81R7510 YDB-F
By: Chisum H.B. No. 2507
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an interoperable statewide
emergency radio infrastructure and the imposition of an emergency
radio infrastructure fee on certain telephone services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 771, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. INTEROPERABLE STATEWIDE EMERGENCY
RADIO INFRASTRUCTURE
Sec. 771.151. DEFINITIONS. In this subchapter:
(1) "Emergency radio infrastructure" means radio
frequency hardware, software, or auxiliary equipment that:
(A) provides dispatch communications for this
state and local governments to public safety agencies; and
(B) permits interoperable communication between
different public safety agencies.
(2) "Local exchange access line" and "equivalent local
exchange access line" have the meanings determined by the advisory
commission under Section 771.063.
Sec. 771.152. EMERGENCY RADIO INFRASTRUCTURE FEE. (a)
Notwithstanding Section 391.011, Local Government Code, and in
accordance with this chapter and Chapter 772, to provide and
maintain an interoperable statewide emergency radio
infrastructure, the commission shall, for each customer required to
pay a fee under Sections 771.071, 771.0711, 771.072, 772.114,
772.214, and 772.314, impose an emergency radio infrastructure fee
on:
(1) a local exchange access line, equivalent local
exchange access line, or wireless telecommunications connection;
and
(2) a customer receiving intrastate long distance
service.
(b) 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 emergency radio
infrastructure fee. The fee may not be imposed on:
(1) a line to coin-operated public telephone equipment
or to public telephone equipment operated by card reader; or
(2) any line that the commission excluded from the
definition of a local exchange access line or an equivalent local
exchange access line under Section 771.063.
(c) The amount of the fee may not exceed 25 cents a month for
each line.
(d) The emergency radio infrastructure fee imposed under
this section is in addition to any other fee authorized by this
chapter or Chapter 772, including Sections 771.071, 771.0711,
771.072, 772.114, 772.214, and 772.314.
Sec. 771.153. COLLECTION OF FEE. (a) A customer on which a
fee is imposed under this subchapter is liable for the fee in the
same manner as the customer is liable for the charge for services
provided by the local exchange service provider, wireless service
provider, or intrastate long distance service provider. The
provider shall collect the fees imposed on its customers under this
subchapter at the same time and in the same manner as the provider
collects the charges for the service provided by the provider. The
fee must be stated separately on the customer's bill.
(b) A local exchange service provider, wireless service
provider, or intrastate long distance service provider shall
monthly collect the emergency radio infrastructure fee imposed on
its customers under Section 771.152. Not later than the 30th day
after the last day of the month in which fees are collected, the
provider shall remit the fees to the comptroller. The comptroller
shall deposit money from the fees to the credit of the emergency
radio infrastructure fee account.
(c) A local exchange service provider, wireless service
provider, or intrastate long distance service provider shall
maintain records of the amount of fees the provider collects at
least until the second anniversary of the date the fee was
collected. The comptroller may require at the comptroller's
expense an annual audit of the provider's books and records.
(d) A local exchange service provider, wireless service
provider, or intrastate long distance service provider may retain
an administrative fee of two percent of the amount collected under
this section.
(e) A local exchange service provider, wireless service
provider, or intrastate long distance service provider is not
required to take any legal action to enforce the collection of the
emergency radio infrastructure fee. The provider annually shall
provide the comptroller with a certificate of delinquency that
indicates the total amount of all delinquent fees and the name and
address of each nonpaying customer.
(f) The comptroller may institute legal proceedings to
collect a fee owed under this subchapter that is not paid and may
establish internal collection procedures and recover from the
customer the costs of collection. If the comptroller prevails, the
court may award the comptroller court costs, attorney's fees, and
interest on the delinquent amount. A delinquent fee accrues
interest at an annual rate of 12 percent beginning on the date the
payment becomes due.
Sec. 771.154. USE OF REVENUE. (a) Fees collected under
this subchapter may only:
(1) be used for the planning, development, provision,
enhancement, or ongoing maintenance of an interoperable statewide
emergency radio infrastructure;
(2) be used in accordance with the state
communications interoperability plan;
(3) be used for the development of a regional or state
interoperable radio communication system; or
(4) be distributed as grants by the commission to:
(A) regional councils of government that have
entered into interlocal agreements authorized under state law; and
(B) state agencies requiring emergency radio
communications infrastructure.
(b) Fees collected and distributed as provided by this
subchapter may not be used to purchase or maintain radio subscriber
equipment.
Sec. 771.155. EMERGENCY RADIO INFRASTRUCTURE FEE ACCOUNT.
(a) The emergency radio infrastructure fee account is an account in
the general revenue fund.
(b) The account consists of:
(1) fees deposited in the fund as provided by Section
771.153; and
(2) notwithstanding Section 404.071, Government Code,
all interest attributable to money held in the account.
(c) Money in the account may be appropriated only to the
commission for the planning, development, provision, enhancement,
or ongoing maintenance of an interoperable statewide emergency
radio infrastructure.
(d) Section 403.095, Government Code, does not apply to the
account.
SECTION 2. Notwithstanding Subchapter F, Chapter 771,
Health and Safety Code, as added by this Act, a local exchange
service provider, wireless service provider, or intrastate long
distance service provider is not required to collect the emergency
radio infrastructure fee required by that subchapter until January
1, 2010.
SECTION 3. This Act takes effect September 1, 2009.