Texas 2013 - 83rd Regular

Texas House Bill HB1972 Compare Versions

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1	1	By: Kleinschmidt (Senate Sponsor - Hancock) H.B. No. 1972
2	2	(In the Senate - Received from the House April 25, 2013;
3	3	April 29, 2013, read first time and referred to Committee on
4	4	Business and Commerce; May 7, 2013, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 7, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the provision of 9-1-1 services; providing criminal
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 771.001(6), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(6) "9-1-1 service" means a communications
16	16	[telecommunications] service that connects users [provides the
17	17	user of the public telephone system the ability] to [reach] a public
18	18	safety answering point through a [by dialing the digits] 9-1-1
19	19	system.
20	20	SECTION 2. The heading to Section 771.053, Health and
21	21	Safety Code, is amended to read as follows:
22	22	Sec. 771.053. STATEWIDE LIMITATION ON LIABILITY OF SERVICE
23	23	PROVIDERS AND CERTAIN PUBLIC OFFICERS.
24	24	SECTION 3. Section 771.053, Health and Safety Code, is
25	25	amended by amending Subsection (a) and adding Subsection (c) to
26	26	read as follows:
27	27	(a) A service provider of communications
28	28	[telecommunications] service involved in providing 9-1-1 service,
29	29	a manufacturer of equipment used in providing 9-1-1 service, a
30	30	developer of software used in providing 9-1-1 service, a third
31	31	party or other entity involved in providing 9-1-1 service, or an
32	32	officer, director, or employee of the [a] service provider,
33	33	manufacturer, developer, third party, or other entity involved in
34	34	providing 9-1-1 service is not liable for any claim, damage, or loss
35	35	arising from the provision of 9-1-1 service unless the act or
36	36	omission proximately causing the claim, damage, or loss constitutes
37	37	gross negligence, recklessness, or intentional misconduct.
38	38	(c) This section shall be interpreted to provide protection
39	39	relating to confidentiality and immunity and protection from
40	40	liability with at least the same scope and to at least the same
41	41	extent as described by federal law, including 47 U.S.C. Section
42	42	615a and 47 U.S.C. Section 1472.
43	43	SECTION 4. Section 771.061, Health and Safety Code, is
44	44	amended to read as follows:
45	45	Sec. 771.061. STATEWIDE CONFIDENTIALITY OF INFORMATION.
46	46	(a) Information that a service provider of communications
47	47	[telecommunications] service is required to furnish to a
48	48	governmental entity, including a regional planning commission,
49	49	emergency communications district, or public safety answering
50	50	point, in providing 9-1-1 service or that a service provider, third
51	51	party, or other entity voluntarily furnishes at the request of a
52	52	governmental entity in providing [computerized] 9-1-1 service is
53	53	confidential and is not available for public inspection.
54	54	Information that is contained in an address database maintained by
55	55	a governmental entity or a third party used in providing
56	56	[computerized] 9-1-1 service is confidential and is not available
57	57	for public inspection. The service provider or third party is not
58	58	liable to any person who uses a [computerized] 9-1-1 service for the
59	59	release of information furnished by the service provider or third
60	60	party in providing [computerized] 9-1-1 service, unless the act or
61	61	omission proximately causing the claim, damage, or loss constitutes
62	62	gross negligence, recklessness, or intentional misconduct.
63	63	(b) Information that a service provider [of
64	64	telecommunications service] furnishes to the commission or an
65	65	emergency communication district to verify or audit emergency
66	66	service fees or surcharge remittances and that includes access line
67	67	or market share information of an individual service provider is
68	68	confidential and not available for public inspection.
69	69	(c) This section shall be interpreted to provide protection
70	70	relating to confidentiality and immunity and protection from
71	71	liability with at least the same scope and to at least the same
72	72	extent as described by federal law, including 47 U.S.C. Section
73	73	615a and 47 U.S.C. Section 1472.
74	74	SECTION 5. Section 772.001(6), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(6) "9-1-1 service" means a communications
77	77	[telecommunications] service that connects users [through which
78	78	the user of a public telephone system has the ability] to [reach] a
79	79	public safety answering point through a 9-1-1 system [by dialing
80	80	the digits 9-1-1].
81	81	SECTION 6. Sections 42.061(a), (b), and (c), Penal Code,
82	82	are amended to read as follows:
83	83	(a) In this section "9-1-1 service" and "public safety
84	84	answering point" or "PSAP" have the meanings assigned by Section
85	85	771.001 [772.001], Health and Safety Code.
