Health and Safety Code
SUBTITLE B. EMERGENCIES
CHAPTER 771. STATE ADMINISTRATION OF EMERGENCY COMMUNICATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 771.001. Definitions.
In this chapter:
(1) "Advisory commission" means the Advisory Commission on State
Emergency Communications.
(2) "Business service user" means a user of business service that
provides telecommunications service, including 9-1-1 service, to
end users through a publicly or privately owned telephone switch.
(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 , or D , Chapter
772.
(4) "Intrastate long distance service provider" means a
telecommunications carrier providing intrastate long distance
service, as defined by the advisory commission.
(5) "Local exchange service provider" means a telecommunications
carrier providing telecommunications service in a local exchange
service area under a certificate of public convenience and
necessity issued by the Public Utility Commission of Texas.
(6) "9-1-1 service" means a telecommunications service that
provides the user of the public telephone system the ability to
reach a public safety answering point by dialing the digits
9-1-1.
(7) "Public agency" means the state, a municipality, a county, an
emergency communication district, a regional planning commission,
an appraisal district, or any other political subdivision or
district that provides, participates in the provision of, or has
authority to provide fire-fighting, law enforcement, ambulance,
medical, 9-1-1, or other emergency services.
(8) "Public safety agency" means the division of a public agency
that provides fire-fighting, police, medical, or other emergency
services, or a private entity that provides emergency medical or
ambulance services.
(9) "Public safety answering point" means a continuously operated
communications facility that is assigned the responsibility to
receive 9-1-1 calls and, as appropriate, to dispatch public
safety services or to extend, transfer, or relay 9-1-1 calls to
appropriate public safety agencies.
(10) "Regional planning commission" means a commission
established under Chapter 391, Local Government Code.
(11) "Business service" means a telecommunications service
classified as a business service under rules adopted by the
Public Utility Commission of Texas or under the applicable
tariffs of the principal service supplier.
(12) "Wireless service provider" means a provider of commercial
mobile service under Section 332(d), Federal Telecommunications
Act of 1996 (47 U.S.C. Section 151 et seq.), Federal
Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993 (Pub. L. No. 103-66), and includes a
provider of wireless two-way communication service,
radio-telephone communications related to cellular telephone
service, network radio access lines or the equivalent, and
personal communication service. The term does not include a
provider of:
(A) a service whose users do not have access to 9-1-1 service;
(B) a communication channel used only for data transmission;
(C) a wireless roaming service or other nonlocal radio access
line service; or
(D) a private telecommunications service.
(13) "Wireless telecommunications connection" means any wireless
communication mobile station assigned a number containing an area
code assigned to Texas by the North American Numbering Plan
Administrator that connects a wireless service provider to the
local exchange service provider.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 735, Sec. 1, eff. June 16,
1993; Acts 1993, 73rd Leg., ch. 936, Sec. 1, eff. Aug. 30, 1993;
Acts 1995, 74th Leg., ch. 638, Sec. 1, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1246, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER B. ADVISORY COMMISSION ON STATE EMERGENCY
COMMUNICATIONS
Sec. 771.031. Composition of Commission.
(a) The Advisory Commission on State Emergency Communications is
composed of:
(1) eight members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house of
representatives;
(4) the commissioner of public health or the commissioner's
designee;
(5) the public safety director of the Department of Public Safety
or the public safety director's designee;
(6) the executive director of the Criminal Justice Policy Council
or the executive director's designee; and
(7) the executive director of the major association representing
regional planning commissions or the executive director's
designee.
(b) The governor shall appoint one representative from each of
the three local exchange carriers that serve the most local
access lines in the state, one person who is a member of the
governing body of a municipality, one person who is a member of a
county commissioners court, and one person who is a director of
an emergency communication district described by Section
771.001(3)(B).
(c) The major association representing municipal governments
shall present to the governor a list of at least three eligible
candidates for the position on the advisory commission to be
filled by a member of a municipal governing body. The major
association representing county governments shall present to the
governor a list of at least three eligible candidates for the
position on the advisory commission to be filled by a member of a
county commissioners court. The governor shall consider those
recommendations but is not required to select a person
recommended.
(d) Appointed members of the advisory commission serve staggered
terms of six years, with the terms of four members expiring
September 1 of each odd-numbered year.
