47 C.F.R. § 20.18(d) (f)-(h) (No change)
WIRELESS LEGISLATION FOR THESTATE OF TEXAS
TEXAS 75TH LEGISLATURE – REGULARSESSION
HOUSE BILL 1668
A BILL TO BE ENTITLED
AN ACT
relating to the fees imposed to fund 9-1-1services and regional poison control centers and to the oversightof the collection and use of those fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATEOF TEXAS:
SECTION 1. Subchapter D, Chapter 771, Healthand Safety Code, is amended by adding Section 771.0725 to read asfollows:
SEC 771.0725. ESTABLISHMENT OF RATES FORFEES. (A) SUBJECT TO THE APPLICABLE LIMITATIONS PRESCRIBED BYSECTIONS 771.071 (B) AND 771.072(B). (D). AND (E). THE PUBLICUTILITY COMMISSION OF TEXAS SHALL ESTABLISH THE RATES OF:
(1) THE EMERGENCY SERVICE FEE IMPOSED UNDERSECTION 771.071; AND
(2) THE EQUALIZATION SURCHARGE IMPOSED UNDERSECTION 771.072. INCLUDING THE ALLOCATION OF REVENUE UNDERSECTIONS 771.072(D) AND (E).
(B) THE PUBLIC UTILITY COMMISSION OF TEXASMAY ESTABLISH THE FEE IMPOSED UNDER SECTION 771.071 IN ADIFFERENT AMOUNT IN EACH REGIONAL PLANNING COMMISSION REGIONBASED ON THE COST OF PROVIDING 9-1-1 SERVICE TO EACH REGION.
(C) EACH YEAR THE ADVISORY COMMISSION SHALLRECOMMEND TO THE PUBLIC UTILITY COMMISSION OF TEXAS THE RATE ATWHICH EACH FEE SHOULD BE IMPOSED AND THE ALLOCATION OF REVENUEUNDER SECTIONS 771.072(D) AND (E). THE ADVISORY COMMISSION MAYMAKE ADDITIONAL RECOMMENDATIONS UNDER THIS SUBSECTION AT ANY TIMEIF THE ADVISORY COMMISSION DETERMINES THAT ACTION IS NECESSARY.
(D) THE PUBLIC UTILITY COMMISSION OF TEXASSHALL ESTABLISH EACH FEE AT THE RATE RECOMMENDED BY THE ADVISORYCOMMISSION AND MAKE THE ALLOCATIONS IN THE MANNER RECOMMENDED BYTHE ADVISORY COMMISSION UNLESS THE COMMISSION DETERMINES THAT ARECOMMENDED RATE OR ALLOCATION IS NOT APPROPRIATE. IF THE PUBLICUTILITY COMMISSION OF TEXAS DETERMINES THAT A RECOMMENDED RATE ORALLOCATION IS NOT APPROPRIATE. THE COMMISSION SHALL:
(1) ESTABLISH THE RATE AT THE LEVEL OR MAKETHE ALLOCATION IN THE MANNER THE COMMISSION DETERMINES ISAPPROPRIATE: AND
(2) STATE THE REASON FOR THAT DETERMINATION.
(E) THE COMMISSION MAY ESTABLISH A RATE ORALLOCATION UNDER THIS SECTION IN AN INFORMAL PROCEEDING. ARECOMMENDED CHANGE IN A RATE OR ALLOCATION IS NOT A RATE CHANGEFOR PURPOSES OF SUBTITLE E. TITLE II. PUBLIC UTILITY REGULATORYACT OF 1995 (ARTICLE 1446C-0, VERNON’S TEXAS CIVIL STATUTES).
SECTION 2. Section 771.076, Health and Safety Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:
(b) IF THE COMPTROLLER CONDUCTS AN AUDIT OFA SERVICE PROVIDER THAT COLLECTS AND DISBURSES FEES OR SURCHARGESUNDER THIS SUBCHAPTER. THE COMPTROLLER MAY ALSO AUDIT THOSECOLLECTIONS AND DISBURSEMENTS TO DETERMINE IF THE PROVIDERCOMPLYING WITH THIS CHAPTER.
(C) AT LEAST ONCE EVERY FOUR YEARS. THESTATE AUDITOR SHALL AUDIT EACH REGIONAL PLANNING COMMISSION OROTHER PUBLIC AGENCY DESIGNATED BY THE REGIONAL PLANNINGCOMMISSION THAT RECEIVES MONEY UNDER THIS SUBCHAPTER.
