Bill Text: TX HB3462 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the creation of regional emergency communication districts; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-11 - Laid on the table subject to call [HB3462 Detail]
Download: Texas-2015-HB3462-Comm_Sub.html
84R20395 KKR-F | |||
By: Deshotel | H.B. No. 3462 | ||
Substitute the following for H.B. No. 3462: | |||
By: Phillips | C.S.H.B. No. 3462 |
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relating to the creation of regional emergency communication | ||
districts; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 772, Health and Safety Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. REGIONAL EMERGENCY COMMUNICATION DISTRICTS: STATE | ||
PLANNING REGIONS WITH 9-1-1 POPULATION SERVED LESS THAN 1.5 MILLION | ||
Sec. 772.601. SHORT TITLE. This subchapter may be cited as | ||
the Regional Emergency Communication Districts Act. | ||
Sec. 772.602. DEFINITIONS. In this subchapter: | ||
(1) "9-1-1 region" means the portion of a state | ||
planning region established under Chapter 391, Local Government | ||
Code, composed of counties and municipalities that on September 1, | ||
2015, exclusively received 9-1-1 system services provided by a | ||
9-1-1 system operated through a regional planning commission. | ||
(2) "Board" means the board of managers of a district. | ||
(3) "District" means a regional emergency | ||
communication district created under this subchapter. | ||
(4) "Regional planning commission" means a commission | ||
or council of governments created under Chapter 391, Local | ||
Government Code, for a designated region. | ||
Sec. 772.603. APPLICATION OF SUBCHAPTER. (a) This | ||
subchapter applies to a 9-1-1 region: | ||
(1) in which the total population served by the 9-1-1 | ||
system operated through a regional planning commission was less | ||
than 1.5 million on September 1, 2015; and | ||
(2) in which the governing bodies of each | ||
participating county and municipality in the 9-1-1 region adopt a | ||
resolution under Section 772.604 to participate in the district. | ||
(b) This subchapter does not affect: | ||
(1) a public agency or group of public agencies acting | ||
jointly that provided 9-1-1 service before September 1, 1987, or | ||
that had voted or contracted before that date to provide that | ||
service; | ||
(2) a district created under Subchapter B, C, D, F, or | ||
G; or | ||
(3) the distribution of funds under Section 771.072. | ||
Sec. 772.604. CREATION OF DISTRICT. (a) A district is | ||
created when the governing bodies of each participating county and | ||
municipality in a 9-1-1 region adopt a resolution approving the | ||
district's creation. The district's creation is effective on the | ||
date the last resolution is adopted by a participating county or | ||
municipality. | ||
(b) The district shall file with the county clerk of each | ||
county in which the district is located a certificate declaring the | ||
creation of the district. | ||
Sec. 772.605. POLITICAL SUBDIVISION; DISTRICT POWERS. (a) | ||
A district is a political subdivision of this state created to carry | ||
out essential governmental functions. | ||
(b) A district may exercise all powers necessary to carry | ||
out the purposes and provisions of this subchapter. | ||
(c) A district created under this subchapter may enter into | ||
an interlocal agreement with an emergency communication district | ||
established under Subchapter B, C, D, F, or G to promote enhanced | ||
public safety and increased fiscal and service efficiencies. | ||
Sec. 772.606. TERRITORY OF DISTRICT. The territory of a | ||
district: | ||
(1) consists of the territory of each participating | ||
county or municipality located in a 9-1-1 region; and | ||
(2) does not include any land that is located in the | ||
territory of an emergency communication district authorized under | ||
Subchapter B, C, D, F, or G. | ||
Sec. 772.607. BOARD OF MANAGERS. (a) A district is | ||
governed by a board of managers. | ||
(b) A district's initial board is composed of members who | ||
are appointed by the governing bodies of each participating county | ||
and municipality. At least two-thirds of the initial board members | ||
must be elected officials of the participating counties and | ||
municipalities. | ||
(c) The initial board appointed under Subsection (b) shall | ||
establish the size of the board and the qualifications of board | ||
members. | ||
Sec. 772.608. POWERS AND DUTIES OF BOARD. (a) The board | ||
shall name, control, and manage the district. | ||
(b) The board shall approve, adopt, and amend an annual | ||
budget. | ||
(c) The board may adopt orders, rules, bylaws, policies, and | ||
procedures governing the operations of the board and the district. | ||
Sec. 772.609. DIRECTOR OF DISTRICT; STAFF; FISCAL AND | ||
ADMINISTRATIVE AGENT. (a) The regional planning commission for the | ||
9-1-1 region in which the district is established shall serve as the | ||
fiscal and administrative agent for the district. | ||
(b) The executive director of the regional planning | ||
commission for the 9-1-1 region may serve as director of the | ||
district. | ||
(c) The director is responsible for: | ||
(1) performing all duties required by the board; | ||
(2) ensuring that board policies and procedures are | ||
implemented for the purposes of this subchapter; | ||
(3) preparing an annual budget; and | ||
(4) employing and assigning employees of the regional | ||
planning commission to perform duties under this subchapter in | ||
accordance with the district's approved annual budget. | ||
(d) The director may use district money to compensate an | ||
employee assigned duties under this subchapter. | ||
(e) The director and an employee assigned duties under this | ||
subchapter are employees of the regional planning commission for | ||
all purposes. | ||
