83R5519 AED-F
	By: Hancock	S.B. No. 1264

	A BILL TO BE ENTITLED
	AN ACT
	relating to the provision of 9-1-1 services; providing criminal
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 771.001(6), Health and Safety Code, is
	amended to read as follows:
	(6)  "9-1-1 service" means a communications
	[telecommunications] service that connects users [provides the
	user of the public telephone system the ability] to [reach] a public
	safety answering point through a [by dialing the digits] 9-1-1
	system.
	SECTION 2.  The heading to Section 771.053, Health and
	Safety Code, is amended to read as follows:
	Sec. 771.053.  STATEWIDE LIMITATION ON LIABILITY OF SERVICE
	PROVIDERS AND CERTAIN PUBLIC OFFICERS.
	SECTION 3.  Section 771.053, Health and Safety Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  A service provider of communications
	[telecommunications] service involved in providing 9-1-1 service,
	a manufacturer of equipment used in providing 9-1-1 service, a
	developer of software used in providing 9-1-1 service, a third
	party or other entity involved in providing 9-1-1 service, or an
	officer, director, or employee of the [a] service provider,
	manufacturer, developer, third party, or other entity involved in
	providing 9-1-1 service is not liable for any claim, damage, or loss
	arising from the provision of 9-1-1 service unless the act or
	omission proximately causing the claim, damage, or loss constitutes
	gross negligence, recklessness, or intentional misconduct.
	(c)  This section shall be interpreted to provide protection
	relating to confidentiality and immunity and protection from
	liability with at least the same scope and to at least the same
	extent as described by federal law, including 47 U.S.C. Section
	1472.
	SECTION 4.  Section 771.061, Health and Safety Code, is
	amended to read as follows:
	Sec. 771.061.  STATEWIDE CONFIDENTIALITY OF INFORMATION.
	(a) Information that a service provider of communications
	[telecommunications] service is required to furnish to a
	governmental entity, including a regional planning commission,
	emergency communications district, or public safety answering
	point, in providing 9-1-1 service or that a service provider, third
	party, or other entity voluntarily furnishes at the request of a
	governmental entity in providing [computerized] 9-1-1 service is
	confidential and is not available for public inspection.
	Information that is contained in an address database maintained by
	a governmental entity or a third party used in providing
	[computerized] 9-1-1 service is confidential and is not available
	for public inspection. The service provider or third party is not
	liable to any person who uses a [computerized] 9-1-1 service for the
	release of information furnished by the service provider or third
	party in providing [computerized] 9-1-1 service, unless the act or
	omission proximately causing the claim, damage, or loss constitutes
	gross negligence, recklessness, or intentional misconduct.
	(b)  Information that a service provider [of
	telecommunications service] furnishes to the commission or an
	emergency communication district to verify or audit emergency
	service fees or surcharge remittances and that includes access line
	or market share information of an individual service provider is
	confidential and not available for public inspection.
	(c)  This section shall be interpreted to provide protection
	relating to confidentiality and immunity and protection from
	liability with at least the same scope and to at least the same
	extent as described by federal law, including 47 U.S.C. Section
	1472.
	SECTION 5.  Section 772.001(6), Health and Safety Code, is
	amended to read as follows:
	(6)  "9-1-1 service" means a communications
	[telecommunications] service that connects users [through which
	the user of a public telephone system has the ability] to [reach] a
	public safety answering point through a 9-1-1 system [by dialing
	the digits 9-1-1].
	SECTION 6.  Sections 42.061(a), (b), and (c), Penal Code,
	are amended to read as follows:
	(a)  In this section "9-1-1 service" and "public safety
	answering point" or "PSAP" have the meanings assigned by Section
	771.001 [772.001], Health and Safety Code.
	(b)  A person commits an offense if the person makes a
	[telephone] call to a 9-1-1 service, or requests 9-1-1 services
	using an electronic communications device, when there is not an
	emergency and knowingly or intentionally:
	(1)  remains silent; or
	(2)  makes abusive or harassing statements to a PSAP
	employee.
	(c)  A person commits an offense if the person knowingly
	permits an electronic communications device, including a
	telephone, under the person's control to be used by another person
	in a manner described in Subsection (b).
	SECTION 7.  The heading to Section 42.062, Penal Code, is
	amended to read as follows:
	Sec. 42.062.  INTERFERENCE WITH EMERGENCY REQUEST FOR
	ASSISTANCE [TELEPHONE CALL].
	SECTION 8.  Sections 42.062(a), (b), and (d), Penal Code,
	are amended to read as follows:
	(a)  An individual commits an offense if the individual
	knowingly prevents or interferes with another individual's ability
	to place an emergency [telephone] call or to request assistance,
	including a request for assistance using an electronic
	communications device, in an emergency from a law enforcement
	agency, medical facility, or other agency or entity the primary
	purpose of which is to provide for the safety of individuals.
	(b)  An individual commits an offense if the individual
	recklessly renders unusable an electronic communications device,
	including a telephone, that would otherwise be used by another
	individual to place an emergency [telephone] call or to request
	assistance in an emergency from a law enforcement agency, medical
	facility, or other agency or entity the primary purpose of which is
	to provide for the safety of individuals.
	(d)  In this section, "emergency" means a condition or
	circumstance in which any individual is or is reasonably believed
	by the individual making a [telephone] call or requesting
	assistance to be in fear of imminent assault or in which property is
	or is reasonably believed by the individual making the [telephone]
	call or requesting assistance to be in imminent danger of damage or
	destruction.
	SECTION 9.  Section 772.401, Health and Safety Code, is
	repealed.
	SECTION 10.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 11.  This Act takes effect September 1, 2013.