HBA-DMD H.B. 1983 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1983 By: Bosse Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE The Advisory Commission on State Emergency Communications (advisory commission) was created in 1987 to assist local governments in providing 9-1-1 telephone service by assisting in the delivery of 9-1-1 calls to locally run answering points provided by regional planning commissions. The advisory commission has no authority over emergency communication districts and cities that have chosen not to be part of the state 9-1-1 system. In 1993, the advisory commission was given joint operation of the poison control information telephone network. The advisory commission oversees four telephone consumer fees that collected $38 million in fiscal year 1997. The advisory commission will be abolished on September 1, 1999, unless continued by the legislature. H.B. 1983 renames the Advisory Commission on State Emergency Communications as the Commission on State Emergency Communications (commission) and continues the commission until September 1, 2011. This bill reduces the size of the commission and establishes conflict of interest provisions and grounds for the removal of members of the commission. This bill establishes training for commission members and a complaint system for all complaints filed with the commission. It also requires the comptroller to collect past due amounts and assess late fees against a service provider for failing to timely deliver the fees or surcharges. H.B. 1983 establishes a 9-1-1 services fee fund and requires the commission to contract with regional planning commissions for the provision of 9-1-1 service. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the comptroller in SECTION 29 (Section 771.077, Health and Safety Code) and the Commission on State Emergency Communications in SECTION 30 (Section 771.078, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 771.001(1), (4), and (10), Health and Safety Code, to define "commission," rather than "advisory commission." Modifies the definitions of "intrastate long distance service provider" and "regional planning commission." SECTION 2. Amends Subchapter B, Chapter 771, Health and Safety Code, as follows: New Heading: SUBCHAPTER B. COMMISSION ON STATE EMERGENCY COMMUNICATIONS SECTION 3. Amends Section 771.031, Health and Safety Code, as follows: Sec. 771.031. COMPOSITION OF COMMISSION. Sets forth the composition of the Commission on State Emergency Communications (commission), rather than the Advisory Commission on State Emergency Communications, with nine appointed members and three ex officio members replacing the sixteen former members. Provides that appointed members of the commission serve staggered terms of six years, with the terms of one-third of the members, rather than four, expiring September 1 of each odd-numbered year. Requires the governor to designate an appointed member of the commission as the presiding officer of the commission, to serve at the governor's pleasure. Makes conforming changes. SECTION 4. Amends Subchapter B, Chapter 771, Health and Safety Code, by adding Sections 771.0315 and 771.0316, as follows: Sec. 771.0315. ELIGIBILITY FOR MEMBERSHIP OR TO BE GENERAL COUNSEL. Defines "Texas trade association." Sets forth standard Sunset language regarding prohibitions against conflicts of interest and equal opportunity. Sec. 771.0316. GROUNDS FOR REMOVAL OF COMMISSION MEMBER. Sets forth standard Sunset language regarding grounds for removal. SECTION 5. Amends Section 771.032, Health and Safety Code, to continue the commission until September 1, 2011, rather than September 1, 1999. Makes conforming changes. SECTION 6. Amends Section 771.033, Health and Safety Code, as follows: Sec. 771.033. New Title: MEETINGS. Renames the chairman as the "presiding officer." Deletes the provision requiring the advisory commission to appoint a chairman from among its members. Makes conforming changes. SECTION 7. Amends Section 771.034, Health and Safety Code, to make a conforming change. SECTION 8. Amends Section 771.035, Health and Safety Code, as follows: Sec. 771.035. New Title: STAFF; PERSONNEL POLICIES. Sets forth standard Sunset language regarding written policy statements. Makes a conforming change. SECTION 9. Amends Subchapter B, Chapter 771, Health and Safety Code, by adding Section 771.036, as follows: Sec. 771.036. STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding commission member standards of conduct. SECTION 10. Amends Subchapter B, Chapter 771, Health and Safety Code, by adding Section 771.037, as follows: Sec. 771.037. COMMISSION MEMBER TRAINING. Sets forth standard Sunset language regarding commission member training. SECTION 11. Amends Subchapter B, Chapter 771, Health and Safety Code, by adding Section 771.038, as follows: Sec. 771.038. PUBLIC COMMENTS. Sets forth standard Sunset language regarding the opportunity of the public to speak before the commission on any issue under its jurisdiction. SECTION 12. Amends Subchapter B, Chapter 771, Health and Safety Code, by adding Section 771.039, as follows: Sec. 771.039. COMPLAINTS. Sets forth standard Sunset language regarding complaints. SECTION 13. Amends Section 771.051, Health and Safety Code, as follows: Sec. 771.051. New Title: POWERS AND DUTIES OF COMMISSION. (a) Sets forth that the commission is the state's primary authority on emergency communications. Requires the commission to coordinate emergency communications services and providers. Requires the commission to make reasonable efforts to gain voluntary cooperation in the commission's activities of emergency communications authorities and providers outside the commission's jurisdiction, including making joint communications to state and federal regulators and arranging cooperative purchases of equipment or services. Redesignates existing Subdivision (9) to Subdivision (11). Makes conforming changes. (b) Makes a conforming change. (c) Makes conforming changes. (d) Requires the commission to develop and implement policies that clearly separate the policy making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission. SECTION 14. Amends Section 771.052, Health and Safety Code, to make a conforming change. SECTION 15. Amends Section 771.053(b), Health and Safety Code, to make a conforming change. SECTION 16. Amends Section 771.055, Health and Safety Code, as follows: Sec. 771.055. New Title: STRATEGIC PLANNING. (a) Specifies that each regional planning commission is required to develop a regional plan for the establishment and operation of 9-1-1 service throughout the region that the regional planning commission serves. Makes conforming and nonsubstantive changes. (b) Makes conforming and nonsubstantive changes. (c) Provides that a regional plan must be updated at least once every state fiscal biennium and must include projected financial operating information for the two state fiscal years following the submission of the plan and strategic planning information for the five state fiscal years following submission of the plan. (d) Makes conforming changes. (e) Requires the commission, for each state fiscal biennium, to prepare a strategic plan for statewide 9-1-1 service for the following five state fiscal years using information from the strategic information contained in the regional plans and provided by emergency communication districts and home-rule municipalities that operate 9-1-1 systems independent of the state system. Requires the commission to present the strategic plan to the governor and the Legislative Budget Board, together with the commission's legislative appropriations request. Specifies guidelines for the strategic plan. SECTION 17. Amends Section 771.056, Health and Safety Code, as follows: Sec. 771.056. New Title: SUBMISSION OF REGIONAL PLAN TO COMMISSION. (a) Requires the regional planning commission to submit a regional plan or an amendment to the regional plan to the commission for approval or disapproval. Makes a conforming change. (b) Makes conforming changes. (c) Requires the commission to notify a regional planning commission of the approval or disapproval of the plan or amendment no later than 90 days after the commission receives an administratively complete plan or amendment. Makes a conforming change. (d) Requires the commission, if it approves the plan, to allocate to the region from the money collected under Sections 771.071, 771.0711, and 771.072 and appropriated to the commission the amount that the commission considers appropriate to operate 9-1-1 service in the region according to the plan and contracts executed under Section 771.078. Makes conforming changes. SECTION 18. Amends Section 771.057, Health and Safety Code, to make a conforming change. SECTION 19. Amends Section 771.058(b) and (c), and by adding Subsection (d), Health and Safety Code, as follows: (b) Makes conforming changes. (c) Provides that participation in the regional plan by a public agency or group of public agencies operating as an emergency communication district as provided by Subsection (d) does not affect the authority of the public agency or group of public agencies to set its own fees in territory under its jurisdiction at the time of recognition or added to the district after the recognition. (d) Provides that in a county with a population of 120,000 or less, a public agency or group of public agencies acting jointly that contracted with a service provider before September 1, 1987, to provide 9-1-1 service by resolution of its governing body is authorized to withdraw from a regional plan in which it chooses to participate. Requires a public agency or group of public agencies that withdraws from a regional plan under this subsection to be recognized and operate as an emergency communication district in the agency's or group's geographic jurisdiction. Provides that as an emergency communication district, the public agency or group of agencies is governed by Subchapter D (Emergency Communication Districts: Counties With Population Over 20,000), Chapter 772 (Local Administration of Emergency Communications), Health and Safety Code, and is authorized to collect all fees authorized by that subchapter or other applicable law. SECTION 20. Amends Section 771.061(b), Health and Safety Code, to delete a regional planning commission from the receivers of confidential information from a telecommunications service provider that is used to verify or audit emergency service fees or surcharge remittances. Makes a conforming change. SECTION 21. Amends Section 771.062, Health and Safety Code, to authorize an emergency communication district or home-rule municipality that operates a 9-1-1 system independent of the state system to voluntarily submit strategic planning information to the commission for use in preparing the strategic plan for statewide 9-1-1 service. Specifies what may be included in this information as determined by the commission. Requires the commission to establish reasonable guidelines for use by districts and home-rule municipalities in preparing information for the strategic plan for statewide 9-1-1 services. Requires these guidelines to include the time frames of information and instructions for submission. Makes conforming changes. SECTION 22. Amends Sections 771.071(a), (c), (e), and (f), Health and Safety Code, as follows: (a) Makes conforming changes. (c) Makes a conforming change. (e) Requires the local exchange service provider, no later than 30, rather than 60, days after the last day of the month in which the fees are collected, to deliver the fees to the commission, rather than the regional planning commission or other public agency designated by the regional planning commission and located in the area served by the regional planning