(e) A vacancy in an appointed position on the advisory commission
shall be filled in the same manner as the position of the member
whose departure created the vacancy.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 638, Sec. 2, eff. Sept. 1,
1995.
Sec. 771.032. Application of Sunset Act.
The Advisory Commission on State Emergency Communications is
subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
advisory commission is abolished and this chapter expires
September 1, 1999.
Added by Acts 1995, 74th Leg., ch. 970, Sec. 2.01, eff. Sept. 1,
1995.
Sec. 771.033. Chairman; Meetings.
(a) The advisory commission shall appoint a chairman from among
its members at the first meeting of the commission after the
biennial appointment of commission members.
(b) The advisory commission shall meet in Austin and at other
places fixed by the commission at the call of the chairman.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.034. Expenses.
The expenses of a member of the advisory commission shall be
paid as provided by the General Appropriations Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.035. Staff.
The advisory commission may employ persons as necessary to
carry out its functions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. ADMINISTRATION OF STATE EMERGENCY COMMUNICATIONS
Sec. 771.051. Powers and Duties of Advisory Commission.
(a) The advisory commission shall:
(1) administer the implementation of statewide 9-1-1 service and
the telecommunications requirements for poison control centers
under Chapter 777;
(2) develop minimum performance standards for equipment and
operation of 9-1-1 service to be followed in developing regional
plans under Section 771.055, including requirements that the
plans provide for:
(A) automatic number identification by which the telephone number
of the caller is automatically identified at the public safety
answering point receiving the call; and
(B) other features the commission considers appropriate;
(3) examine and approve or disapprove regional plans as provided
by Section 771.056;
(4) recommend minimum training standards, assist in training, and
provide assistance in the establishment and operation of 9-1-1
service;
(5) allocate money to prepare and operate regional plans as
provided by Section 771.056;
(6) develop and provide public education materials and training;
(7) plan, implement, operate, and maintain poison control center
databases and assist in planning, supporting, and facilitating
9-1-1 databases, as needed;
(8) provide grants or contracts for services that enhance the
effectiveness of 9-1-1 service; and
(9) accept, receive, and deposit in its account in the general
revenue fund gifts, grants, and royalties from public and private
entities. Gifts, grants, and royalties may be used for the
purposes of the commission.
(b) The advisory commission shall comply with state laws
requiring state agencies, boards, or commissions generally to
submit appropriations requests to the Legislative Budget Board
and the governor and to develop a strategic plan for operations.
(c) The advisory commission may obtain a commercial license or
sublicense to sell 9-1-1 or poison control public education and
training materials in this state or in other states. The
advisory commission may use all profits from sales for purposes
of the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 1.05, eff. April
19, 1993; Acts 1995, 74th Leg., ch. 638, Sec. 3, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1377, Sec. 1, eff. Sept. 1, 1997.
Sec. 771.052. Agency Cooperation.
Each public agency and regional planning commission shall
cooperate with the advisory commission to the fullest extent
possible.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.053. Liability of Service Providers and Certain Public Officers.
(a) A service provider of telecommunications service involved
in providing 9-1-1 service, a manufacturer of equipment used in
providing 9-1-1 service, or an officer or employee of a service
provider 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.
(b) A member of the advisory commission or of the governing
body of a public agency is not liable for any claim, damage, or
loss arising from the provision of 9-1-1 service unless the act
or omission causing the claim, damage, or loss violates a statute
or ordinance applicable to the action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 2, eff. Aug. 30,
1993.
Sec. 771.054. Effect of Chapter on Emergency Communication Districts.
Except as expressly provided by this chapter, this chapter does
not affect the existence or operation of an emergency
communication district or prevent the addition of territory to
the area served by an emergency communication district as
provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.055. Development of Regional Plans.
(a) Each regional planning commission shall develop a plan for
the establishment and operation of 9-1-1 service throughout the
region that the regional planning commission serves. The service
must meet the standards established by the advisory commission.
(b) The plan must include a description of how the service is
to be administered. The service may be administered by an
emergency communication district, municipality, or county, by a
combination formed by interlocal contract, or by other
appropriate means as determined by the regional planning
commission. In a region in which one or more emergency
communication districts exist, a preference shall be given to
administration by those districts and expansion of the area
served by those districts.
(c) A regional plan must include a description of how money
allocated to the region under this chapter is to be allocated in
the region.
