By: White H.B. No. 2911
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Next Generation 9-1-1 service and certain wireless
  service provider administrative expense reimbursements and
  increasing a fee cap.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 771.001, Health and Safety Code, is
  amended by adding Subsection (5-a) and amending Subsection (6) to
  read as follows:
               (5-a)  "Next generation 9-1-1 service" is defined as
  that term is defined under Section 942(e)(5), Federal
  Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.).
               (6)  “9-1-1 service” means a communications service
  that connects users to a public safety answering point through a
  9-1-1 system.  9-1-1 service includes Next Generation 9-1-1
  service.
         SECTION 2.  Section 771.059, Health and Safety Code, is
  amended to read as follows:
         Sec. 771.059.  TARGET DATE [DEADLINE] FOR STATEWIDE NEXT
  GENERATION 9-1-1 SERVICE.  Before September 1, 2025 [1995], all 19
  parts of the state must be covered by Next Generation 9-1-1 service.
         SECTION 3.  The heading to Section 771.0711, Health and
  Safety Code, is amended to read as follows:
         Sec. 771.0711.  GENERAL REQUIREMENTS FOR EMERGENCY SERVICE
  FEES [FEE] FOR WIRELESS TELECOMMUNICATIONS CONNECTIONS.
         SECTION 4.  Section 771.0711, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsections (a-1), (b-1), and (k), to read as follows:
         (a)  To provide for automatic number identification and
  automatic location identification of wireless 9-1-1 calls and for
  the implementation and provision of next generation 9-1-1 service: 
               (1)  [,] the commission shall impose [on each wireless
  telecommunications connection] a monthly 9-1-1 emergency service
  fee under Section 771.0713; and
               (2)  except as otherwise provided in Chapter 772, an
  emergency communication district shall impose a monthly 9-1-1
  emergency service fee under Section 771.0714.
         (a-1)  A political subdivision may not impose a [another] fee
  other than a fee described by Subsection (a) on a wireless service
  provider or subscriber for 9-1-1 [emergency] service.
         (b)  For a wireless telecommunications connection subject to
  the 9-1-1 emergency service fee under Section 771.0713, a [A]
  wireless service provider shall collect the fee described by that
  section for [in an amount equal to 50 cents a month for] each
  wireless telecommunications connection from its subscribers and
  shall pay the money collected to the comptroller not later than the
  30th day after the last day of the month during which the fees were
  collected. The comptroller may establish alternative dates for
  payment of the fees [under this section].  The wireless service
  provider may retain an administrative fee of two [one] percent of
  the amount of fees collected. The comptroller shall deposit the
  money from the fees to the credit of the 9-1-1 services fee account.
  Until deposited to the credit of the 9-1-1 services fee account [as
  required by Subsection (c)], money the comptroller collects under
  this subsection remains in a trust fund with the state treasury.
         (b-1)  For a wireless telecommunications connection subject
  to a 9-1-1 emergency service fee under Section 771.0714, a wireless
  service provider shall collect the fee for each wireless
  telecommunications connection from its subscribers and pay the
  money collected to the comptroller not later than the 30th day after
  the last day of the month during which the fees were collected.  The
  wireless service provider may retain an administrative fee of two
  percent of the amount of fees collected.
         (c)  Money collected under Subsections (b) and (b-1)  
  [Subsection (b)] may be used only for services related to 9-1-1
  services, including automatic number identification and automatic
  location information services and the provision of Next Generation
  9-1-1 service, or as authorized by Section 771.079(c).  Not later
  than the 15th day after the end of the month in which the money is
  collected, the commission shall distribute to each emergency
  communication district that does not participate in the state
  system [a portion of the money that bears the same proportion to the
  total amount collected that the population of the area served by the
  district bears to the population of the state] the total amount of
  money remitted to the comptroller under Subsection (b-1) for
  wireless telecommunications connections within the geographic
  jurisdiction of that emergency communication district.  The
  remaining money collected under Subsection (b) shall be deposited
  to the 9-1-1 services fee account.
