By: Kleinschmidt H.B. No. 1972
Substitute the following for H.B. No. 1972:
By: Flynn C.S.H.B. No. 1972
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
615a and 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
615a and 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 service
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. Section 771.0512, Health and Safety Code, is
added to read as follows:
Section. 771.0512. OBLIGATIONS OR REQUIREMENTS CONCERNING
VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR
COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE
Defining "9-1-1 service" as a communications service and
other amendments effective September 1, 2013 do not expand or
change the authority or jurisdiction of a public agency or the
commission over commercial mobile service or wireline service
including Voice over Internet Protocol service or Internet Protocol
enabled service or expend the authority of a public agency or the
commission to assess 911 fees. Nothing in this Chapter affects
Section 52.002(d), Chapter 52, Texas Utilities Code. In this
section "Voice over Internet Protocol service," "Internet Protocol
enabled service" and "commercial mobile service" have the meanings
assigned by Sections 51.002 and 51.003, Chapter 51, Texas Utilities
Code.
SECTION 11. Section 772.003, Health and Safety Code, is
added to read as follows:
Section. 772.003. OBLIGATIONS OR REQUIREMENTS CONCERNING
VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR
COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE
Defining "9-1-1 service" as a communications service and
other amendments effective September 1, 2013 do not expand or
change the authority or jurisdiction of a public agency or the
commission over commercial mobile service or wireline service
including Voice over Internet Protocol service or Internet Protocol
enabled service or expand the authority of a public agency or the
commission to assess 911 fees. Nothing in this Chapter affects
Section 52.002(d), Chapter 52, Texas Utilities Code. In this
section "Voice over Internet Protocol service," "Internet Protocol
enabled service" and "commercial mobile service" have the meanings
assigned by Sections 51.002 and 51.003, Chapter 51, Texas Utilities
Code.
SECTION 12. 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 13. This Act takes effect September 1, 2013.