(d) In a region in which one or more emergency communication
districts exist, if a district chooses to participate in the
plan, the district shall assist in the development of the plan.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.056. Submission of Plan to Commission.
(a) The regional planning commission shall submit a regional
plan to the advisory commission for approval or disapproval.
(b) In making its determination, the advisory commission shall
consider whether the plan satisfies the standards established by
the advisory commission under this chapter, the cost and
effectiveness of the plan, and the appropriateness of the plan in
the establishment of statewide 9-1-1 service.
(c) If the advisory commission disapproves the plan, it shall
specify the reasons for disapproval and set a deadline for
submission of a modified plan.
(d) If the advisory commission approves the plan, it shall
allocate to the region from the money collected under Section
771.072 the amount that the advisory commission considers
appropriate to operate 9-1-1 service in the region according to
the plan.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.057. Amendment of Plan.
A regional plan may be amended according to the procedure
determined by the advisory commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.058. Optional Participation in Plan.
(a) In a county with a population of 120,000 or less, the
county or another public agency, other than the state, located in
the county is not required to participate in the regional plan
applicable to the regional planning commission in which it is
located, and the fee imposed under this chapter may not be
charged to a customer in the county or territory of the public
agency other than the county, unless the county or other public
agency chooses to participate in the plan by resolution of its
governing body.
(b) On approval by the advisory commission, an emergency
communication district may choose to participate in the regional
plan applicable to the regional planning commission region in
which the district is located. An emergency communication
district described by Section 771.001(2)(A) may choose to
participate in the regional plan by resolution of its governing
body or by adoption of an ordinance. An emergency communication
district described by Section 771.001(2)(B) may choose to
participate in the regional plan by order of the district's board
after a public hearing held in the manner required for a public
hearing on the continuation of the district under the law
governing the district. Following the adoption of the
resolution, ordinance, or order and approval by the advisory
commission, the regional planning commission shall amend the
regional plan to take into account the participation of the
emergency communication district.
(c) Participation in the regional plan by an emergency
communication district does not affect the organization or
operation of the district, except that the district may not
collect an emergency communication fee or other special fee for
9-1-1 service not permitted by this chapter. Participation by
the district in the plan does not affect the district's authority
to set its own fees in the territory under its jurisdiction on
January 1, 1988.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 670, Sec. 2, eff. Sept. 1,
1993.
Sec. 771.059. Deadline for Statewide 9-1-1 Service.
Before September 1, 1995, all parts of the state must be
covered by 9-1-1 service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 771.060. Business Providing Residential Telephone Switches.
A business service user that provides residential facilities
and owns or leases a private 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 providing to other residential end users in
the area participating in the regional plan under Section
771.051(2).
Added by Acts 1993, 73rd Leg., ch. 936, Sec. 3, eff. Aug. 30,
1993.
Sec. 771.061. Confidentiality of Information.
(a) Information that a service provider of telecommunications
service is required to furnish to 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 advisory commission, a regional planning
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.
Added by Acts 1997, 75th Leg., ch. 1377, Sec. 2, eff. Sept. 1,
1997.
Sec. 771.062. Local Adoption of State Rule.
(a) An emergency communication district may adopt any provision
of this chapter or any advisory commission rule. The advisory
commission may enforce a provision or rule adopted by an
emergency communication district under this section.
(b) The advisory commission shall maintain and update at least
annually a list of provisions or rules that have been adopted by
emergency communication districts under this section.
Added by Acts 1997, 75th Leg., ch. 1377, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER D. FINANCING STATE EMERGENCY COMMUNICATIONS
Sec. 771.071. Emergency Service Fee.
(a) Except as otherwise provided by this subchapter, the advisory
commission may impose a 9-1-1 emergency service fee on each local
exchange access line or equivalent local exchange access line,
including lines of customers in an area served by an emergency
communication district participating in the applicable regional
plan. 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, shall be charged the 9-1-1 emergency
service fee. The fee may not be imposed on a line to
coin-operated public telephone equipment or to public telephone
equipment operated by coin or by card reader. For purposes of
this section, the advisory commission shall determine what
constitutes an equivalent local exchange access line.
(b) The amount of the fee may not exceed 50 cents a month for
each line.
(c) The advisory commission may set the fee in a different amount
in each regional planning commission region based on the cost of
providing 9-1-1 service to each region.
