82R1344 ALL-D
By: Guillen H.B. No. 3717
A BILL TO BE ENTITLED
AN ACT
relating to fees for emergency first response service provided by
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 783 to read as follows:
CHAPTER 783. LOCAL EMERGENCY SERVICE FEES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 783.001. DEFINITION. In this chapter, "first
responder" has the meaning assigned by Section 421.095, Government
Code.
Sec. 783.002. APPLICABILITY. This chapter applies only to
a county any part of which is located within 50 miles of an
international border.
[Sections 783.003-783.050 reserved for expansion]
SUBCHAPTER B. IMPOSITION OF LOCAL
EMERGENCY SERVICE FEES
Sec. 783.051. LOCAL EMERGENCY SERVICE FEES. (a) The
commissioners court of a county by order may impose one or more of
the following local emergency service fees:
(1) a fee on each local exchange access line or
equivalent local exchange access line of customers in the county;
(2) a fee on each wireless telecommunications
connection collected by wireless service providers from wireless
service subscribers in the county; and
(3) a fee on each prepaid wireless telecommunications
service purchased by any method in the county.
(b) The local emergency service fees are in addition to the
9-1-1 emergency service fees imposed under Sections 771.071,
771.0711, and 771.0712 and shall be imposed and collected in the
same manner and at the same time as the corresponding 9-1-1
emergency service fees under those sections, except as otherwise
provided by this chapter. For purposes of the imposition and
collection of the fees, a term used in this chapter and defined by
Chapter 771 has the meaning assigned by Chapter 771.
Sec. 783.052. ESTABLISHMENT OF AMOUNTS OF FEES. (a) The
commissioners court by order shall set the amounts of each local
emergency service fee each year as part of the county's annual
budget. The amounts may not exceed:
(1) 50 cents per month for each local exchange access
line or equivalent local exchange access line;
(2) 50 cents per month for each wireless
telecommunications connection; and
(3) two percent of the purchase price of each prepaid
wireless telecommunications service purchased.
(b) The commissioners court shall notify the comptroller
and each affected collector of each fee of a change in the amount of
a fee not later than the 91st day before the date the change takes
effect.
[Sections 783.053-783.100 reserved for expansion]
SUBCHAPTER C. DEPOSIT, DISTRIBUTION, AND USE OF REVENUE
Sec. 783.101. TRUST ACCOUNT. The comptroller shall
deposit the fees collected by the comptroller under this chapter in
trust in the separate suspense account of the county from which the
fees were collected.
Sec. 783.102. DISTRIBUTION OF TRUST FUNDS. At least twice
during each state fiscal year and at other times as often as
feasible, the comptroller shall send to the county treasurer
payable to the county the county's share of the fees collected by
the comptroller under this chapter.
Sec. 783.103. AMOUNTS RETAINED IN TRUST ACCOUNT. (a) The
comptroller may retain in the suspense account of a county a portion
of the county's share of the fees collected for the county under
this chapter, not to exceed five percent of the amount remitted to
the county. If a fee is abolished, the amount that may be retained
may not exceed five percent of the final remittance to the county at
the time of the termination of the collection of the fee.
(b) From the amounts retained in a county's suspense
account, the comptroller may make refunds for overpayments to the
account and to redeem dishonored checks and drafts deposited to the
credit of the account.
Sec. 783.104. INTEREST ON FEE REVENUE. Interest earned on
all deposits made with the comptroller under this chapter,
including interest earned from the suspense accounts retained under
Section 783.103, shall be sent at least twice during each state
fiscal year, and at other times as often as feasible, to each county
treasurer payable to the appropriate county in proportion to that
county's share of the fees collected by the comptroller under this
chapter.
Sec. 783.105. USE OF FEE REVENUE FOR EMERGENCY FIRST
RESPONSE SERVICE. (a) The money received by a county under this
chapter is for the use and benefit of the county. The county may use
the money only to provide for and equip first responders.
(b) Money received under this chapter may be used or pledged
as security for bonds or other obligations issued by a county for
first responder purposes.
[Sections 783.106-783.150 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT
Sec. 783.151. RULES. The comptroller shall adopt any
necessary rules for the administration, payment, collection,
remittance, and enforcement of the fees imposed under this chapter.
SECTION 2. This Act takes effect September 1, 2011.