         (k)  The following actions are required prior to the
  commission or an emergency communication district imposing the
  9-1-1 emergency service fee on each wireless telecommunications
  connection in their respective geographic jurisdiction:
               (1)  The commission or the emergency communication
  district must consider and adopt at an open meeting a plan for
  implementation and provision of Next Generation 9-1-1 service and
  the imposition of the 9-1-1 emergency service fee on each wireless
  telecommunications connection.
               (2)  Any individual plan for implementation and
  provision of Next Generation 9-1-1 service adopted by the
  commission or an emergency communication district shall be reviewed
  periodically to confirm that the plan continues to meet increased
  consumer expectation for 9-1-1 service from modern communications
  technologies.
         SECTION 5.  Section 771.0712(a), Health and Safety Code, is
  amended to read as follows:
         (a)  To ensure that all 9-1-1 agencies under Section 418.051,
  Government Code, are adequately funded, [beginning on June 1,
  2010,] a prepaid wireless 9-1-1 emergency services fee of two
  percent of the purchase price of each prepaid wireless
  telecommunications service purchased by any method, shall be
  collected by the seller from the consumer at the time of each retail
  transaction of prepaid wireless telecommunications service
  occurring in this state and remitted to the comptroller consistent
  with Chapter 151, Tax Code[, and distributed consistent with the
  procedures in place for the emergency services fee in Section
  771.0711, Health and Safety Code].  Not later than the 15th day
  after the last day of the month in which the money is collected, the
  commission shall distribute to each emergency communication
  district that does not participate in the applicable regional plan
  a portion of the total money collected in the same proportion that
  the population of the area served by the district bears to the
  population of the state.  The remaining money collected under
  Subsection shall be deposited to the 9-1-1 services fee account.
  Until deposited to the credit of the 9-1-1 services fee account as
  required by this subsection, money the comptroller collects under
  this subsection remains in a trust fund with the state treasury.  A
  seller may deduct and retain two percent of prepaid wireless 9-1-1
  emergency services fees that it collects under this section to
  offset its costs in administering this fee.
         SECTION 6.  Subchapter D, Chapter 771, Health and Safety
  Code, is amended by adding Sections 771.0713, 771.0714, and
  771.0715 to read as follows:
         Sec. 771.0713.  EMERGENCYSERVICEFEEFORWIRELESS
  TELECOMMUNICATIONS CONNECTIONS: COMMISSION.  (a)  The commission
  shall impose a 9-1-1 emergency service fee on each wireless
  telecommunications connection that has a place of primary use
  within the geographic area in which a regional planning commission
  provides 9-1-1 service, including in an area served by an emergency
  communication district participating in the state system.
         (b)  Not later than September 30 of each odd-numbered year,
  the commission shall set the monthly 9-1-1 emergency service fee
  for the ensuing two calendar years in an amount equal to either
  $0.75, $1.00 or $1.25, to be effective on the first billing cycle of
  the ensuing calendar year. Once the 9-1-1 emergency service fee is
  established by the commission pursuant to this subsection, the
  monthly fee shall remain unchanged for the ensuing two calendar
  years.
         (c)  A subscriber receiving 9-1-1 service from a wireless
  telecommunications connection described by Subsection (a) is not
  subject to the fee described by Section 771.0714.
         (d)  Not later than October 1 of each odd-numbered year, the
  commission shall publish in the Texas Register, post on its agency
  website, and provide to the comptroller written notice of any
  change in the amount of the fee imposed under Subsection (a). 
         Sec. 771.0714.  EMERGENCY SERVICE FEE FOR WIRELESS
  TELECOMMUNICATIONS CONNECTIONS: EMERGENCY COMMUNICATION DISTRICT.  
  (a)  An emergency communication district not participating in the
  state system shall impose a 9-1-1 emergency service fee on each
  wireless telecommunications connection that has a place of primary
  use within the district's jurisdiction. 