(d) The fee does not apply to an emergency communication district
not participating in the applicable regional plan. A customer in
an area served by an emergency communication district not
participating in the regional plan may not be charged a fee under
this section. Money collected under this section may not be
allocated to an emergency communication district not
participating in the applicable regional plan.
(e) A local exchange service provider shall collect the fees
imposed on its customers under this section. Not later than the
60th day after the last day of the month in which the fees are
collected, the local exchange service provider shall deliver the
fees to the regional planning commission or other public agency
designated by the regional planning commission and located in the
area served by the regional planning commission.
(f) The regional planning commission or designated public agency
shall distribute the fees to the public agencies in the county
for use in providing 9-1-1 service.
(g) Notwithstanding any other law, revenue derived from the fees
imposed under this section may be appropriated to the emergency
medical services and trauma care system fund established by
Section 773.121. The comptroller shall transfer funds
appropriated in accordance with this section to the emergency
medical services and trauma care system fund to be used only for
the purposes described by Section 773.121 through 773.124.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 4, eff. Aug. 30,
1993; Acts 1997, 75th Leg., ch. 1157, Sec. 2, eff. Sept. 1, 1997.
Sec. 771.0711. Emergency Service Fee for Wireless Telecommunications
Connections.
(a) To provide for automatic number identification and
automatic location identification of wireless 9-1-1 calls, the
advisory 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 50 cents a month for each wireless
telecommunications connection from its subscribers and shall pay
the money collected to the advisory commission 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 one percent of the amount collected. Money
the advisory commission collects under this subsection is from
local fees and the money remains outside 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.
Within 15 days of the date of collection of the money, the
advisory commission shall distribute to each regional planning
commission and emergency communication district a portion of the
money that bears the same proportion to the total amount
collected that the population of the area served by the
commission or district bears to the total combined population of
the areas served by a commission or district.
(d) A service provider of telecommunications service involved
in providing wireless 9-1-1 service is not liable for any claim,
damage, or loss arising from the provision of wireless 9-1-1
service unless the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or
intentional misconduct.
(e) A member of the advisory commission, the governing body of
a public agency, or the General Services Commission is not liable
for any claim, damage, or loss arising from the provision of
wireless 9-1-1 service unless the act or omission causing the
claim, damage, or loss violates a statute or ordinance applicable
to the action.
(f) A wireless service provider is not required to take legal
action to enforce the collection of any wireless 9-1-1 service
fee. The advisory commission may establish collection procedures
and recover the cost of collection from the subscriber liable for
the fee. The advisory commission may institute legal proceedings
to collect a fee and in those proceedings is entitled to recover
from the subscriber court costs, attorney's fees, and interest on
the amount delinquent. The interest is computed at an annual
rate of 12 percent beginning on the date the fee becomes due.
(g) On receipt of an invoice from a wireless service provider
for reasonable expenses for network facilities, including
equipment, installation, maintenance, and associated
implementation costs, the advisory commission or an emergency
services district of a home-rule municipality or an emergency
communication district created under Chapter 772 shall reimburse
the wireless service provider in accordance with state law for
all expenses related to 9-1-1 service.
(h) Information that a wireless service provider is required to
furnish to a governmental entity in providing 9-1-1 service is
confidential and exempt from disclosure under Chapter 552,
Government Code. The wireless service provider is not liable to
any person who uses a 9-1-1 service created under this subchapter
for the release of information furnished by the wireless service
provider in providing 9-1-1 service. Information that is
confidential under this section may be released only for
budgetary calculation purposes and only in aggregate form so that
no provider-specific information may be extrapolated.
(i) Nothing in this section may be construed to apply to
wireline 9-1-1 service.
(j) Nothing in this section precludes funds collected under
Section 771.072 (Equalization Surcharge) from being used to cover
costs under Subsection (g), as necessary and appropriate,
including for rural areas that may need additional funds for
wireless 9-1-1.
Added by Acts 1997, 75th Leg., ch. 1246, Sec. 2, eff. Sept. 1,
1997.
Sec. 771.072. Equalization Surcharge.
(a) In addition to the fee imposed under Section 771.071, the
advisory commission shall impose a 9-1-1 equalization surcharge
on each customer receiving intrastate long-distance service,
including customers in an area served by an emergency
communication district, even if the district is not participating
in the regional plan.
(b) The amount of the surcharge may not exceed 1-3/10 of one
percent of the charges for intrastate long-distance service, as
defined by the commission.
