By: White H.B. No. 2911
A BILL TO BE ENTITLED
AN ACT
relating to Next Generation 9-1-1 service and certain wireless
service provider administrative expense reimbursements and
increasing a fee cap.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.001, Health and Safety Code, is
amended by adding Subsection (5-a) and amending Subsection (6) to
read as follows:
(5-a) "Next generation 9-1-1 service" is defined as
that term is defined under Section 942(e)(5), Federal
Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.).
(6) “9-1-1 service” means a communications service
that connects users to a public safety answering point through a
9-1-1 system. 9-1-1 service includes Next Generation 9-1-1
service.
SECTION 2. Section 771.059, Health and Safety Code, is
amended to read as follows:
Sec. 771.059. TARGET DATE [DEADLINE] FOR STATEWIDE NEXT
GENERATION 9-1-1 SERVICE. Before September 1, 2025 [1995], all 19
parts of the state must be covered by Next Generation 9-1-1 service.
SECTION 3. The heading to Section 771.0711, Health and
Safety Code, is amended to read as follows:
Sec. 771.0711. GENERAL REQUIREMENTS FOR EMERGENCY SERVICE
FEES [FEE] FOR WIRELESS TELECOMMUNICATIONS CONNECTIONS.
SECTION 4. Section 771.0711, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (a-1), (b-1), and (k), to read as follows:
(a) To provide for automatic number identification and
automatic location identification of wireless 9-1-1 calls and for
the implementation and provision of next generation 9-1-1 service:
(1) [,] the commission shall impose [on each wireless
telecommunications connection] a monthly 9-1-1 emergency service
fee under Section 771.0713; and
(2) except as otherwise provided in Chapter 772, an
emergency communication district shall impose a monthly 9-1-1
emergency service fee under Section 771.0714.
(a-1) A political subdivision may not impose a [another] fee
other than a fee described by Subsection (a) on a wireless service
provider or subscriber for 9-1-1 [emergency] service.
(b) For a wireless telecommunications connection subject to
the 9-1-1 emergency service fee under Section 771.0713, a [A]
wireless service provider shall collect the fee described by that
section for [in an amount equal to 50 cents a month for] each
wireless telecommunications connection from its subscribers and
shall pay the money collected to the comptroller not later than the
30th day after the last day of the month during which the fees were
collected. The comptroller may establish alternative dates for
payment of the fees [under this section]. The wireless service
provider may retain an administrative fee of two [one] percent of
the amount of fees collected. The comptroller shall deposit the
money from the fees to the credit of the 9-1-1 services fee account.
Until deposited to the credit of the 9-1-1 services fee account [as
required by Subsection (c)], money the comptroller collects under
this subsection remains in a trust fund with the state treasury.
(b-1) For a wireless telecommunications connection subject
to a 9-1-1 emergency service fee under Section 771.0714, a wireless
service provider shall collect the fee for each wireless
telecommunications connection from its subscribers and pay the
money collected to the comptroller not later than the 30th day after
the last day of the month during which the fees were collected. The
wireless service provider may retain an administrative fee of two
percent of the amount of fees collected.
(c) Money collected under Subsections (b) and (b-1)
[Subsection (b)] may be used only for services related to 9-1-1
services, including automatic number identification and automatic
location information services and the provision of Next Generation
9-1-1 service, or as authorized by Section 771.079(c). Not later
than the 15th day after the end of the month in which the money is
collected, the commission shall distribute to each emergency
communication district that does not participate in the state
system [a portion of the money that bears the same proportion to the
total amount collected that the population of the area served by the
district bears to the population of the state] the total amount of
money remitted to the comptroller under Subsection (b-1) for
wireless telecommunications connections within the geographic
jurisdiction of that emergency communication district. The
remaining money collected under Subsection (b) shall be deposited
to the 9-1-1 services fee account.
(k) The following actions are required prior to the
commission or an emergency communication district imposing the
9-1-1 emergency service fee on each wireless telecommunications
connection in their respective geographic jurisdiction:
(1) The commission or the emergency communication
district must consider and adopt at an open meeting a plan for
implementation and provision of Next Generation 9-1-1 service and
the imposition of the 9-1-1 emergency service fee on each wireless
telecommunications connection.
(2) Any individual plan for implementation and
provision of Next Generation 9-1-1 service adopted by the
commission or an emergency communication district shall be reviewed
periodically to confirm that the plan continues to meet increased
consumer expectation for 9-1-1 service from modern communications
technologies.
SECTION 5. Section 771.0712(a), Health and Safety Code, is
amended to read as follows:
(a) To ensure that all 9-1-1 agencies under Section 418.051,
Government Code, are adequately funded, [beginning on June 1,
2010,] a prepaid wireless 9-1-1 emergency services fee of two
percent of the purchase price of each prepaid wireless
telecommunications service purchased by any method, shall be
collected by the seller from the consumer at the time of each retail
transaction of prepaid wireless telecommunications service
occurring in this state and remitted to the comptroller consistent
with Chapter 151, Tax Code[, and distributed consistent with the
procedures in place for the emergency services fee in Section
771.0711, Health and Safety Code]. Not later than the 15th day
after the last day of the month in which the money is collected, the
commission shall distribute to each emergency communication
district that does not participate in the applicable regional plan
a portion of the total money collected in the same proportion that
the population of the area served by the district bears to the
population of the state. The remaining money collected under
Subsection shall be deposited to the 9-1-1 services fee account.
Until deposited to the credit of the 9-1-1 services fee account as
required by this subsection, money the comptroller collects under
this subsection remains in a trust fund with the state treasury. A
seller may deduct and retain two percent of prepaid wireless 9-1-1
emergency services fees that it collects under this section to
offset its costs in administering this fee.