commission. Requires the commission to deposit money from the fees to the credit of the 9-1-1 services fee fund. (f) Requires the commission to distribute money appropriated to the commission from the 9-1-1 services fee fund to regional planning commissions for use in providing 9-1-1 services as provided by contracts executed under Section 771.078. Requires the regional planning commissions to distribute the money to public agencies for use in providing those services. Deletes the provision requiring the regional planning commission or designated public agency to distribute the fees to the public agencies in the county for use in providing 9-1-1 service. SECTION 23. Amends Sections 771.0711(a), (b), (c), (e), (f), and (g), Health and Safety Code, as follows: (a) Makes a conforming change. (b) Provides that until money is deposited to the credit of the 9-1-1 services fee fund as required by Subsection (c), money the commission collects under this subsection remains outside the state treasury. Deletes the provision specifying that the money the commission collects is from local fees. Makes conforming changes. (c) Requires the commission, within 15 days of the date of collection of the money, to distribute to each emergency communication district, rather than each regional planning commission and 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, rather than to the total combined population of the areas served by a commission or district. Requires the commission to deposit the remaining money collected under Subsection (b) to the 9-1-1 services fee fund. Makes conforming changes. (e) Makes a conforming change. (f) Makes conforming changes. (g) Makes a conforming change. SECTION 24. Amends Sections 771.072(a), (c), and (f), Health and Safety Code, as follows: (a) Makes a conforming change. (c) Requires an intrastate long-distance service provider, except as provided by Section 771.073(f), to collect the surcharge imposed on its customers and deliver the surcharges to the commission no later than 30, rather than 60, days after the last day of the month in which the surcharges are collected. (f) Deletes reference to Section 403.094 (Repealed), Government Code, as a section that does not apply to the account established by this subsection. SECTION 25. Amends Sections 771.0725(b), (c), and (d), Health and Safety Code, as follows: (b) Makes conforming changes. (c) Makes conforming changes. (d) Provides that a review of a rate or allocation is not a rate change for the purposes of Chapter 36 (Rates) or 53 (Rates), Utilities Code, rather than Subtitle E, Title II, or Subtitle E, Title III, Article 1446c-0, V.T.C.S., (Public Utility Regulatory Act of 1995), which has been repealed. SECTION 26. Amends Sections 771.073(b), (c), (e), (f), and (g), Health and Safety Code, as follows: (b) Requires a business service user, that provides residential facilities and owns or leases a private telephone switch used to provide telephone service to facility residents, to collect the 9-1-1 emergency service fee and transmit the fees monthly to the commission, rather than a regional planning commission or other entity designated by the commission to collect the fee. Makes conforming changes. (c) Makes conforming changes. (e) Authorizes a service provider collecting fees or surcharges under this subchapter to retain as an administrative fee an amount equal to one, rather than two, percent of the total amount collected. (f) Makes a conforming change. (g) Makes conforming changes. SECTION 27. Amends Section 771.075, Health and Safety Code, to make conforming and nonsubstantive changes. SECTION 28. Amends Sections 771.076(a), (b), and (d), Health and Safety Code, as follows: (a) Authorizes the commission or an employee of the commission to notify the comptroller of any irregularity that may indicate that an audit of a service provider collecting a fee or surcharge under this subchapter is warranted. Deletes language authorizing the commission to require at its own expense that an audit be conducted of a service provider collecting fees or surcharges under this subchapter. (b) Requires, rather than authorizes, the comptroller to audit the collection and disbursement of fees or surcharges by a service provider to determine if the provider is complying with this chapter. (d) Deletes the provision providing that the audit of a service provider under Subsection (a) must be limited to the collection and remittance of money collected under this subchapter. SECTION 29. Amends Section 771.077, Health and Safety Code, as follows: Sec. 771.077. New Title: COLLECTION OF FEES AND SURCHARGES. (a) Requires the comptroller, rather than authorizes the commission, by rule to establish collection procedures to collect past due amounts and recover the costs of collection from a service provider or business service user that fails to timely deliver the fees and the equalization surcharge to the commission, rather than to the regional planning commission or other public agency designated by the regional planning commission. Makes conforming changes. (b) Requires the comptroller, by rule, rather than the advisory commission, to establish procedures to be used by the commission, rather than a regional planning commission or designated public agency, to notify the comptroller, rather than the advisory commission, of a service provider's or business service user's failure to timely deliver the fees or surcharges. (c) Authorizes the comptroller, rather than the advisory commission, to assess a late penalty against a service provider who fails to timely deliver the fees or surcharges. (d) Requires the comptroller, rather than the advisory commission, to deposit amounts received as costs of collection in the general revenue fund. (e) Sets requirements for the comptroller regarding the disposition of fees collected under this section. (f) Requires the commission to