Texas 2015 - 84th Regular

Texas Senate Bill SB788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Eltife, et al. S.B. No. 788
2		-	(Paddie)
	1	+	S.B. No. 788
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to requiring direct access to 9-1-1 service from certain
8	6		telephone systems and equivalent systems that use Internet Protocol
9	7		enabled services.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. This Act shall be known as Kari's Law.
12	10		SECTION 2. Subtitle B, Title 9, Health and Safety Code, is
13	11		amended by adding Chapter 771A to read as follows:
14	12		CHAPTER 771A. ACCESS TO EMERGENCY COMMUNICATIONS SERVICES IN
15	13		GENERAL
16	14		Sec. 771A.001. DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED.
17	15		(a) In this chapter:
18	16		(1) "9-1-1 service" means a communications service
19	17		that connects users to a public safety answering point through a
20	18		9-1-1 system.
21	19		(2) "Business service user" means a user of business
22	20		service that provides telecommunications service, including 9-1-1
23	21		service, to end users through a publicly or privately owned or
24	22		controlled telephone switch.
25	23		(3) "Commission" means the Commission on State
26	24		Emergency Communications.
27	25		(4) "Emergency communication district" means:
28	26		(A) a public agency or group of public agencies
29	27		acting jointly that provided 9-1-1 service before September 1,
30	28		1987, or that had voted or contracted before that date to provide
31	29		that service; or
32	30		(B) a district created under Subchapter B, C, D,
33	31		F, or G, Chapter 772.
34	32		(5) "Internet Protocol enabled service" has the
35	33		meaning assigned by Section 51.002, Utilities Code.
36	34		(6) "Telephone system" includes a multiline telephone
37	35		system.
38	36		(b) This section applies to the extent the section is not
39	37		inconsistent with or preempted by federal law.
40	38		(c) Notwithstanding any other law, a business service user
41	39		that owns or controls a telephone system or an equivalent system
42	40		that uses Internet Protocol enabled service and provides outbound
43	41		dialing capacity or access shall configure the telephone system or
44	42		equivalent system to allow a person initiating a 9-1-1 call on the
45	43		system to directly access 9-1-1 service by dialing the digits 9-1-1
46	44		without an additional code, digit, prefix, postfix, or trunk-access
47	45		code.
48	46		(d) A business service user that provides residential or
49	47		business facilities, owns or controls a telephone system or an
50	48		equivalent system that uses Internet Protocol enabled service, and
51	49		provides outbound dialing capacity or access shall configure the
52	50		telephone system or equivalent system to provide a notification to
53	51		a central location on the site of the residential or business
54	52		facility when a person within the residential or business facility
55	53		dials 9-1-1 if the system is able to be configured to provide the
56	54		notification without an improvement to the system's hardware. This
57	55		subsection does not require a business service user to have a person
58	56		available at the central location to receive a notification.
59	57		(e) The commission or the applicable emergency
60	58		communication district shall grant a one-year waiver of the
61	59		requirements under this section to a business service user if:
62	60		(1) the requirements would be unduly and unreasonably
63	61		cost prohibitive for a business service user to comply with; and
64	62		(2) the business service user provides an affidavit
65	63		not later than September 1 of each year stating:
66	64		(A) the manufacturer and model number of the
67	65		telephone system or equivalent system that needs to be reprogrammed
68	66		or replaced;
69	67		(B) that the business service user made a good
70	68		faith attempt to reprogram or replace the system; and
71	69		(C) if the telephone system or equivalent system
72	70		does not comply with Subsection (c), that the business service user
73	71		agrees to place an instructional sticker immediately adjacent to
74	72		each telephone that is accessed using the noncompliant system
75	73		indicating that during the waiver period the telephone is unable to
76	74		directly dial 9-1-1 and providing instructions for accessing 9-1-1
77	75		in case of an emergency. The instructional sticker must be printed
78	76		in at least 16-point boldface type in a contrasting color using a
79	77		font that is easily readable.
80	78		(f) The commission may adopt rules to implement this section
81	79		for areas that are governed by a regional plan, and an emergency
82	80		communication district may adopt those rules in accordance with
83	81		Section 771.062.
84	82		(g) On the request of the business service user, the
85	83		commission, an emergency communication district, or a home-rule
86	84		municipality that independently operates a 9-1-1 system shall
87	85		provide assistance to a business service user that is within the
88	86		applicable governmental entity's jurisdiction in complying with
89	87		this section.
90	88		SECTION 3. A business service user, as defined by Section
91	89		771A.001(a), Health and Safety Code, as added by this Act, shall
92	90		comply with Section 771A.001, Health and Safety Code, as added by
93	91		this Act, not later than September 1, 2016.
94	92		SECTION 4. This Act takes effect immediately if it receives
95	93		a vote of two-thirds of all the members elected to each house, as
96	94		provided by Section 39, Article III, Texas Constitution. If this
97	95		Act does not receive the vote necessary for immediate effect, this
98	96		Act takes effect September 1, 2015.
	97	+	______________________________ ______________________________
	98	+	President of the Senate Speaker of the House
	99	+	I hereby certify that S.B. No. 788 passed the Senate on
	100	+	April 16, 2015, by the following vote: Yeas 30, Nays 1.
	101	+	______________________________
	102	+	Secretary of the Senate
	103	+	I hereby certify that S.B. No. 788 passed the House on
	104	+	April 30, 2015, by the following vote: Yeas 137, Nays 2, one
	105	+	present not voting.
	106	+	______________________________
	107	+	Chief Clerk of the House
	108	+	Approved:
	109	+	______________________________
	110	+	Date
	111	+	______________________________
	112	+	Governor