(c) Except as provided by Section 771.073(f), an intrastate
long-distance service provider shall collect the surcharge
imposed on its customers under this section and shall deliver the
surcharges to the advisory commission not later than the 60th day
after the last day of the month in which the surcharges are
collected.
(d) From the revenue received from the surcharge imposed under
this section, the amount derived from the application of the
surcharge at a rate of not more than .5 percent shall be
allocated to regional planning commissions or other public
agencies designated by the regional planning commissions for use
in carrying out the regional plans provided for by this chapter.
The allocations to the regional planning commissions are not
required to be equal, but should be made to carry out the policy
of this chapter to implement 9-1-1 service statewide. Money
collected under this section may be allocated to an emergency
communication district regardless of whether the district is
participating in the applicable regional plan.
(e) From the revenue received from the surcharge imposed by
this section, the amount derived from the application of the
surcharge at a rate of not more than .8 percent shall be
periodically allocated to the Texas Department of Health to fund
grants awarded under Section 777.009.
(f) The advisory commission shall deposit the surcharges and
any prior balances in an account in the general revenue fund in
the state treasury until they are allocated to regional planning
commissions and poison control centers in accordance with this
section. From that account, the amount necessary for the
commission to fund approved plans of regional planning
commissions and regional poison control centers and to carry out
its duties under this chapter shall be appropriated to the
commission. Sections 403.094 and 403.095, Government Code, do
not apply to the account established by this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 1.06, eff. Aug. 31,
1994; Acts 1993, 73rd Leg., ch. 670, Sec. 3, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 638, Sec. 4, eff. Sept. 1, 1995.
Sec. 771.0725. Establishment of Rates for Fees.
(a) Subject to the applicable limitations prescribed by
Sections 771.071(b) and 771.072(b), (d), and (e), the Public
Utility Commission of Texas shall monitor the establishment of:
(1) emergency service fees imposed under Section 771.071;
and
(2) the equalization surcharge imposed under Section
771.072, including the allocation of revenue under Sections
771.072(d) and (e).
(b) Each year the advisory commission shall provide
documentation to the Public Utility Commission of Texas regarding
the rate at which each fee should be imposed and the allocation
of revenue under Sections 771.072(d) and (e). The advisory
commission may provide such documentation more often under this
subsection if the advisory commission determines that action is
necessary.
(c) The Public Utility Commission of Texas shall review the
documentation provided by the advisory commission as well as
allocations derived therefrom and also identified by the advisory
commission. If the Public Utility Commission of Texas determines
that a recommended rate or allocation is not appropriate, the
Public Utility Commission of Texas shall provide comments to the
advisory commission, the governor, and the Legislative Budget
Board regarding appropriate rates and the basis for that
determination.
(d) The Public Utility Commission of Texas may review and make
comments regarding a rate or allocation under this section in an
informal proceeding. A proceeding in which a rate or allocation
is reviewed is not a contested case for purposes of Chapter 2001,
Government Code. A review of a rate or allocation is not a rate
change for purposes of Subtitle E, Title II, or Subtitle E, Title
III, Public Utility Regulatory Act of 1995 (Article 1446c-0,
Vernon's Texas Civil Statutes).
Added by Acts 1997, 75th Leg., ch. 1241, Sec. 1, eff. Sept. 1,
1997.
Sec. 771.073. Collection of Fees and Surcharges.
(a) A customer on which a fee or surcharge is imposed under
this subchapter is liable for the fee or surcharge in the same
manner as the customer is liable for the charges for services
provided by the service provider. The service provider shall
collect the fees and surcharges in the same manner it collects
those charges for service, except that the service provider is
not required to take legal action to enforce the collection of
the fees or surcharges. A fee or surcharge must be stated
separately on the customer's bill.
(b) A business service user that provides residential
facilities and owns or leases a private telephone switch used to
provide telephone service to facility residents shall collect the
9-1-1 emergency service fee and transmit the fees monthly to the
regional planning commission or other entity designated by the
commission to collect the fee. 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. A court may award court
costs, attorney's fees, and interest on the amount delinquent at
an annual rate of 12 percent, to be paid by the nonpaying
business service user. A sworn affidavit by the entity that
administers the 9-1-1 service specifying the unremitted fees is
prima facie evidence that the fees were not remitted and of the
amount of the unremitted fees.