(D) The audit of a service provider UNDERSUBSECTION (A) must be limited to the collection andremittance of money collected under this subchapter. The audit ofa public agency UNDER SUBSECTION (A) OR (C) must belimited to the collection, remittance, and expenditure of moneycollected under this subchapter.
SECTION 3. Not later than January 1, 1998, thePublic Utility Commission of Texas shall:
(1) review the rates of the emergency servicefee imposed under Section 771.071, Health and Safety Code and theequalization surcharge imposed under Section 771.072, Health andSafety Code, including the allocation of revenue under Sections771.072(d) and (e); and
(2) establish the rates of those fees and themanner of allocation.
SECTION 4. (a) The state auditor shall auditeach regional planning commission or other public agencydesignated by the regional planning commission that receivesmoney under Chapter 771, Health and Safety Code.
(b) The state auditor shall prepare a writtenreport regarding the audits that includes:
(1) projections of the continuing need formoney to maintain and enhance 9-1-1 services in this state; and
(2) potential alternatives that couldstrengthen the state’s emergency and trauma services.
(c) Not later then January 15, 1999, the stateauditor shall:
(1) complete the audits required by Subsection(a) of this section; and
(2) submit to the governor and the legislaturethe report required by Subsection (b) of this section.
SECTION 5. Section 771.071 (c), Health andSafety Code, is repealed.
SECTION 6. The importance of this legislationand the crowded condition of the calendars in both houses createan emergency and an imperative public necessity that theconstitutional rule requiring bills to be read on three severaldays in each house be suspended, and this rule is herebysuspended, and that this Act take effect and be in force from andafter its passage, and it is so enacted.
WIRELESS LEGISLATION FOR THESTATE OF TEXAS
TEXAS 75TH LEGISLATURE –REGULAR SESSION
HOUSE BILL 2129
BILL TO BE ENTITLED
AN ACT
relating to the administration and financing ofwireless service providers of 9-1-1 service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATEOF TEXAS:
SECTION 1. Section 771.001, Health and SafetyCode, is amended by adding Subdivisions (12) and (13) to read asfollows:
(12) “WIRELESS SERVICE PROVIDER”MEANS A PROVIDER OF COMMERCIAL MOBILE SERVICE UNDER SECTION332(D), FEDERAL TELECOMMUNICATIONS ACT OF 1996 (47 U.S.C. SECTION151 ET SEQ.). FEDERAL COMMUNICATIONS COMMISSION RULES, AND THEOMNIBUS BUDGET RECONCILIATION ACT OF 1993 (PUBLIC LAW 103-66) ANDINCLUDES A PROVIDER OF WIRELESS TWO-WAY COMMUNICATION SERVICE,RADIO-TELEPHONE COMMUNICATIONS RELATED TO CELLULAR TELEPHONESERVICE, PERSONAL COMMUNICATION SERVICE. NETWORK RADIO ACCESSLINES OR THE EQUIVALENT, AND PERSONAL COMMUNICATION SERVICE. THETERM DOES NOT INCLUDE A PROVIDER OF:
(A) A SERVICE WHOSE USERS DO NOT HAVE ACCESSTO 9-1-1 SERVICE:
(B) A COMMUNICATION CHANNEL USED ONLY FORDATA TRANSMISSION:
(C) A WIRELESS ROAMING SERVICE OR OTHERNONLOCAL RADIO ACCESS LINE SERVICE; OR
(D) A PRIVATE TELECOMMUNICATIONS SERVICE.
(13) “WIRELESS TELECOMMUNICATIONSCONNECTION” MEANS ANY WIRELESS COMMUNICATION MOBILE STATIONTHAT CONNECTS A WIRELESS SERVICE PROVIDER TO THE LOCAL EXCHANGESERVICE PROVIDER.
SECTION 2. Subchapter D, Chapter 771, Healthand Safety Code, is amended by adding Section 771.0711 to read asfollows:
SEC. 771.0711. EMERGENCY SERVICE FEE FORWIRELESS TELECOMMUNICATIONS CONNECTIONS. (A) THE ADVISORYCOMMISSION SHALL IMPOSE ON EACH WIRELESS TELECOMMUNICATIONSCONNECTION A 9-1-1 EMERGENCY SERVICE FEE. A POLITICAL SUBDIVISIONMAY NOT IMPOSE ANOTHER FEE ON A WIRELESS SERVICE PROVIDER ORSUBSCRIBER FOR 9-1-1 EMERGENCY SERVICE.
