Bill Text: TX HB2911 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to next generation 9-1-1 service and the establishment of a next generation 9-1-1 service fund.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2911 Detail]

Download: Texas-2021-HB2911-Engrossed.html
  87R21533 JG-D
 
  By: White, Stephenson H.B. No. 2911
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to next generation 9-1-1 service; increasing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 771.001, Health and Safety Code, is
  amended by adding Subdivision (5-a) and amending Subdivision (6) to
  read as follows:
               (5-a)  "Next generation 9-1-1 service" has the meaning
  assigned by 47 U.S.C. Section 942.
               (6)  "9-1-1 service" means a communications service
  that connects users to a public safety answering point through a
  9-1-1 system.  The term 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
  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.  Sections 771.0711(a), (b), and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  Except as provided by Section 772.114, to [To] provide
  for automatic number identification and automatic location
  identification of wireless 9-1-1 calls and for the deployment and
  reliable operation of next generation 9-1-1 service, the commission
  shall impose on each wireless telecommunications connection a 9-1-1
  emergency service fee. A political subdivision may not impose
  another fee on a wireless service provider or subscriber for 9-1-1
  emergency service.
         (b)  A wireless service provider shall collect the fee in an
  amount equal to 75 [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 fees under this section. The wireless service provider
  may retain an administrative fee of one percent of the amount
  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.
         (c)  Money collected under 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
  deployment and reliable operation 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, excluding the population of
  the emergency communication district created under Subchapter B,
  Chapter 772.  The remaining money collected under Subsection (b)
  shall be deposited to the 9-1-1 services fee account.  
  Notwithstanding this subsection, the emergency communication
  district created under Subchapter B, Chapter 772, must be included
  in the collection and distribution of prepaid wireless 9-1-1
  emergency service fees under Section 771.0712.
         SECTION 5.  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" has the meaning
  assigned by 47 U.S.C. Section 942.
               (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 6.  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)  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 75 cents a month for each wireless
  telecommunications connection; and
               (2)  increase by more than 10 percent of the monthly fee
  amount imposed under that subdivision in the preceding year each
  time the fee amount is set.
         (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
  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 comptroller 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
  comptroller or in a comparable form generated by the billing system
  of the wireless service provider.
         (e)  The comptroller shall deposit the money collected under
  Subsection (d) in a trust fund in the state treasury for the benefit
  of the district until distributed to the district. Not later than
  the 15th day following the last day of the month in which the money
  is collected, the Commission on State Emergency Communications
  shall provide to the district a copy of the confidential returns
  filed by each wireless service provider under Subsection (d) and
  distribute to the district the total amount of money remitted to the
  comptroller under that subsection from 9-1-1 emergency service fees
  imposed under Section 772.114(a)(2) on wireless telecommunications
  connections in the district.
         (f)  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.
         (g) [(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 (j) [(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.
         (h) [(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].
         (i) [(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].
         (j) [(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 7.  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 8.  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 9.  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 10.  Sections 771.0711(g) and (j), Health and Safety
  Code, are repealed.
         SECTION 11.  The changes in law made by this Act apply only
  to a fee imposed or expense that is due during a billing cycle that
  occurs on or after January 1, 2022. A fee imposed or expense due
  during a billing cycle that occurs before January 1, 2022, is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 12.  This Act takes effect September 1, 2021.
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