SECTION 6. Subchapter D, Chapter 771, Health and Safety
Code, is amended by adding Sections 771.0713, 771.0714, and
771.0715 to read as follows:
Sec. 771.0713. EMERGENCYSERVICEFEEFORWIRELESS
TELECOMMUNICATIONS CONNECTIONS: COMMISSION. (a) The commission
shall impose a 9-1-1 emergency service fee on each wireless
telecommunications connection that has a place of primary use
within the geographic area in which a regional planning commission
provides 9-1-1 service, including in an area served by an emergency
communication district participating in the state system.
(b) Not later than September 30 of each odd-numbered year,
the commission shall set the monthly 9-1-1 emergency service fee
for the ensuing two calendar years in an amount equal to either
$0.75, $1.00 or $1.25, to be effective on the first billing cycle of
the ensuing calendar year. Once the 9-1-1 emergency service fee is
established by the commission pursuant to this subsection, the
monthly fee shall remain unchanged for the ensuing two calendar
years.
(c) A subscriber receiving 9-1-1 service from a wireless
telecommunications connection described by Subsection (a) is not
subject to the fee described by Section 771.0714.
(d) Not later than October 1 of each odd-numbered year, the
commission shall publish in the Texas Register, post on its agency
website, and provide to the comptroller written notice of any
change in the amount of the fee imposed under Subsection (a).
Sec. 771.0714. EMERGENCY SERVICE FEE FOR WIRELESS
TELECOMMUNICATIONS CONNECTIONS: EMERGENCY COMMUNICATION DISTRICT.
(a) An emergency communication district not participating in the
state system shall impose a 9-1-1 emergency service fee on each
wireless telecommunications connection that has a place of primary
use within the district's jurisdiction.
(b) Not later than September 30 of each odd-numbered year,
each emergency communication district described by Subsection (a)
shall set the monthly 9-1-1 emergency service fee for the ensuing
two calendar years in an amount equal to either $0.75, $1.00 or
$1.25, to be effective on the first billing cycle of the ensuing
calendar year. Once the 9-1-1 emergency service fee is established
by each emergency communication district pursuant to this
subsection, the monthly fee shall remain unchanged for the ensuing
two calendar years.
(c) Any new territory added to an emergency communication
district described by Subsection (a) is subject to the 9-1-1
emergency service fee at the time the territory becomes part of the
district.
(d) Not later than October 1 of each odd-numbered year, each
emergency communication district described by Subsection (a) shall
provide to the comptroller written notice of any change in the
amount of the fee imposed under Subsection (a).
Sec. 771.0715. FEE REPORTS. Each wireless service provider
that collects a 9-1-1 emergency service fee under Sections
771.0711(b) and (b-1) shall provide to the comptroller a monthly
report in the form and manner prescribed by the comptroller that
outlines the money collected and remitted to the comptroller by the
wireless service provider under those subsections for the preceding
month. The report must contain the total amount collected and
remitted by the wireless service provider for that month and the
amount collected by the wireless service provider from each
wireless telecommunications connection within each regional plan
area geographic jurisdiction and within each emergency
communication district geographic jurisdiction. The comptroller
shall maintain and continuously update a list of the total amounts
collected and remitted by each wireless service provider and
provide that list to the commission each quarter. The comptroller
shall provide to each of the emergency communication districts a
monthly report that outlines the money collected and remitted to
the comptroller by the wireless service provider from each wireless
telecommunications connection within the geographic jurisdiction
of these emergency communication districts.
SECTION 7. Section 771.078(b), Health and Safety Code, is
amended to read as follows:
(b) In making contracts under this section, the commission
shall ensure that each regional planning commission receives money
for 9-1-1 service in two separately computed amounts as provided by
this subsection. The commission must provide each regional planning
commission with:
(1) an amount of money equal to the total of the
revenue from the emergency service fees collected under Sections
771.071 and 771.0713 that is deposited in the treasury and
appropriated to the commission multiplied by a fraction, the
numerator of which is the amount of those fees collected from the
region and the denominator of which is the total amount of those
fees collected in this state; and
(2) an amount of money equal to the total of the
revenue from the emergency service fees [fee] for prepaid wireless
telecommunications connections under Section 771.0712[1] that is
deposited in the treasury and appropriated to the commission
multiplied by a fraction, the numerator of which is the population
of the region and the denominator of which is the population of this
state.
SECTION 8. Sections 771.0711(g) and (j), Health and Safety
Code, are repealed.
SECTION 9. Absent timely action before September 30, 2021
by the commission in accordance with Subsection 771.0711(a)(1),
Health and Safety Code, the 9-1-1 emergency service fee on wireless
telecommunications connections imposed by the commission shall be
$0.50 per wireless telecommunications connection and shall
continue at that amount until changed in accordance with the
requirements of Section 771.0713.
SECTION 10. Absent timely action before September 30, 2021
by an individual emergency communication district in accordance
with Subsection 771.0711(a)(2), Health and Safety Code, the 9-1-1
emergency service fee on wireless telecommunications connections
imposed by that emergency communication district shall be $0.50 per
wireless telecommunications connection and shall continue at that
amount until changed in accordance with the requirements of Section
771.0714.
SECTION 11. The changes in law made by this Act apply only
to a fee imposed or administrative expense to be effective on or
after the first billing cycle after January 1, 2022. A fee imposed
or administrative expense to be effective on a billing cycle before
January 1, 2022 is governed by the law in effect on the date the fee
was imposed or expense was incurred, and the former law is continued
in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2021.