87R1553 JG-F
 
  By: Thompson of Harris H.B. No. 2248
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to next generation 9-1-1 services provided through an
  Internet Protocol network and wireless service provider expense
  reimbursements for certain counties; imposing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 772.103, Health and Safety Code, is
  amended by adding Subdivisions (2-a), (4), and (5) to read as
  follows:
               (2-a) "Next generation 9-1-1 service" means 9-1-1
  service provided through an Internet Protocol network.
               (4)  "Wireless service provider" and "wireless
  telecommunications connection" have the meanings assigned by
  Section 771.001.
               (5)  "Wireless service subscriber" means a customer who
  is provided wireless telecommunications connections in the
  district.
         SECTION 2.  Sections 772.114 and 772.115, Health and Safety
  Code, are amended to read as follows:
         Sec. 772.114.  9-1-1 EMERGENCY SERVICE FEES [FEE]. (a) The
  board may:
               (1)  [impose a 9-1-1 emergency service fee on service
  users in the district] if authorized [to do so] by a majority of the
  votes cast in the election to confirm the creation of the district
  and by a majority vote of the governing body of each participating
  jurisdiction, impose a 9-1-1 emergency service fee for a local
  exchange access line on service users in the district; and
               (2)  impose a 9-1-1 emergency service fee on each
  wireless telecommunications connection in the district to provide
  for:
                     (A)  automatic number identification and
  automatic location identification of wireless 9-1-1 calls; and 
                     (B)  the deployment and reliable operation of next
  generation 9-1-1 service.
         (b)  For purposes of Subsection (a)(1) [this subsection],
  the jurisdiction of the county is the unincorporated area of the
  county.
         (c) [(b)]  The fee authorized under Subsection (a)(1) may be
  imposed only on the base rate charge or its equivalent, excluding
  charges for coin-operated telephone equipment. The fee may not be
  imposed on more than 100 local exchange access lines or their
  equivalent for a single business entity at a single location,
  unless the lines are used by residents of the location. The fee may
  [also] not be imposed on any line that the [Advisory] Commission on
  State Emergency Communications excluded from the definition of a
  local exchange access line or an equivalent local exchange access
  line pursuant to Section 771.063. If a business service user
  provides residential facilities, each line that terminates at a
  residential unit and that is a communication link equivalent to a
  residential local exchange access line must [, shall] be charged
  the [9-1-1 emergency service] fee. The fee must have uniform
  application and must be imposed in each participating jurisdiction.
         (d) [(c)]  The rate of the fee imposed under Subsection
  (a)(1) may not exceed six percent of the monthly base rate charged a
  service user by the principal service supplier in the participating
  jurisdiction.
         (e)  If the board imposes the fee authorized by Subsection
  (a)(2), the Commission on State Emergency Communications may not
  impose on a wireless telecommunications connection in the district
  a fee authorized by Section 771.0711 that is imposed for the same
  purposes as the purposes described by Subsection (a)(2).
         (f)  The amount of the fee imposed under Subsection (a)(2)
  may not:
               (1)  exceed $1.25 a month for each wireless
  telecommunications connection; and
               (2)  result in an increase of more than 10 percent of
  the amount of the monthly fee imposed by the Commission on State
  Emergency Communications on a wireless telecommunications
  connection under Section 771.0711 immediately before the fee
  authorized under Subsection (a)(2) is imposed.
         (g) [(d)]  The board shall set the amount of the 9-1-1
  emergency service fees [fee] each year as part of the annual budget.
  The board shall notify each service supplier and wireless service
  provider of a change in the amount of the applicable fee imposed on
  the service supplier or wireless service provider not later than
  the 91st day before the date the change takes effect.
         (h) [(e)]  In imposing the 9-1-1 emergency service fees
  [fee], the board shall attempt to match the district's revenues to
  its operating expenditures and to provide reasonable reserves for
  contingencies and for the purchase and installation of 9-1-1
  emergency service equipment. If the revenue received from the fees
  [fee] exceeds the amount of money needed to fund the district, the
  board by resolution shall reduce the rate of either [the] fee to an
  amount adequate to fund the district as required by this subsection
  or suspend the imposition of either [the] fee. If the board
  suspends the imposition of either [the] fee, the board by
  resolution may reinstitute the fee if money received by the
  district is not adequate to fund the district.
         (i) [(f)]  In a public agency whose governing body at a later
  date votes to receive 9-1-1 service from the district, at a later
  date, the 9-1-1 emergency service fees are [fee is] imposed on the
  agency beginning on the date specified by the board. The board may
  charge the [incoming] agency an additional amount of money to cover
  the initial cost of providing 9-1-1 service to the [that] agency.
  The fees [fee] authorized to be charged in a district apply
  [applies] to new territory added to the district under Section
  772.105(b) when the territory becomes part of the district.
         Sec. 772.115.  COLLECTION OF FEES [FEE]. (a) Each [billed]
  service user or wireless service subscriber billed a 9-1-1
  emergency service fee is liable for the fee [imposed under Section
  772.114] until the fee is paid to the service supplier or wireless
  service provider, as applicable. The applicable fee must be added
  to and stated separately in the service user's or wireless service
  subscriber's bill from the service supplier or wireless service
  provider. The service supplier and wireless service provider shall
  collect the applicable fee at the same time as the service charge to
  the service user or wireless service subscriber in accordance with
  the regular billing practice of the service supplier or wireless
  service provider.