Sec. 772.610. AUDIT AND REPORTING REQUIREMENTS. The | ||
district shall prepare an annual report that includes: | ||
(1) the amount and source of funds received by the | ||
district; | ||
(2) the amount and source of funds spent by the | ||
district; and | ||
(3) the results of an audit of the district's affairs | ||
prepared by an independent certified public accountant in | ||
compliance with the district's policies and procedures. | ||
Sec. 772.611. PROVISION OF 9-1-1 SERVICE. (a) A district | ||
shall provide 9-1-1 service to each participating county or | ||
municipality through one or a combination of the following methods | ||
and features or equivalent state-of-the-art technology: | ||
(1) the transfer method; | ||
(2) the relay method; | ||
(3) the dispatch method; | ||
(4) automatic number identification; | ||
(5) automatic location identification; or | ||
(6) selective routing. | ||
(b) The district shall design, implement, and operate a | ||
9-1-1 system for each participating county and municipality in the | ||
district. | ||
(c) For each individual telephone subscriber in the | ||
district, 9-1-1 service is mandatory and is not an optional service | ||
under any definition of terms relating to telephone service. | ||
Sec. 772.612. LIABILITY. The liability protection provided | ||
by Section 771.053 applies to services provided under this | ||
subchapter. | ||
Sec. 772.613. PRIMARY EMERGENCY TELEPHONE NUMBER. The | ||
digits 9-1-1 are the primary emergency telephone number in a | ||
district. A public safety agency whose services are available | ||
through a 9-1-1 system: | ||
(1) may maintain a separate number for an emergency | ||
telephone call; and | ||
(2) shall maintain a separate number for a | ||
nonemergency telephone call. | ||
Sec. 772.614. TRANSMITTING REQUESTS FOR EMERGENCY AID. (a) | ||
A 9-1-1 system established under this subchapter must be capable of | ||
transmitting requests for firefighting, law enforcement, | ||
ambulance, and medical services to a public safety agency that | ||
provides the requested service at the location from which the call | ||
originates. A 9-1-1 system may provide for transmitting requests | ||
for other emergency services, including poison control, suicide | ||
prevention, and civil defense. | ||
(b) A public safety answering point may transmit emergency | ||
response requests to private safety entities with the board's | ||
approval. | ||
(c) With the consent of a participating county or | ||
municipality, a privately owned automatic intrusion alarm or other | ||
privately owned automatic alerting device may be installed to cause | ||
the number 9-1-1 to be dialed to gain access to emergency services. | ||
Sec. 772.615. 9-1-1 EMERGENCY SERVICE FEE. (a) The board | ||
may impose a 9-1-1 emergency service fee on service users in the | ||
district. | ||
(b) The fee may be imposed only on the base rate charge or | ||
the charge's equivalent, excluding charges for coin-operated | ||
telephone equipment. The fee may not be imposed on: | ||
(1) more than 100 local exchange access lines or the | ||
lines' equivalent for a single business entity at a single | ||
location, unless the lines are used by residents of the location; or | ||
(2) any line that the Commission on State Emergency | ||
Communications has excluded from the definition of a local exchange | ||
access line or equivalent local exchange access line under Section | ||
771.063. | ||
(c) If a business service user provides residential | ||
facilities, each line that terminates at a residential unit and is a | ||
communication link equivalent to a residential local exchange | ||
access line shall be charged the 9-1-1 emergency service fee. The | ||
fee must have uniform application throughout the district and be | ||
imposed in each participating county or municipality in the | ||
district. | ||
(d) The amount of the fee may not exceed 50 cents per month | ||
for each line. | ||
(e) The board shall set the amount of the fee each year as | ||
part of the annual budget. The board shall notify each service | ||
supplier of a change in the amount of the fee not later than the 91st | ||
day before the date the change takes effect. | ||
(f) In imposing the fee, the board shall attempt to match | ||
the district's revenues to the district's operating expenditures, | ||
including the current and planned expenditures for the purchase, | ||
installation, and maintenance of 9-1-1 emergency services in | ||
accordance with the district's approved annual budget and operating | ||
policies. | ||
Sec. 772.616. COLLECTION OF FEE. (a) A service supplier or | ||
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 fees imposed on a customer under Section 772.615. | ||
(b) Not later than the 30th day after the last day of the | ||
month in which the fees are collected, the service supplier or | ||
business service user shall deliver the fees to the district in the | ||
manner determined by the district. The district may establish an | ||
alternative date for payment of fees under this section, provided | ||
that the required payment date is not earlier than the 30th day | ||
after the last day of the report period in which the fees are | ||
collected. The service supplier or business service user shall | ||
file with each payment to the district a receipt in the form | ||
prescribed by the district. | ||
(c) Both a service supplier and a business service user | ||
under Subsection (a) shall maintain records of the amount of fees | ||
the service supplier or business service user collects until at | ||
least the second anniversary of the date of collection. The board | ||
may require, at the board's expense, an annual audit of the service | ||
supplier's or business service user's books and records with | ||
respect to the collection and remittance of the fees. | ||
(d) A business service user that does not collect and remit | ||
