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.