(c) The advisory commission, the regional planning commission,
or a public agency designated by the regional planning commission
may establish collection procedures and recover the cost of
collection from the customer liable for the fee or surcharge.
The advisory commission, the regional planning commission, or the
designated public agency may institute legal proceedings to
collect a fee or surcharge and in those proceedings is entitled
to recover from the customer court costs, attorney's fees, and an
interest on the amount delinquent. The interest is computed at
an annual rate of 12 percent beginning on the date the fee or
surcharge becomes due.
(d) A service provider may not disconnect services for
nonpayment of a fee or surcharge imposed under this subchapter.
(e) A service provider collecting fees or surcharges under this
subchapter may retain as an administrative fee an amount equal to
two percent of the total amount collected.
(f) The advisory commission may establish payment schedules and
minimum payment thresholds for fees and surcharges imposed under
this subchapter.
(g) A 9-1-1 service provider is responsible for correctly
billing and remitting applicable 9-1-1 fees, charges, and
equalization surcharges. Any 9-1-1 fees, charges, or
equalization surcharges erroneously billed to a subscriber by a
9-1-1 service provider and erroneously remitted to the advisory
commission, a regional planning commission, or an emergency
communication district may not be recovered from the advisory
commission, regional planning commission, or emergency
communication district, unless the fees or charges were adjusted
due to a refund to the subscriber by the local exchange carrier
or interexchange carrier.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 5, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 638, Sec. 5, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1377, Sec. 3, eff. Sept. 1, 1997.
Sec. 771.074. Exemption.
A fee or surcharge authorized by this subchapter, Chapter 772,
or a home-rule municipality may not be imposed on or collected
from the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1377, Sec. 4, eff. Sept. 1,
1997.
Sec. 771.075. Use of Revenue.
Except as provided by Section 771.072(e), 771.072(f), or
771.073(e), fees and surcharges collected under this subchapter
may be used only for planning, development, provision, and
enhancing the effectiveness of 9-1-1 service as approved by the
advisory commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 670, Sec. 4, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 936, Sec. 6, eff. Aug. 30, 1993;
Acts 1995, 74th Leg., ch. 638, Sec. 6, eff. Sept. 1, 1995.
Sec. 771.076. Audits.
(a) The advisory commission may require at its own expense that
an audit be conducted of a service provider collecting fees or
surcharges under this subchapter or of a public agency receiving
money under this chapter.
(b) If the comptroller conducts an audit of a service provider
that collects and disburses fees or surcharges under this
subchapter, the comptroller may also audit those collections and
disbursements to determine if the provider is complying with this
chapter.
(c) At the request of the Public Utility Commission of Texas,
the state auditor may audit a regional planning commission or
other public agency designated by the regional planning
commission that receives money under this subchapter.
(d) The audit of a service provider under Subsection (a) must
be limited to the collection and remittance of money collected
under this subchapter. The audit of a public agency under
Subsection (a) or (c) must be limited to the collection,
remittance, and expenditure of money collected under this
subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1241, Sec. 2, eff. Sept. 1,
1997.
Sec. 771.077. Collection of Fees and Surcharges by Advisory Commission.
(a) The advisory commission may establish collection procedures
to collect past due amounts and recover the costs of collection
from a service provider or business service user that fails to
timely deliver:
(1) the fees to the regional planning commission or other
public agency designated by the regional planning commission;
or
(2) the equalization surcharge to the advisory commission.
(b) The advisory commission shall establish procedures to be
used by a regional planning commission or designated public
agency to notify the advisory commission of a service provider's
or business service user's failure to timely deliver the fees.
(c) In addition to amounts collected under Subsection (a),
after notice and an opportunity for a hearing, the advisory
commission may assess a late penalty against a service provider
who fails to timely deliver the fees or surcharges. The late
penalty is in an amount not to exceed $100 a day for each day
that the fees or surcharges are late.
(d) The advisory commission shall deposit amounts received as
costs of collection in the general revenue fund. Fees and any
associated late penalties collected under this section shall be
delivered to the appropriate regional planning commission or
other designated public agency as provided by Section 771.071(e),
and surcharges and any associated late penalties shall be
deposited as provided by Section 771.072(f).
Added by Acts 1995, 74th Leg., ch. 638, Sec. 7, eff. Sept. 1,
1995