the 9-1-1 emergency service fee as required is subject to a civil | ||
cause of action under Subsection (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. | ||
(e) A service supplier may retain an administrative fee of | ||
two percent of the amount of fees the service supplier collects | ||
under this section. | ||
(f) A service supplier is not required to take any legal | ||
action to enforce the collection of the 9-1-1 emergency service | ||
fee. The service supplier shall provide the district with an annual | ||
certificate of delinquency that includes the amount of all | ||
delinquent fees and the name and address of each nonpaying service | ||
user. The certificate of delinquency is prima facie evidence that a | ||
fee included in the certificate is delinquent and of the amount of | ||
the delinquent fee. A service user account is considered | ||
delinquent if the fee is not paid to the service supplier before the | ||
31st day after the payment due date stated on the user's bill from | ||
the service supplier. | ||
(g) The district may file legal proceedings against a | ||
service user to collect fees not paid by the service user and may | ||
establish internal collection procedures and recover the cost of | ||
collection from the nonpaying service user. If the district | ||
prevails in a legal proceeding filed under this subsection, the | ||
court shall award costs, attorney's fees, and interest to be paid by | ||
the nonpaying service user. A delinquent fee accrues interest at | ||
the legal rate beginning on the date the payment becomes due. | ||
Sec. 772.617. DISTRICT DEPOSITORY. The board shall select | ||
a depository for the district in the manner provided by law. | ||
Sec. 772.618. ALLOWABLE EXPENSES. A district's allowable | ||
operating expenses include all costs attributable to designing a | ||
9-1-1 system and all equipment and personnel necessary to establish | ||
and maintain a public safety answering point and other related | ||
operations that the board considers necessary. | ||
Sec. 772.619. NUMBER AND LOCATION IDENTIFICATION. (a) As | ||
part of 9-1-1 service, a service supplier shall furnish, for each | ||
call, the telephone number of the subscriber and the address | ||
associated with the number. | ||
(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 provide to those residential end users the same | ||
level of 9-1-1 service that a service supplier is required to | ||
provide under Subsection (a) to other residential end users in the | ||
district. | ||
(c) Information furnished under this section is | ||
confidential and is not available for public inspection. | ||
(d) A service supplier or business service user under | ||
Subsection (b) may not be held liable to a person who uses a 9-1-1 | ||
system created under this subchapter for the release to the | ||
district of the information specified in Subsections (a) and (b). | ||
Sec. 772.620. PUBLIC REVIEW. (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 | ||
fee. The first hearing shall be held on or before the third | ||
anniversary of the date of the district's creation. Subsequent | ||
hearings shall be held on or before the third anniversary of the | ||
date each resolution required by Subsection (c) is adopted. | ||
(b) The board shall publish notice of the time and place of a | ||
hearing once a week for two consecutive weeks in a daily newspaper | ||
of general circulation published in the district. The first notice | ||
must be published not later than the 16th day before the date set | ||
for the hearing. | ||
(c) After the hearing, the board shall adopt a resolution on | ||
the continuation or dissolution of the district and the 9-1-1 | ||
emergency service fee. | ||
Sec. 772.621. DISSOLUTION PROCEDURES. (a) If a district is | ||
dissolved, 9-1-1 service must be discontinued in compliance with | ||
the district's policies and bylaws and must be administered in | ||
accordance with Chapter 771. | ||
(b) The regional planning commission for the district's | ||
9-1-1 region shall assume the district's assets, provide 9-1-1 | ||
service, 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 regional planning commission shall | ||
continue to impose the 9-1-1 emergency service fee in compliance | ||
with Section 772.615, and each service supplier shall continue to | ||
collect the fee for the regional planning commission. Proceeds | ||
from the imposition of the fee by the regional planning commission | ||
after dissolution of the district may be used only to retire the | ||
outstanding debts of the district. | ||
(c) The regional planning commission shall retire the | ||
district's debts to the extent practicable according to the terms | ||
of the instruments creating the debts and the terms of the | ||
resolutions authorizing creation of the debts. | ||
(d) The governing body of the regional planning commission | ||
for the district's 9-1-1 region may adopt rules necessary to | ||
administer this section. | ||
Sec. 772.622. TRANSFER OF ASSETS. If a district is | ||
established under this subchapter, the regional planning | ||
commission for the 9-1-1 region in which the district is | ||
established may transfer to the district any land, buildings, | ||
improvements, equipment, and other assets acquired by the regional | ||
planning commission in relation to the provision of 9-1-1 service | ||
in accordance with Chapter 771. | ||
SECTION 2. Section 771.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Emergency communication district" means: | ||
(A) a public agency or group of public agencies | ||
acting jointly that provided 9-1-1 service before September 1, | ||
1987, or that had voted or contracted before that date to provide | ||
that service; or | ||
(B) a district created under Subchapter B, C, D, | ||
F, [ |
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SECTION 3. This Act takes effect September 1, 2015. |