         (b)  A business service user that provides residential
  facilities and owns or leases a publicly or privately owned
  telephone switch used to provide telephone service to facility
  residents shall collect the [9-1-1 emergency service] fee under
  Section 772.114(a)(1) and transmit the fees monthly to the
  district.
         (c) [(b)]  The amount collected by a service supplier from
  the fee under Section 772.114(a)(1) is due quarterly. The service
  supplier shall remit the amount collected in a calendar quarter to
  the district not later than the 60th day after the last day of the
  calendar quarter. With each payment the service supplier shall
  file a return in a form prescribed by the board.
         (d)  The amount collected by a wireless service provider from
  the fee imposed under Section 772.114(a)(2) is due monthly. The
  wireless service provider shall remit the amount collected in a
  calendar month to the district not later than the 30th day after the
  last day of the calendar month. With each payment the wireless
  service provider shall file a return in the form prescribed by the
  board or in a comparable form generated by the billing system of the
  wireless service provider.
         (e)  A [(c)  Both a] service supplier, wireless service
  provider, and [a] business service user under Subsection (b) [(a)]
  shall maintain records of the amount of the applicable 9-1-1
  emergency service fees the service supplier, wireless service
  provider, or business service user [it] collects for at least two
  years after the date of collection. The board may require at the
  board's expense an annual audit of a service supplier's, wireless
  service provider's, or business service user's books and records
  [or the books and records of a business service user described by
  Subsection (a)] with respect to the collection and remittance of
  the applicable fees.
         (f) [(d)]  A business service user that does not collect and
  remit the [9-1-1 emergency service] fee under Section 772.114(a)(1)
  as required by this section is subject to a civil cause of action
  under Subsection (i) [(g)]. A sworn affidavit by the district
  specifying the unremitted fees is prima facie evidence that the
  fees were not remitted and of the amount of the unremitted fees.
         (g) [(e)]  A service supplier or wireless service provider
  is entitled to retain an administrative fee from the amount of the
  applicable 9-1-1 emergency service fees the service supplier or
  wireless service provider [it] collects under this section. The
  amount of the administrative fee is two percent of the amount of
  fees the service supplier or wireless service provider [it]
  collects [under this section].
         (h) [(f)]  A service supplier or wireless service provider
  is not required to take any legal action to enforce the collection
  of a [the] 9-1-1 emergency service fee due to either the service
  supplier or wireless service provider. Each [However, the] service
  supplier and wireless service provider shall provide the district
  with an annual certificate of delinquency that includes the amount
  of all delinquent fees due to the service supplier or wireless
  service provider and the name and address of each nonpaying service
  user or wireless service subscriber. The certificate of
  delinquency is prima facie evidence that a fee included in the
  certificate is delinquent. A service user or wireless service
  subscriber account is considered delinquent if a [the] fee is not
  paid to the service supplier or wireless service provider, as
  applicable, before the 31st day after the payment due date stated on
  the service user's or wireless service subscriber's bill [from the
  service supplier].
         (i) [(g)]  The district may institute legal proceedings to
  collect 9-1-1 emergency service fees not paid and may establish
  internal collection procedures and recover the cost of collection
  from the nonpaying service user or wireless service subscriber. If
  legal proceedings are established, the court may award the district
  court costs, attorney's fees, and interest to be paid by the
  nonpaying service user or wireless service subscriber. A
  delinquent fee accrues interest at an annual rate of 12 percent
  beginning on the date the payment becomes due.
         SECTION 3.  Sections 772.119(a) and (d), Health and Safety
  Code, are amended to read as follows:
         (a)  Periodically, the board shall solicit public comments
  and hold a public review hearing on the continuation of the district
  and the 9-1-1 emergency service fees [fee]. The first hearing shall
  be held three years after the date the order certifying the creation
  of the district is filed with the county clerk. Subsequent hearings
  shall be held three years after the date each order required by
  Subsection (d) is adopted.
         (d)  After the hearing, the board shall adopt an order on the
  continuation or dissolution of the district and the 9-1-1 emergency
  service fees [fee].
         SECTION 4.  Section 772.120(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If a district is dissolved, 9-1-1 service must be
  discontinued on the date of the dissolution. The commissioners
  court of the county in which the principal part of the district was
  located shall assume the assets of the district and pay the
  district's debts. If the district's assets are insufficient to
  retire all existing debts of the district on the date of
  dissolution, the commissioners court shall continue to impose the
  9-1-1 emergency service fees [fee], and each service supplier and
  wireless service provider shall continue to collect the applicable
  fees [fee] for the commissioners court. Proceeds from the
  imposition of the fees [fee] by the county after dissolution of the
  district may be used only to retire the outstanding debts of the
  district.
         SECTION 5.  Section 772.122, Health and Safety Code, is
  amended to read as follows:
         Sec. 772.122.  REPAYMENT OF BONDS. The board may provide for
  the payment of principal of and interest on the bonds by pledging
  all or any part of the district's revenues from the 9-1-1 emergency
  service fees [fee] or from other sources.
         SECTION 6.  Sections 772.114 and 772.115, Health and Safety
  Code, as amended by this Act, apply only to a fee imposed or expense
  incurred on or after the effective date of this Act. A fee imposed
  or expense incurred before the effective date of this Act is
  governed by the law in effect on the date the fee was imposed or
  expense was incurred, and the former law is continued in effect for
  that purpose.
         SECTION 7.  This Act takes effect September 1, 2021.