(B) THE ADVISORY COMMISSION SHALL SET THEAMOUNT OF THE FEE AFTER CONSULTATION WITH A COORDINATINGCOMMITTEE COMPOSED OF REPRESENTATIVES OF HOME-RULEMUNICIPALITIES. EMERGENCY COMMUNICATION DISTRICTS CREATED UNDERCHAPTER 772. AND REPRESENTATIVES OF THE WIRELESS SERVICEINDUSTRY. THE FEE MAY NOT EXCEED .35 CENTS PER MONTH FOR EACHWIRELESS TELECOMMUNICATIONS CONNECTION PROVIDED TO A SUBSCRIBER.THE FEE IS NOT SUBJECT TO ANY LOCAL OR STATE TAX.
(C) A WIRELESS SERVICE PROVIDER SHALLCOLLECT THE FEE FROM ITS SUBSCRIBERS AND SHALL
PAY THE MONEY COLLECTED TO THE ADVISORYCOMMISSION NOT LATER THAN THE 60TH DAY AFTER THE LAST DAY OF THEMONTH DURING WHICH THE FEES WERE COLLECTED. THE WIRELESS SERVICEPROVIDER MAY RETAIN AN ADMINISTRATIVE FEE SET BY THE ADVISORYCOMMISSION. MONEY THE ADVISORY COMMISSION COLLECTS UNDER THISSUBSECTION IS FROM LOCAL FEES AND THE MONEY REMAINS OUTSIDE THESTATE TREASURY. THE ADVISORY COMMISSION SHALL SET THEADMINISTRATIVE FEE UNDER THIS SUBSECTION AT NOT LESS THANONE-HALF OF ONE PERCENT AND NOT MORE THAN TWO PERCENT.
(D) MONEY COLLECTED UNDER SUBSECTION (C) MAYBE USED ONLY FOR SERVICES RELATED TO
9-1-1 SERVICES, INCLUDING AUTOMATIC NUMBERIDENTIFICATION AND AUTOMATIC LOCATION INFORMATION SERVICES. THEADVISORY COMMISSION SHALL:
(1) DISTRIBUTE TO EACH EMERGENCYCOMMUNICATION DISTRICT OF A HOME-RULE MUNICIPALITY OR EMERGENCYCOMMUNICATION DISTRICT CREATED UNDER CHAPTER 772 A PORTION OF THEMONEY THE ADVISORY COMMISSION RECEIVES UNDER SUBSECTION (C) THATBEARS THE SAME PROPORTION TO THE TOTAL AMOUNT COLLECTED THAT THEPOPULATION OF THE AREA SERVED BY THE DISTRICT BEARS TO THE TOTALPOPULATION OF THE STATE: AND
(2) RETAIN THE MONEY REMAINING AFTER THEADVISORY COMMISSION’S DISTRIBUTIONS UNDER SUBDIVISION (1) FOR USEUNDER THIS CHAPTER.
(E) A WIRELESS SERVICE PROVIDER OFTELECOMMUNICATIONS SERVICE INVOLVED IN PROVIDING 9-1-1 SERVICE, AMANUFACTURER OF EQUIPMENT USED IN PROVIDING 9-1-1 SERVICE, OR ANOFFICER OR EMPLOYEE OF A WIRELESS SERVICE PROVIDER INVOLVED INPROVIDING 9-1-1 SERVICE IS NOT LIABLE FOR ANY CLAIM, DAMAGE, ORLOSS ARISING FROM THE PROVISION OF 9-1-1 SERVICE UNLESS THE ACTOR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSSCONSTITUTES GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONALMISCONDUCT.
(F) WIRELESS SERVICE PROVIDER IS NOTREQUIRED TO TAKE LEGAL ACTION TO ENFORCE THE COLLECTION OF ANYWIRELESS 9-1-1 SERVICE FEE. THE ADVISORY COMMISSION MAY ESTABLISHCOLLECTION PROCEDURES AND RECOVER THE COST OF COLLECTION FROM THESUBSCRIBER LIABLE FOR THE FEE. THE ADVISORY COMMISSION MAYINSTITUTE LEGAL PROCEEDINGS TO COLLECTA FEE AND IN THOSE PROCEEDINGS ISENTITLED TO RECOVER FROM THE SUBSCRIBER COURT COSTS, ATTORNEY’SFEES, AND INTEREST ON THE AMOUNT DELINQUENT. THE INTEREST ISCOMPUTED AT AN ANNUAL RATE OF 12 PERCENT BEGINNING ON THE DATETHE FEE BECOMES DUE.