86	86	(b) A person commits an offense if the person makes a
87	87	[telephone] call to a 9-1-1 service, or requests 9-1-1 service
88	88	using an electronic communications device, when there is not an
89	89	emergency and knowingly or intentionally:
90	90	(1) remains silent; or
91	91	(2) makes abusive or harassing statements to a PSAP
92	92	employee.
93	93	(c) A person commits an offense if the person knowingly
94	94	permits an electronic communications device, including a
95	95	telephone, under the person's control to be used by another person
96	96	in a manner described in Subsection (b).
97	97	SECTION 7. The heading to Section 42.062, Penal Code, is
98	98	amended to read as follows:
99	99	Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR
100	100	ASSISTANCE [TELEPHONE CALL].
101	101	SECTION 8. Sections 42.062(a), (b), and (d), Penal Code,
102	102	are amended to read as follows:
103	103	(a) An individual commits an offense if the individual
104	104	knowingly prevents or interferes with another individual's ability
105	105	to place an emergency [telephone] call or to request assistance,
106	106	including a request for assistance using an electronic
107	107	communications device, in an emergency from a law enforcement
108	108	agency, medical facility, or other agency or entity the primary
109	109	purpose of which is to provide for the safety of individuals.
110	110	(b) An individual commits an offense if the individual
111	111	recklessly renders unusable an electronic communications device,
112	112	including a telephone, that would otherwise be used by another
113	113	individual to place an emergency [telephone] call or to request
114	114	assistance in an emergency from a law enforcement agency, medical
115	115	facility, or other agency or entity the primary purpose of which is
116	116	to provide for the safety of individuals.
117	117	(d) In this section, "emergency" means a condition or
118	118	circumstance in which any individual is or is reasonably believed
119	119	by the individual making a [telephone] call or requesting
120	120	assistance to be in fear of imminent assault or in which property is
121	121	or is reasonably believed by the individual making the [telephone]
122	122	call or requesting assistance to be in imminent danger of damage or
123	123	destruction.
124	124	SECTION 9. Section 772.401, Health and Safety Code, is
125	125	repealed.
126	126	SECTION 10. Subchapter C, Chapter 171, Health and Safety
127	127	Code, is amended by adding Section 771.0512 to read as follows:
128	128	Sec. 771.0512. OBLIGATIONS OR REQUIREMENTS CONCERNING
129	129	VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR
130	130	COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE. Defining "9-1-1
131	131	service" as a communications service and other amendments effective
132	132	September 1, 2013, do not expand or change the authority or
133	133	jurisdiction of a public agency or the commission over commercial
134	134	mobile service or wireline service including Voice over Internet
135	135	Protocol service or Internet Protocol enabled service or expand the
136	136	authority of a public agency or the commission to assess 911 fees.
137	137	Nothing in this chapter affects Section 52.002(d), Utilities Code.
138	138	In this section, "Voice over Internet Protocol service," "Internet
139	139	Protocol enabled service," and "commercial mobile service" have the
140	140	meanings assigned by Sections 51.002 and 51.003, Utilities Code.
141	141	SECTION 11. Subchapter A, Chapter 772, Health and Safety
142	142	Code, is amended by adding Section 772.003 to read as follows:
143	143	Sec. 772.003. OBLIGATIONS OR REQUIREMENTS CONCERNING VOICE
144	144	OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR
145	145	COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE. Defining "9-1-1
146	146	service" as a communications service and other amendments effective
147	147	September 1, 2013, do not expand or change the authority or
148	148	jurisdiction of a public agency or the commission over commercial
149	149	mobile service or wireline service including Voice over Internet
150	150	Protocol service or Internet Protocol enabled service or expand the
151	151	authority of a public agency or the commission to assess 911 fees.
152	152	Nothing in this chapter affects Section 52.002(d), Utilities Code.
153	153	In this section, "Voice over Internet Protocol service," "Internet
154	154	Protocol enabled service," and "commercial mobile service" have the
155	155	meanings assigned by Sections 51.002 and 51.003, Utilities Code.
156	156	SECTION 12. The change in law made by this Act applies only
157	157	to an offense committed on or after the effective date of this Act.
158	158	An offense committed before the effective date of this Act is
159	159	governed by the law in effect on the date the offense was committed,
160	160	and the former law is continued in effect for that purpose. For
161	161	purposes of this section, an offense was committed before the
162	162	effective date of this Act if any element of the offense occurred
163	163	before that date.
164	164	SECTION 13. This Act takes effect September 1, 2013.
165	165	* * * * *