87R21533 JG-D     By: White, Stephenson H.B. No. 2911       A BILL TO BE ENTITLED   AN ACT   relating to next generation 9-1-1 service; increasing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 771.001, Health and Safety Code, is   amended by adding Subdivision (5-a) and amending Subdivision (6) to   read as follows:                (5-a)  "Next generation 9-1-1 service" has the meaning   assigned by 47 U.S.C. Section 942.                (6)  "9-1-1 service" means a communications service   that connects users to a public safety answering point through a   9-1-1 system.  The term 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   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.  Sections 771.0711(a), (b), and (c), Health and   Safety Code, are amended to read as follows:          (a)  Except as provided by Section 772.114, to [To] provide   for automatic number identification and automatic location   identification of wireless 9-1-1 calls and for the deployment and   reliable operation of next generation 9-1-1 service, the commission   shall impose on each wireless telecommunications connection a 9-1-1   emergency service fee. A political subdivision may not impose   another fee on a wireless service provider or subscriber for 9-1-1   emergency service.          (b)  A wireless service provider shall collect the fee in an   amount equal to 75 [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 fees under this section. The wireless service provider   may retain an administrative fee of one percent of the amount   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.          (c)  Money collected under 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   deployment and reliable operation 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, excluding the population of   the emergency communication district created under Subchapter B,   Chapter 772.  The remaining money collected under Subsection (b)   shall be deposited to the 9-1-1 services fee account.     Notwithstanding this subsection, the emergency communication   district created under Subchapter B, Chapter 772, must be included   in the collection and distribution of prepaid wireless 9-1-1   emergency service fees under Section 771.0712.          SECTION 5.  Section 772.103, Health and Safety Code, is   amended by adding Subdivisions (2-a), (4), and (5) to read as   follows:                (2-a)  "Next generation 9-1-1 service" has the meaning   assigned by 47 U.S.C. Section 942.                (4)  "Wireless service provider" and "wireless   telecommunications connection" have the meanings assigned by   Section 771.001.                (5)  "Wireless service subscriber" means a customer who   is provided wireless telecommunications connections in the   district.          SECTION 6.  Sections 772.114 and 772.115, Health and Safety   Code, are amended to read as follows:          Sec. 772.114.  9-1-1 EMERGENCY SERVICE FEES [FEE]. (a) The   board may:                (1)  [impose a 9-1-1 emergency service fee on service   users in the district] if authorized [to do so] by a majority of the   votes cast in the election to confirm the creation of the district   and by a majority vote of the governing body of each participating   jurisdiction, impose a 9-1-1 emergency service fee for a local   exchange access line on service users in the district; and                (2)  impose a 9-1-1 emergency service fee on each   wireless telecommunications connection in the district to provide   for:                      (A)  automatic number identification and   automatic location identification of wireless 9-1-1 calls; and                       (B)  the deployment and reliable operation of next   generation 9-1-1 service.          (b)  For purposes of Subsection (a)(1) [this subsection],   the jurisdiction of the county is the unincorporated area of the   county.          (c) [(b)]  The fee authorized under Subsection (a)(1) may be   imposed only on the base rate charge or its equivalent, excluding   charges for coin-operated telephone equipment. The fee may not be   imposed on more than 100 local exchange access lines or their   equivalent for a single business entity at a single location,   unless the lines are used by residents of the location. The fee may   [also] not be imposed on any line that the [Advisory] Commission on   State Emergency Communications excluded from the definition of a   local exchange access line or an equivalent local exchange access   line pursuant to Section 771.063. If a business service user   provides residential facilities, each line that terminates at a   residential unit and that is a communication link equivalent to a   residential local exchange access line must [, shall] be charged   the [9-1-1 emergency service] fee. The fee must have uniform   application and must be imposed in each participating jurisdiction.          (d) [(c)]  The rate of the fee imposed under Subsection   (a)(1) may not exceed six percent of the monthly base rate charged a   service user by the principal service supplier in the participating   jurisdiction.          (e)  The Commission on State Emergency Communications may   not impose on a wireless telecommunications connection in the   district a fee authorized by Section 771.0711 that is imposed for   the same purposes as the purposes described by Subsection (a)(2).          (f)  The amount of the fee imposed under Subsection (a)(2)   may not:                (1)  exceed 75 cents a month for each wireless   telecommunications connection; and                (2)  increase by more than 10 percent of the monthly fee   amount imposed under that subdivision in the preceding year each   time the fee amount is set.          (g) [(d)]  The board shall set the amount of the 9-1-1   emergency service fees [fee] each year as part of the annual budget.   The board shall notify each service supplier and wireless service   provider of a change in the amount of the applicable fee imposed on   the service supplier or wireless service provider not later than   the 91st day before the date the change takes effect.          (h) [(e)]  In imposing the 9-1-1 emergency service fees   [fee], the board shall attempt to match the district's revenues to   its operating expenditures and to provide reasonable reserves for   contingencies and for the purchase and installation of 9-1-1   emergency service equipment. If the revenue received from the fees   [fee] exceeds the amount of money needed to fund the district, the   board by resolution shall reduce the rate of either [the] fee to an   amount adequate to fund the district as required by this subsection   or suspend the imposition of either [the] fee. If the board   suspends the imposition of either [the] fee, the board by   resolution may reinstitute the fee if money received by the   district is not adequate to fund the district.          (i) [(f)]  In a public agency whose governing body at a later   date votes to receive 9-1-1 service from the district[, at a later   date], the 9-1-1 emergency service fees are [fee is] imposed   beginning on the date specified by the board. The board may charge   the [incoming] agency an additional amount of money to cover the   initial cost of providing 9-1-1 service to the [that] agency. The   fees [fee] authorized to be charged in a district apply [applies] to   new territory added to the district under Section 772.105(b) when   the territory becomes part of the district.          Sec. 772.115.  COLLECTION OF FEES [FEE]. (a) Each [billed]   service user or wireless service subscriber billed a 9-1-1   emergency service fee is liable for the fee [imposed under Section   772.114] until the fee is paid to the service supplier or wireless   service provider, as applicable. The applicable fee must be added   to and stated separately in the service user's or wireless service   subscriber's bill from the service supplier or wireless service   provider. The service supplier and wireless service provider shall   collect the applicable fee at the same time as the service charge to   the service user or wireless service subscriber in accordance with   the regular billing practice of the service supplier or wireless   service provider.          (b)  A business service user that provides residential   facilities and owns or leases a publicly or privately owned   telephone switch used to provide telephone service to facility   residents shall collect the [9-1-1 emergency service] fee under   Section 772.114(a)(1) and transmit the fees monthly to the   district.          (c) [(b)]  The amount collected by a service supplier from   the fee under Section 772.114(a)(1) is due quarterly. The service   supplier shall remit the amount collected in a calendar quarter to   the district not later than the 60th day after the last day of the   calendar quarter. With each payment the service supplier shall   file a return in a form prescribed by the board.          (d)  The amount collected by a wireless service provider from   the fee imposed under Section 772.114(a)(2) is due monthly. The   wireless service provider shall remit the amount collected in a   calendar month to the comptroller not later than the 30th day after   the last day of the calendar month. With each payment the wireless   service provider shall file a return in the form prescribed by the   comptroller or in a comparable form generated by the billing system   of the wireless service provider.          (e)  The comptroller shall deposit the money collected under   Subsection (d) in a trust fund in the state treasury for the benefit   of the district until distributed to the district. Not later than   the 15th day following the last day of the month in which the money   is collected, the Commission on State Emergency Communications   shall provide to the district a copy of the confidential returns   filed by each wireless service provider under Subsection (d) and   distribute to the district the total amount of money remitted to the   comptroller under that subsection from 9-1-1 emergency service fees   imposed under Section 772.114(a)(2) on wireless telecommunications   connections in the district.          (f)  A [(c)  Both a] service supplier, wireless service   provider, and [a] business service user under Subsection (b) [(a)]   shall maintain records of the amount of the applicable 9-1-1   emergency service fees the service supplier, wireless service   provider, or business service user [it] collects for at least two   years after the date of collection. The board may require at the   board's expense an annual audit of a service supplier's, wireless   service provider's, or business service user's books and records   [or the books and records of a business service user described by   Subsection (a)] with respect to the collection and remittance of   the applicable fees.          (g) [(d)]  A business service user that does not collect and   remit the [9-1-1 emergency service] fee under Section 772.114(a)(1)   as required by this section is subject to a civil cause of action   under Subsection (j) [(g)]. A sworn affidavit by the district   specifying the unremitted fees is prima facie evidence that the   fees were not remitted and of the amount of the unremitted fees.          (h) [(e)]  A service supplier or wireless service provider   is entitled to retain an administrative fee from the amount of the   applicable 9-1-1 emergency service fees the service supplier or   wireless service provider [it] collects under this section. The   amount of the administrative fee is two percent of the amount of   fees the service supplier or wireless service provider [it]   collects [under this section].          (i) [(f)]  A service supplier or wireless service provider   is not required to take any legal action to enforce the collection   of a [the] 9-1-1 emergency service fee due to either the service   supplier or wireless service provider. Each [However, the] service   supplier and wireless service provider shall provide the district   with an annual certificate of delinquency that includes the amount   of all delinquent fees due to the service supplier or wireless   service provider and the name and address of each nonpaying service   user or wireless service subscriber. The certificate of   delinquency is prima facie evidence that a fee included in the   certificate is delinquent. A service user or wireless service   subscriber account is considered delinquent if a [the] fee is not   paid to the service supplier or wireless service provider, as   applicable, before the 31st day after the payment due date stated on   the service user's or wireless service subscriber's bill [from the   service supplier].          (j) [(g)]  The district may institute legal proceedings to   collect 9-1-1 emergency service fees not paid and may establish   internal collection procedures and recover the cost of collection   from the nonpaying service user or wireless service subscriber. If   legal proceedings are established, the court may award the district   court costs, attorney's fees, and interest to be paid by the   nonpaying service user or wireless service subscriber. A   delinquent fee accrues interest at an annual rate of 12 percent   beginning on the date the payment becomes due.          SECTION 7.  Sections 772.119(a) and (d), Health and Safety   Code, are amended to read as follows:          (a)  Periodically, the board shall solicit public comments   and hold a public review hearing on the continuation of the district   and the 9-1-1 emergency service fees [fee]. The first hearing shall   be held three years after the date the order certifying the creation   of the district is filed with the county clerk. Subsequent hearings   shall be held three years after the date each order required by   Subsection (d) is adopted.          (d)  After the hearing, the board shall adopt an order on the   continuation or dissolution of the district and the 9-1-1 emergency   service fees [fee].          SECTION 8.  Section 772.120(a), Health and Safety Code, is   amended to read as follows:          (a)  If a district is dissolved, 9-1-1 service must be   discontinued on the date of the dissolution. The commissioners   court of the county in which the principal part of the district was   located shall assume the assets of the district and pay the   district's debts. If the district's assets are insufficient to   retire all existing debts of the district on the date of   dissolution, the commissioners court shall continue to impose the   9-1-1 emergency service fees [fee], and each service supplier and   wireless service provider shall continue to collect the applicable   fees [fee] for the commissioners court. Proceeds from the   imposition of the fees [fee] by the county after dissolution of the   district may be used only to retire the outstanding debts of the   district.          SECTION 9.  Section 772.122, Health and Safety Code, is   amended to read as follows:          Sec. 772.122.  REPAYMENT OF BONDS. The board may provide for   the payment of principal of and interest on the bonds by pledging   all or any part of the district's revenues from the 9-1-1 emergency   service fees [fee] or from other sources.          SECTION 10.  Sections 771.0711(g) and (j), Health and Safety   Code, are repealed.          SECTION 11.  The changes in law made by this Act apply only   to a fee imposed or expense that is due during a billing cycle that   occurs on or after January 1, 2022. A fee imposed or expense due   during a billing cycle that occurs before January 1, 2022, is   governed by the law in effect immediately before the effective date   of this Act, and the former law is continued in effect for that   purpose.          SECTION 12.  This Act takes effect September 1, 2021.