(G) ON RECEIPT OF AN INVOICE FROM A WIRELESSSERVICE PROVIDER FOR EXPENSES FOR NETWORK FACILITIES ANDADMINISTRATION, INCLUDING EQUIPMENT. INSTALLATION, MAINTENANCE,AND ASSOCIATED IMPLEMENTATION COSTS, THE ADVISORY COMMISSION ORAN EMERGENCY SERVICES DISTRICT OF A HOME-RULE MUNICIPALITY OR ANEMERGENCY COMMUNICATION DISTRICT CREATED UNDER CHAPTER 772 SHALLREIMBURSE THE WIRELESS SERVICE PROVIDER FOR ALL EXPENSES RELATEDTO 9-1-1 SERVICE.
(H) INFORMATION THAT A WIRELESS SERVICEPROVIDER IS REQUIRED TO FURNISH TO A GOVERNMENTAL ENTITY INPROVIDING 9-1-1 SERVICE IS CONFIDENTIAL AND EXEMPT FROMDISCLOSURE UNDER CHAPTER 552, GOVERNMENT CODE. THE WIRELESSSERVICE PROVIDER IS NOT LIABLE TO ANY PERSON WHO USES A 9-1-1SERVICE CREATED UNDER THIS SUBCHAPTER FOR THE RELEASE OFINFORMATION FURNISHED BY THE WIRELESS SERVICE PROVIDER INPROVIDING 9-1-1 SERVICE. INFORMATION THAT IS CONFIDENTIAL UNDERTHIS SECTION MAY BE RELEASED ONLY FOR BUDGETARY CALCULATIONPURPOSES, AND ONLY IN AGGREGATE FORM SO THAT NO PROVIDER-SPECIFICINFORMATION MAY BE EXTRAPOLATED.
(I) THIS SECTION DOES NOT:
(1) REGULATE THE RATES OF A WIRELESS SERVICEPROVIDER: OR
(2) PROHIBIT A WIRELESS SERVICE PROVIDERFROM CHARGING A SUBSCRIBER FOR ANY WIRELESS SERVICE OR FEATURE.
SECTION 3. This Act takes effect September 1,1997.
SECTION 4. The Advisory Commission on StateEmergency Communications shall impose the 9-1-1 emergency servicefee required under Section 771.0711, Health and Safety Code, asadded by this Act, in the initial amount of 25 cents a month foreach wireless telecommunications connection not later thanSeptember 1, 1998. The initial amount remains in effect untilmodified by the advisory commission in accordance with Section771.0711, Health and Safety Code.
SECTION 5. The importance of this legislationand the crowded condition of the calendars in both houses createan emergency and an imperative public necessity that theconstitutional rule requiring bills to be read on three severaldays in each house be suspended, and this rule is herebysuspended.
WIRELESS LEGISLATION FOR THESTATE OF TEXAS
TEXAS 75THLEGISLATURE—REGULAR SESSION
HOUSE BILL 1324
A BILL TO BE ENTITLED
AN ACT
relating to the administration and financing ofemergency communication districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATEOF TEXAS:
SECTION 1. Section 771.051, Health and SafetyCode, is amended by adding Subsection (c) to read as follows:
(C) THE ADVISORY COMMISSION MAY OBTAIN ACOMMERCIAL LICENSE OR SUBLICENSE TO SELL 9-1-1 OR POISON CONTROLPUBLIC EDUCATION AND TRAINING MATERIALS IN THIS STATE OR IN OTHERSTATES. THE ADVISORY COMMISSION MAY USE ALL PROFITS FROM SALESFOR PURPOSES OF THE COMMISSION.
SECTION 2. Section 771.053(a), Health andSafety Code, is amended to read as follows:
(a) A service provider of telecommunicationsservice involved in providing 9-1-1 service OR OF ANADDRESSING SYSTEM OR ADDRESS DATABASE USED IN PROVIDING 9-1-1SERVICE, a manufacturer of equipment used in providing 9-1-1service DEVELOPER OR PROVIDER OF SOFTWARE USED IN PROVIDING9-1-1 SERVICE, or an officer or employee of a serviceprovider, MANUFACTURER, OR SOFTWARE DEVELOPER OR PROVIDERDESCRIBED BY THIS SUBSECTION involved in providing 9-1-1service, EQUIPMENT, OR SOFTWARE is not liable for anyclaim, damage, or loss arising from the provision of 9-1-1service, EQUIPMENT, OR SOFTWARE unless the act or omissionproximately causing the claim, damage, or loss constitutes grossnegligence, recklessness, or intentional misconduct.