deposit or distribute the money remitted under Subsection (e) as Section 771.0711 provides for fees received under that section and distribute the money remitted under Subsection (e) and appropriated to the commission under contracts as provided by Section 771.078(b). Deletes text requiring fees and any associated late penalties collected under this section to be delivered to the appropriate regional planning commission or other designated public agency as provided by Section 771.071(e), and surcharges and any associated late penalties to be deposited as provided by Section 771.072(f). SECTION 30. Amends Subchapter D, Chapter 771, Health and Safety Code, by adding Section 771.078, as follows: Sec. 771.078. CONTRACTS FOR SERVICES. (a) Requires the commission to contract with regional planning commissions for the provision of 9-1-1 service. Requires the commission by rule to adopt standard provisions for the contracts. (b) Requires the commission, when making contracts, to ensure that each regional planning commission receives money for 9-1-1 service in two separately computed amounts as provided by this subsection. Specifies the amount of money that the commission must provide each regional planning commission. (c) Specifies guidelines for the contracts. (d) Prohibits more than 10 percent of the money received by a regional planning commission under Subsection (b) from being used for the regional planning commission's indirect costs. Defines "indirect costs" in this subsection. Requires the governor to use the federal Office of Management and Budget circulars A-87 and A-122 or use any rules relating to the determination of indirect costs adopted under Chapter 783, Government Code, in administering this section. (e) Authorizes the commission to allocate surcharges under Section 771.072(d) by means of a contract. (f) Requires the commission, promptly after receiving a request from a regional planning commission, to provide the regional planning commission with adequate documentation and financial records of the amount of money collected in that region or of an amount of money allocated to the regional planning commission in accordance with this section. SECTION 31. Amends Subchapter D, Chapter 771, Health and Safety Code, by adding Section 771.079, as follows: Sec. 771.079. 9-1-1 SERVICES FEE FUND. (a) Sets forth that the 9-1-1 services fee fund (fund) is an account in the general revenue fund. Provides that the account consists of fees deposited in the fund as provided by Sections 771.071 and 771.0711, and all interest attributable to money held in the account, notwithstanding Section 404.071 (Disposition of Interest on Investments), Government Code. (c) Authorizes money in the account to be appropriated only to the commission for planning, development, provision, or enhancement of the effectiveness of 9-1-1 service or for contracts with regional planning commissions for 9-1-1 service. (d) Provides that Section 403.095, Government Code, does not apply to the account. SECTION 32. Amends Section 772.304(a), Health and Safety Code, to provide that this subchapter applies only to a public agency or group of public agencies that withdraws from participation in a regional plan under Section 771.058(d), in addition to a county with a population of more than 20,000 or to a group of two or more contiguous counties each with a population of 20,000 or more in which an emergency communication district was created under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before January 1, 1988. SECTION 33. Amends Chapter 777, Health and Safety Code, by adding Section 777.012, as follows: Sec. 777.012. NUMBER AND LOCATION IDENTIFICATION SERVICE. (a) Defines "service provider" and "service user" in this section. (b) Requires a service provider to furnish to a poison control center for each call to an emergency line of the center the telephone number of the subscribers and the address associated with the number. (c) Provides that information furnished to a poison control center under this section is confidential and is not available for public inspection. Provides that information contained in an address database used to provide the number or location identification information under this section is confidential and is not available for public inspection. Provides that the service provider or a third party that maintains an address database is not liable to any person for the release of information furnished by the service provider or third party in providing number or location identification information under this section, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct. SECTION 34. Sets forth terms and appointments of members of the commission. Makes application of this Act prospective, as it applies to the appointments and qualifications of members. Requires the commission, before making a contract payment to a regional planning commission under Section 771.078, Health and Safety Code, as added by this Act, to ensure that the regional planning commission has spent all money the planning commission has received from fees under Sections 771.071 and 771.0711, Health and Safety Code, as those sections existed immediately before the effective date of this Act. SECTION 35. Sets forth that the change in name of the commission does not affect a reference to it in law or the validity of any action taken under its current or future name. SECTION 36. Requires the commission, no later than one year from the effective date of this Act, to implement Phase I of the wireless E-911 enhancements set forth in FCC Docket 94-102 for at least 75 percent of the population provided with 9-1-1 service by the Commission. SECTION 37. Makes application of this Act prospective, as it applies to the payment, collection, and disposition of fees, surcharges, and penalties. SECTION 38.Effective date: September 1, 1999. SECTION 39.Emergency clause.