         (b)  Not later than September 30 of each odd-numbered year,
  each emergency communication district described by Subsection (a)  
  shall set the monthly 9-1-1 emergency service fee for the ensuing
  two calendar years in an amount equal to either $0.75, $1.00 or
  $1.25, to be effective on the first billing cycle of the ensuing
  calendar year. Once the 9-1-1 emergency service fee is established
  by each emergency communication district pursuant to this
  subsection, the monthly fee shall remain unchanged for the ensuing
  two calendar years. 
         (c)  Any new territory added to an emergency communication
  district described by Subsection (a) is subject to the 9-1-1
  emergency service fee at the time the territory becomes part of the
  district.
         (d)  Not later than October 1 of each odd-numbered year, each
  emergency communication district described by Subsection (a) shall
  provide to the comptroller written notice of any change in the
  amount of the fee imposed under Subsection (a). 
         Sec. 771.0715.  FEE REPORTS. Each wireless service provider
  that collects a 9-1-1 emergency service fee under Sections
  771.0711(b) and (b-1) shall provide to the comptroller a monthly
  report in the form and manner prescribed by the comptroller that
  outlines the money collected and remitted to the comptroller by the
  wireless service provider under those subsections for the preceding
  month. The report must contain the total amount collected and
  remitted by the wireless service provider for that month and the
  amount collected by the wireless service provider from each
  wireless telecommunications connection within each regional plan
  area geographic jurisdiction and within each emergency
  communication district geographic jurisdiction.  The comptroller
  shall maintain and continuously update a list of the total amounts
  collected and remitted by each wireless service provider and
  provide that list to the commission each quarter. The comptroller
  shall provide to each of the emergency communication districts a
  monthly report that outlines the money collected and remitted to
  the comptroller by the wireless service provider from each wireless
  telecommunications connection within the geographic jurisdiction
  of these emergency communication districts.
         SECTION 7.  Section 771.078(b), Health and Safety Code, is
  amended to read as follows:
         (b)  In making contracts under this section, the commission
  shall ensure that each regional planning commission receives money
  for 9-1-1 service in two separately computed amounts as provided by
  this subsection. The commission must provide each regional planning
  commission with:
               (1)  an amount of money equal to the total of the
  revenue from the emergency service fees collected under Sections
  771.071 and 771.0713 that is deposited in the treasury and
  appropriated to the commission multiplied by a fraction, the
  numerator of which is the amount of those fees collected from the
  region and the denominator of which is the total amount of those
  fees collected in this state; and
               (2)  an amount of money equal to the total of the
  revenue from the emergency service fees [fee] for prepaid wireless
  telecommunications connections under Section 771.0712[1] that is
  deposited in the treasury and appropriated to the commission
  multiplied by a fraction, the numerator of which is the population
  of the region and the denominator of which is the population of this
  state.
         SECTION 8.  Sections 771.0711(g) and (j), Health and Safety
  Code, are repealed.
         SECTION 9.  Absent timely action before September 30, 2021
  by the commission in accordance with Subsection 771.0711(a)(1),
  Health and Safety Code, the 9-1-1 emergency service fee on wireless
  telecommunications connections imposed by the commission shall be
  $0.50 per wireless telecommunications connection and shall
  continue at that amount until changed in accordance with the
  requirements of Section 771.0713.
         SECTION 10.  Absent timely action before September 30, 2021
  by an individual emergency communication district in accordance
  with Subsection 771.0711(a)(2), Health and Safety Code, the 9-1-1
  emergency service fee on wireless telecommunications connections
  imposed by that emergency communication district shall be $0.50 per
  wireless telecommunications connection and shall continue at that
  amount until changed in accordance with the requirements of Section
  771.0714.
         SECTION 11.  The changes in law made by this Act apply only
  to a fee imposed or administrative expense to be effective on or
  after the first billing cycle after January 1, 2022. A fee imposed
  or administrative expense to be effective on a billing cycle before
  January 1, 2022 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 12.  This Act takes effect September 1, 2021.