SECTION 3. Subchapter C, Chapter 771, Healthand Safety Code, is amended by adding Sections 771.061 and771.062 to read as follows:
SEC. 771.061. CONFIDENTIALITY OF REQUIREDINFORMATION. (A) INFORMATION THAT A SERVICE PROVIDER OFTELECOMMUNICATIONS SERVICE IS REQUIRED TO FURNISH TO AGOVERNMENTAL ENTITY IN PROVIDING COMPUTERIZED 9-1-1 SERVICE ISCONFIDENTIAL AND IS NOT AVAILABLE FOR PUBLIC INSPECTION. THESERVICE PROVIDER IS NOT LIABLE TO ANY PERSON WHO USES ACOMPUTERIZED 9-1-1 SERVICE CREATED UNDER THIS SUBCHAPTER FOR THERELEASE OF INFORMATION FURNISHED BY THE SERVICE PROVIDER INPROVIDING COMPUTERIZED 9-1-1 SERVICE.
(B) INFORMATION THAT A SERVICE PROVIDER OFTELECOMMUNICATIONS SERVICE FURNISHES TO THE ADVISORY COMMISSION.A REGIONAL PLANNING COMMISSION. OR AN EMERGENCY COMMUNICATIONDISTRICT TO VERIFY OR AUDIT EMERGENCY SERVICE FEES OR SURCHARGEREMITTANCES THAT INCLUDES ACCESS LINE OR MARKET SHARE INFORMATIONOF AN INDIVIDUAL SERVICE PROVIDER IS CONFIDENTIAL AND NOTAVAILABLE FOR PUBLIC INSPECTION.
SEC. 771.062. LOCAL ADOPTION OF STATE RULE.(A) AN EMERGENCY COMMUNICATION
DISTRICT MAY ADOPT ANY PROVISION OF THISCHAPTER OR ANY ADVISORY COMMISSION
RULE. THE ADVISORY COMMISSION MAY ENFORCE APROVISION OR RULE ADOPTED BY AN
EMERGENCY COMMUNICATION DISTRICT UNDER THISSECTION.
(B) THE ADVISORY COMMISSION SHALL MAINTAINAND UPDATE AT LEAST ANNUALLY A LIST OF PROVISIONS OR RULES THATHAVE BEEN ADOPTED BY EMERGENCY COMMUNICATION DISTRICTS UNDER THISSECTION.
SECTION 4. Section 771.075, Health and SafetyCode, is amended to read as follows:
Sec. 771.075. USE OF REVENUE. (A) Except asprovided by Section 771.072(e), 771.072(f), or 771.073(e), feesand surcharges collected under this subchapter may be used onlyfor planning, development, provision, and enhancing theeffectiveness of 9-1-1 service as approved by the advisorycommission.
(B) A 9-1-1 EMERGENCY SERVICE FEE,EQUALIZATION SURCHARGE, OR ANY OTHER CHARGE DESCRIBED AS BEINGRELATED TO 9-1-1 SERVICE BY A SERVICE PROVIDER ON A SUBSCRIBER’SBILL MAY BE USED ONLY BY AN ADVISORY COMMISSION, A REGIONALPLANNING COMMISSION, OR AN EMERGENCY COMMUNICATION DISTRICT FORPROVIDING 9-1-1 SERVICE OR FOR ENHANCING THE EFFECTIVENESS OF 9-1-1 SERVICE.
SECTION 5. Section 771.073, Health and SafetyCode, is amended by adding Subsection (9) as follows:
(G) A 9-1-1 SERVICE PROVIDER IS RESPONSIBLEFOR CORRECTLY BILLING AND REMITTING APPLICABLE 9-1-1 FEES,CHARGES, AND EQUALIZATION SURCHARGES. ANY 9-1-1 FEES, CHARGES, OREQUALIZATION SURCHARGES ERRONEOUSLY BILLED TO A SUBSCRIBER BY A9-1-1 SERVICE PROVIDER AND ERRONEOUSLY REMITTED TO THE ADVISORYCOMMISSION. A REGIONAL PLANNING COMMISSION, OR AN EMERGENCYCOMMUNICATION DISTRICT MAY NOT BE RECOVERED FROM THE ADVISORYCOMMISSION, REGIONAL PLANNING COMMISSION, OR EMERGENCYCOMMUNICATION DISTRICT.
SECTION 6. This Act takes effect September 1,1997.
SECTION 7. The importance of this legislationand the crowded condition of the calendars in both houses createan emergency and an imperative public necessity that theconstitutional rule requiring bills to be read on three severaldays in each house be suspended, and this rule is herebysuspended.